& Ady. Ishwarlal Agar Tation of Geo y : : rographical Indicat ® sCopyrighe tate the “ 5 What is ian a bundle of right" ae s Intellectual Proper ~ Explain, Perty 2 Explain the ypes of Intellectual Property, —__|May, 2014 (05/5/14) (Revised Course) a With Solutions NB 1) All questions are Compuls ; pulsory, 2) Cite Case-law wherever mee 3) Figures to the right indicate full marks. Q. 1: Answer in Two sentences each ; ait a) What is a Trade-mark ? Answer : Trade Mark means a mark capable of being represented graphically, and which is capable of di the goods or sei of one person from those of others, and_may include shape of goods, their packaging and combination of colours. Trade Mark is an indication to the purchaser _or possible purchaser_as to the manufacture of quality of goods. b) What is meant by Patent of addition ? Answer : Where application is made for a patent in respect of any improvement in, or modification of an invention described or disclosed in the complete specification ipplies or has applied for a_patent for that filed therefor, and the applicant _also_ay h d invention or is the patentee, the Controller may, if the applicant requests grant of the patent for improvement or ‘modification as a Patent of Addition. ¢) i ive step. ' + ; I ) one an eine 5 fe means_a feature of an invention that involves technical eens i Inven' ared ihe existing knowledge, or having, economic significance. ate oe akes the invention not obvious to a person skilled in the art. «musical work’ ? d) What is the term of cop yright for 8 x consisting of music, and_ includes any f s_a_worl ‘3 a Musical st otk pbut_does_not include_any words or any action aphical_notation © ith the music. intended to be sung. spoken oF erformed wil : :Prakash K. Mokal & Adv. Ishwarlal Agarwal, IPR 246. Authors = Prof. P ¢) Who is a composer ? Composer in tel egardless of whether he records itin ation to.a musical work, means the person who composes any form of graphical notation, configuration, pattern. ied to_any artic Ie whether in two. 1 or in both forms, by any industrial process or nical, separate or combine, which in olely judged by the eye. 1 ‘Design’. s_only_the_features_of_shape. dimension ne means, whether manual, mech the finished article appealing to the eye and g) Explain the term ‘work’. a : “Answer : Work means any of the following works, namely — i) Literary, Dramatic Musical or Artistic work; ii) Cinematograph film; iii) Sound recording. h) Who is the Registered User under the Trade Mark Act, 1999 ? Answer : Under Section 48 of the Trade marks Act, 1999, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in_any or all of the goods or services in respect_of which the trade_mark is registered. i) State the works in which copyright subsists. Answer : The work in which copyright subsists are — a) Original literary, Dramatic. Musical and Artistic work; b) Cinematograph Films; and ¢) Sound recording. What are ‘goods’ ? Answer : Goods means anything which is the subject of trade or manufacture. Q. 2: Write short notes on Any Four of the following: _ = 20. a) Geographical Indications. b) Fair Dealing. c) Copyright Societies. d) Communication to the Public. e) Compulsory Licensing in Patents. f) Requirements of Registration of Designs. Q.3:: Attempt Any Two of the following situational problems ice with his performance. Mr. B makes a visual a) An Acrobat enchants the audien recordii ing of the performance, and without the consent of the Acrobat exhibits eure his friends on payment of charges, fate the technical term which could define the Acrobat.nswer_t S_‘perfo) i musician, dan rloe etformer’_which_includes_an_actor, si ture or any ot Juggler, conjure cludes_an_actor, si jstte oF amy whoa snake charmer, a person delive g[soan “aul Panes 4 performance — [Section 2 (qq), i ¢ Copyrigt ; Mr. B committed any ome state the penalty, if an, meme ‘answer: Yes, Mr. B spall_be_punished with ima months, but which ma ») Mr. jack wants to use the ‘ q and applies for registration are eamesh who died recently, as his trade mark Marks. the mark “Ramesh”, to the Registrar of Trade i) State the procedu: 5 et Pp re for Mr. Jack as per Section 14 of the Trade Mark Act, Answer : Sectior i Arewer_t Section 14 of the Act provides for use of names and representations of if c sons recently dead — Where an application is made for the registration of a trade mark which falsely suggests a connection with ani living person, Or a person whose death took place within 20 years prior to the date of an application for Te istration of a trade mark, the registrar may, before he proceeds with the application. require the applicant to furnish him with the consent in writirig of such living person, or as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes