END TERM EXAMINATION, NOVEMBER 2016
B.A.LL.B. (HONS.)
SEMESTER-VII IX
IPR-Copyright (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words)
(Marks
a. How do you think that IP is property?
b. What is the reward theory for justification of copyright protection?
c. What is abstraction, filtration, and comparison test for determining infringement of copyright in computer program?
d. Define communication to public.
e. What do you mean by broadcast reproduction right?
f. Define performance. Do you think that performance of folklore is also covered in the definition of performance?
g. What are the changes brought by the Copyright (Amendment) Act, 2012 in section 18 of the Act?
h. Mention the provisions of Human Rights documents having bearing on copyright.
i. Do you think that civil remedies can be claimed for "knowingly tampering with rights management information under section 65B of the Copyright Act, 1957"?
j. Briefly discuss the disability provision in section of the Copyright Act, 1957.
2. Explain the concept of First sale doctrine. Discuss whether Indian law adopts national exhaustion or international exhaustion of copyright.
What do you mean by Anton Piller Order and Mareva Injunction? How far do you think that such orders can be issued in India? (Marks 5x2= 10)
3. Discuss the scope of exemptions for educational purpose as contained in sub-section and of Section 52(1). (Marks 10)
4. The last proviso of section 17 included in the Act by the Copyright (Amendment) Act, 2012 provides that in case of any work incorporated in a cinematograph work, nothing contained in clause and shall affect the right of the author in the work referred to in clause of subsection of section 13. Explain the above provision.
Discuss the law relating to compulsory licence contained in Sections and (Marks 5x2= 10)
5. In relation to moral right provided under the Copyright Act, 1957 answer the following:
What is the meaning of moral right of integrity?
Can criminal remedy be claimed for violation of moral rights?
Can companies possess moral rights in India?
What is the duration of protection of moral rights?
Can moral rights be possessed even after assignment of copyright?
Discuss administrative remedies for violation of copyright. (Marks 5x1+5= 10)
6. "Meaning of copyright is different for different subject matters." Discuss. Also discuss the idea-expression dictionary in the context of copyright. (Marks 10)
7. Discuss the growth of copyright law at international level. How far do you think that neighbouring rights subject matter is adequately protected in international documents?
(Marks 10)