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UNIVERSITY OF GUJRAT Semester Spring 2020 MID TERM EXAMINATION (ONLINE) Course Code: MGT-413 Course Title:
Intellectual property rights and innovation Time Allowed: 90 Minutes Marks: 25 Name: ----------------------------------- Roll #: ---------------
-------------------------- All questions are mandatory. Please answer questions 1-3 after reading the case below: Marks (2.5*3=7.5) 1.
How first to file and first to invent phenomena applicable here? 2. Draft a patent application of this case study with available
information. 3. If Somatex want a shorter protection at less cost of its invention, then what options can be available to it? Case:
Formed in Berlin, Germany, in 1992 by current General Manager and Technical Director Frank Kniep, Somatex® Medical
Technologies GmbH (Somatex) specializes in the development, manufacturing and sale of innovative, minimally invasive and
high quality disposable instruments for tumor ablation (destroying a tumor without actually removing it), vertebroplasty (pain
relief for osteoporotic fractures), tumor biopsy, oncology (tumor treatment), mammography and pregnancy related
procedures. Somatex’s innovative products are particularly used in interventional radiology, a field in which minimally invasive
operations are performed using image guidance from technologies such as magnetic resonance imaging (MRI), which allow
doctors to see pictures of the internal structure of the body. Working under the philosophy of “Permanent Product
Innovation,” Somatex not only develops and manufactures standard medical diagnostic and therapeutic products, but also
works in close cooperation with physicians, hospitals and university clinics to innovate special interventional radiology
methods and products that are based on the precise needs of physicians. Since 2006, Somatex has intensified its activities in
the development of new procedures and instruments used to treat painful bone fractures in the vertebrate caused by
osteoporosis. Please answer questions 4-7 after reading the case below: Marks (2.5*4=10) 4. Does trademark of Macdonald’s
fulfill the criteria of distinctiveness in this case? If yes, then how? 5. What other than franchising business agreements can exist
between MacDonald’s and third parties? 6. Compare different business agreements with franchising with respect to this case
study. 7. There are several options for franchising business. Which type do you think Macdonald’s has opted for operations in
Pakistan? Case: McDonald's is an illustration of brand franchising. McDonald's, the franchisor, grants the right to sell
McDonald's branded goods to someone wishing to set up their own business, the franchisee. The license agreement allows
McDonald's to insist on manufacturing or operating methods and the quality of the product. This is an arrangement that can
suit both parties very well. Under a McDonald's franchise, McDonald's owns or leases the site and the restaurant building. The
franchisee buys the fittings, the equipment and the right to operate the franchise for twenty years. To ensure uniformity
throughout the world, all franchisees must use standardized McDonald's branding, menus, design layouts and administration
systems. Page 1 of 2 Q.8 Geo films is film distribution company owned by GEO television network. Donkey Raja is on amongst
its block buster previous year. What rights performers, producer of the movie and GEO as a broadcasting channel enjoys
according to related rights? Marks (3) Scenario The development of a new drug is a time-consuming and expensive process.
To stimulate investment in drug development, the creators of new drugs (including the pharmaceutical companies that
undertake the development and testing that is needed before any drug can be used in patients) can apply for “intellectual
property rights”. Q. 9: Consider a situation that these drugs are helpful in curing COVID-19 and creator don’t want to share the
product? Now what government will do according to intellectual property rights law? Marks (2) Q 10: Can creator of the drug
obtain utility models facility of intellectual property right? If yes then why and if no then why not? Justify your answer.
Marks(2.5) Page 2 of 2

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