to the Registrar with such consent, ° ii) State and explain the qualities of a good mark. Answer : 1) It should be easy to pronounce and remember, if the mark is a word; 2) In case of device mark, the device should be capable of being described by single word: 3) It should be short; 4) It must be easy to spell correctly and write legibly; 5) Itshould not be descriptive, but may be suggestive of the quality of the goods; 6) It should appeal _to_the eyes, as well _as, to the ear, 7) It should satisfy the Tequirements of Registration. Mr. P invents and discover: ¢ apply for a patent for the inventio i) Will Mr, P succeed to get a pate Answer : No, Mr. P will not succeed to the Patents Act, 1970 where inventions n’ s a new method of cultivating pulses and desires to ni nt in the above case ? get a patent as it comes under Section 3 of ot patentable are described.8. tuthors — Prof. Prakash K, Mokal & Ady. Ishwarlal Agarwal. IPR 248, Authors 2 i to get a patent ? i) WI ¢ qualities of an in om i, i ae ree a eentian ° w product or process involving an invel D f : dustrial application is patentable invention, : swer Any Four of the following : — = ath Tema The term Intellectual I operty and explain its Tentures a b) Explain the defences available to the Defendan suit f gement of trade mark. ss Revocation of a Patent. 4) State the law on Regist ©) What is Passing Off ? trade mark and Passing Off. f) Which are the works in which copyright subs ts? [November, 2014 (25/11/14)] (Revised Course) With Solutions 1) All questions are Compulsory. 2) Cite Case-law wherever necessary, 3) Figures to the right indicate full marks, Q. I: Answer in Two sentences each: + =20. a) Explain the term ‘Computer’, Answer : Computer means any electronic, magnetic. data Processing device or system which performs logi functions by manipulations of electronic, ma; i output processing, storage, ¢ optical or other. high speed cal, arithmetic, and memory tagnetic_or_optical impulses, and omputer software, or communication l€ Computer in a computer system or b) What is the period of Answer : The the Author an nee aati i a Agreement, then it shall be — Hot stated in_the. Authors — p, a rof, Prakash K, Mokal & Adv. Ishwarlal Agarwal, ork or the prosp: ny person the copyright_v cet Lo limitations, and either for the fs a artiall and either ger who can apply for a registrati answer: The proprietor of a new his Design. d Define ‘Inventive Step’. ofa Design ? or original d gn can apply for registration of ewer: Inventive Ste : as Eas coupared ea means a feature of an invention that involves technical Se a oe existing knowledge, or having economic significance of ‘at_ makes the invention not obvious to a person skilled in the art. g What is Patent of Addition ? Answer : Where application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor_and the applicant also applies or has applied for_a_patent for that invention or is the patentee, the Controller may, if the applicant requests, grant the patent for the improvement or modification as a Patent of Addition. ) Explain the term Indication. ‘Answer : Indications include any name, geographical or figurative representation or any combination of them conveying or suggesting the geographical origin of goods to which it applies. : g) Explain the term ‘article’. ne Answer : Article means any article of manufacture and any substance, artificial, or partly artificial and partl natural; and includes any part of an article capable of being made and sold separately. b) Who is a composer ? . Answer : Composer in relation to a musical work, means the person who composes the music regardless of whether he records it in any form of graphical notation, ‘ : 3 : ieee a aod Ti 2 ca literary, dramatic or musical work — 1) the author of hich is a citizen of India; or 2) which is first published in India; or 3) the author of wanes 8 clive fan unpublished work is.at the time of the making of the work, acitizen of Indi : ieee Pee ‘soo * anything whichis. the subject of trade or manufacture. nswer : “Goods” 'S: ite short notes on ean ht Management Informatio’ ities of Copy ht Societies. e) Priority Date. ties of a Good Trade mark. Q. 3 : Solve Any Two of the following problems : =20, x appli istrati sigi ectangle to be applied to goods. Mr X applies for registration of a Design of Rectang i ” Mt succeed to get the Design of Rectangle registered under the i) Will Mr, » Designs Act, 2000 ? ; a a Answer : No, Mr. X will not succeed, because, there is prohibition of registration of certain designs, which_is_not_new or original _or_is _not_significantl distinguishable from known desigt ii) Explain the provision of law applicable. : : ; Answer : The provision of law applicable in this case is Section 4 of the Designs Act, 2000. b) The author Mr. X bequeaths his unpublished poem “The Rays virtue of a Will. i) Is the bequeath valid in law ? Answer : Yes, the bequeath is valid under Section 20 of the Copyright Act, 1957. ii) Is the son entitled for copyright on the poem “The Rays” ? Answer : Yes, the son of the author Mr. X is entitled for copyright, ” to his son Y by ¢) ‘A’ prepares an admixture of two chemicals, which react and produce a new chemical which is only an aggregation of the Properties of the two mixed chemicals. Mr. ‘A’ desires to apply for a Patent. i) Will Mr. ‘A’ succeed to get a Patent ? Answer : No, Mr. A will not succeed to get Patent, ii) State and explain the Provision of law, Answer : The provision of law in the Patents Act, 1970 is provided under Section 3 which States that ~ a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing Such substance, Q.4: Answer Any Four of the following : a) Explain the nature and scope of Intellectual Property Rights, b) Discuss the Srounds of ri r ion ofa of refi i i ra " ‘efusal of registratj fa Trade Mark under the251.4 : pk ; thors — Prof. Prakash K. Mokal & Adv. Ishwarlal Agarwal. o) Explain Revocation of a p d) Explain the effects of Repiatn, Re e) Which are the acts whicean et 4 which do f) Discuss the law of Pa: n of Geographical Indication, 0 not amount to infringement of copyright ? ng Off with relevant case law. With Solutions “"}) All questions are Compulsory. 2) Cite Case-law wherever necessary. 3) Figures to the right indicate full marks. NB. Q. 1: Answer in Two/Three_sentences each : = 20. a) Explain the term ‘patent’. Answer : Patent means a patent for any invention granted under the Patents Act, 1970. b) What is a musical work ? Answer _: Musical work means a work consisting of music_and includes an graphical notation of such work, but does not include any words or any action intended to be sung, spoken or performed with the music. ©) Who can apply for a registration of a design ? ae i Answer: Any person claiming to be the proprietor of any new original design not previoush ublished in any country and which is not contrary to public order or morality, cay apply for registration of the designs under the Designs Act, 2000. qd a ion’. 3 3 i , ame pair means @ new prodiict or process involving an inventive step and iswer: Inve! capable of industrial application. : ition’ ? ‘ é : ©) What is a ‘Patent Ae ig made for a patent in respect of any improvement in Answer : Where a icetntion described of disclosed in the complete specification or modification of an Teant also applies or has applied for a patent for that filed therefore and the a 5K. Mokal & Ady. Ishwarlal Agarwal, or modification_as_a_patent of IPR 252, Authors = Prof, Prakash n_grant_the_patent_for_the improvement + figurati he_geo Ss any name, geog! ny combination of them conveying or sugge ture and any substance, artificial, or g) Explain the term 4 part of an article capable of Answer ; Article means any article of manu partly artificial_and_partly natural; and includes _an being made and sold separately. h) Who is a performer ? ; ; Answer : Performer includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a_person delivering a lecture or any other person who makes a performance. i) What is ‘reprography’ ? Answer : Reprography means the making of copies of a work, by photocopying or by similar means. 5) Explain the term ‘mark’, Answer : Mark includes a device, brand, heading, label, ticket, name, signature word, letter, numeral, shape or goods, packaging or combination of colours or any combination thereof, Q. 2 : Write short notes on Any Fou 20. a) Commercial rental. . Answer A The Copyright (Amendment) Act, 2012 Proposes to replace the word hire with commercial rental’ in Section 14 (@) (ii) - “to sell or give on gommercal rental or offer for sale or for such Tental, any copy of the film”; Section 4 (e) (ii) ~ “to sell or 8ive on commercial rental or offer for sale or for such rental, BY copy of the sound recording; and Section 37 B)© - “to sell or give on ee saree rental or offer for sell or for such Tental, any such sound recording or ae Treording teferred to in clause (©) and clause (4), > the Amendment Proposes to replace ‘hire’ with ‘commercial rental’. The Amendment also inser iti tts the det i follows: definition for Commercial rental. The definition is as253. eR. 3 Authors — prop p, Section 2 (fa) : °C, Prof Prakash K. Mohal & Ady. Ishwarlal Agarwal o a ommMercial rent ETE paral, a lawfully acquired copy M rental does not include the rental, lease or lending of recording or cinematograph fiine Computer programme, sound recording, visual non-profit education institution 1 done non-profit purpose by a non-profit library or Explanation or the ‘ educational institution? t ause a ‘non-profit library or non-profit grants from the Governmem 4 library or educational institution which receives Fax Act, 1961 (3 of 1961) OF exempted from payment of tax under the Income The definition is more like beceraiminetine cae like an exception to copyright infringement. Instead of leasing of the a it Commercial rental it excludes giving on rent, landing or nonprofit purpose. Y Nonprofit library and nonprofit education institution for aaa fan according to definition means giving on rent or lending or oon ss an Wiully acquired copy of the work. It is unlikely that it would wae Pp ore and would not permit such organization from distributing in such The exclusion of giving co; profit liberties and educati arid scholarship. b) Copyright societies. ¢) Fair dealing. d) Provisional specification. ¢) Object of patent law. f) Qualities of a good trade mark. Purposes of this el means pies of Copyright work on rent, landing or lasing by non- ion institutions is a step forwards encouraging research Q.3: Solve Any Two of the situational problems : =12. a) Mr. X applies for registration of a design “Hexagon” to be applied to goods. i) Will Mr. X succeed to get the design “Hexagon” registered under th Designs Act, 2000 ? : : Answer : No, Mr. X will not succeed because there is ibiti istrati in designs, which is not new prohibition of Registration of certain desis or original or is not significantly distin; uishable from known ne licable, il) Explai rovision of law applicable. é Nee ein of law applicable here is Section 4 of the Design Act, 2000- Prohibition of re istration of certain designs. .ee Prof, Prakash K, Mokal & Adv. Ishwarlal Agarwal. IPR 254, __ Authors The author Mr. X re es all his copyright in the pocm “The Moon” to b) The ai > » Registrar of Copy D tethe relinquishment valid ? Fxplain with provision of law. iy ls es, this relinguishment will be valid under Section Answer " 21 of the Copyright, Act, 1957. What will be the effect of the reli favor of any person? : of the relinquishment on the rights in the or of any persol author’ righ to exist from the date of the notice, ishment on the rights in the work ©) Mr. A invents a radioactive substance and applies for a patent for the same. succeed to get a patent ii) State and explain the provision of law applicable. Answer : Mr. A is a true and first inventor of the invention [Section 6 of the Patents Act, 1970]. Q. 4: Answer Any Four of the following :_ = 48. a) Discuss the main forms of Intellectual property rights. b) Discuss “marks” which cannot be registered. ¢) Discuss the characteristics which an invention must have to be entitled for a patent. d) Explain the prohibition on registration of certain indications as geographical indication. ©) Copyright is a bundle of rights — Explain. f) What is passing off ? Discuss with case law. 25 [November, 2015 (04/11/15)] (Revised Course) With Solutions 1) All questions are Compulsory. 2) Cite Case-law wherever necessary. 3) Figures to the right indicate full marks, Q. 1: Answer in One/Two sentences each e 2, 20 a) Explain the term ‘engravings’,Answer, graving, . clud similar works, not being phot gr What is the mode of assi Answer: The mode of a by his duly autho o) Explain the term de Answer : Design me: De ans, only the fj or composition of lines or ¢ applied wh ~ hes or color ot chee imensior Lor in both forms, by any industrial process ot means, whether manus a ae Or chemical, separate or combined, which in the finished article appeal to and are Judged solely _by the eye; but does not include any mode or principle_of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause [(v) of sub-section (1_of Section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in Section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of Section 2 of the Copyright Act, 1957 (14 of 1957. hape, configuration, pattern, ornament ny arti in two dimensional 4) Define ‘inventive step’. Answer : Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. e) What is a Patent of Addition ? Answer : Where application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefore and the applicant also applies or has applied for a patent_for that invention grant the patent for the improvement_or modification _as_a_patent of Addi i Explai ‘m ‘goods’. A 1 Explain the term eo anything which i the subjeot of trade or manufctue, 8) Explain ‘collective mark’. Answer: ‘k distinguishing the goods i de Mark means, a trade marl t d and servi e pa - ve of an association of persons not being a partnership services 0! firm, which is the proprietor of the mark, from those of others. ) Who is a composer ?Authors — Prof. Prakash K, Mokal & Adv. Ishwarlal Agarway Authors ~ Prof. Jation to a musical work, means the person who compos nel: : n he perso of whether he records it in any form of graphical : ‘ork? . k means, a work which f — i) the Go: ture in India; s made or published by oF under Government; Auth in_Ind j) Explain the term ‘literary work’, 7 ; 4 re : Literary work includes computer programme, tables_and_compilation including database, Q. II : Write short notes on Any Four of the following : =20. a) Communication to the publi b) Rights and liabilities of Copyright Societies. ©) Marve Injunction. d) Specification. f) Doctrine of Honest Concurrent Use. Q. III : Solve Any Two of the following : = 12. a) Mr. X applies for registration of the term ‘Oxygen’ as a Trade Mark for his oods, t i Will Mr. X succeed to get the mark registered as Trade Mark ? Answer : No, Mr, X will not succeed in getting his mark registered as a trade mark. ii) Explain the provision of law applicable. Answer : The trade mark is well known under Section 9. Absolute grounds for refusal_of registration proviso (b) — which consists exclusively of marks or indications which may serve in trade or designate the kind, quality, quantity, intended purpose, values. geographical origin or the time of. production of the goods or rendering of the service or other characteristics of the goods or service. b) Mr. X, a singer sings the song ‘Beauty’ before an audience in an auditorium. Mr. Y records the said song, i) Which are th ‘Beauty? ? le technical terms which could define Mr. X and his song Il be author of musical works. ited any offence ? Explain, has committed an offence of infringement of Copyright.pk 257. Authors — Prof. On a visit to the Saha es 9 Oavel for nearly nr pesert, Mr. X discovers that the Camel of Sahara can areas without water, Mr. X decides to apply for patent for i) Will Mr. X succeed to Answer : No, Mr. X will ji) State and explain the ver: The provision Prakash K, Mokal & Adv. Ishwarlal Agarwal. get Patent 2 Not succeed to get Patent, Provision of law applicable. i a in the Patents Act, 1970 is made under S : a an Pro’ cl x princi le or a formulation of an abstract_theory ra ae ofan living thing o1 non-living substances occurring in nature: Proviso (j) — plants and animals in whole or_any part thereof other than micro-organism but including seeds, varieties and species and essentially biological 5 i i ‘i processes for production or propagation of pl: and animals. . ee aor Ic n Q.IV : Answer Any Four of the following (in brief) : = 48. a) Explain the nature and types of Intellectual Property Rights. b) Discuss the grounds of refusal for registration of a ‘Trade Mark’ under the Trade Mark Act, 1990. c) Explain the limitations on the Rights of a Patentee. d) Explain the procedure of registration of Geographical Indications. e) Which are the acts which do not amount to Infringement of Copyright ? f) Discuss the modes of ‘Passing Off. 26 [May, 2016 (18/5/16)] (Revised Course) With Solutions B. 1) All questions are Compulsory. 2) Cite Case-law wherever necessary. S 3) Figures to the right indicate full marks. = 20. Q. 1: Answer in 2-3 sentences each : z +9 8) What is a ‘well known trade mark’? to any goods or services, means a mark rk in relation or serv Answer ; Well-known tide a) segment of the public which uses such 004s which has become so $0Authors — Prof. Prakash K, Mokal & Adv. Ishwarlal Agarwal, ervices that the use_of such mark_in_relation_ to other good: likely to be taken as indicating a connection in the course of trade ervices and_a_person_using tl {Section 2 (1) (7g) services would b endering_ of services between those goods or “in relation to the first mentioned goods or. serv: s Act, 1999]. mited period to a person (ie, Hing, importing the patented at_ product when a_pi who has i) invente made the improvement of an existing article or iii) a new new process of making an article. . ©) Define ‘invention’. ; : : : Answer : Invention means, a new product or process involving an inventive step and capable of industrial application. d) What is the term of ‘copyright of a sound-recording’ ? Answer : The author and owner of a sound recording is the producer . “Sound recording means a recording of sounds from which such sounds may be re-produced regardless of the medium on which such recording is made or method by which the sounds are produced” [Section 2 (xx)]. ~ Examples : Audio cassettes, Compact discs, Records, etc. e) Explain the term ‘performance’, Answer : Section 2 (q) of the Copyright Act, 1957 defines the term “performance” — “performance, in relation _to_performer’s right, means any visual_or acoustic presentation made live by one or more performers”. f) Explain the term ‘design’. Answer : The term design is defined under Section 2 (d) of the Designs Act, 2000 — “Design means_only the features of shape; configuration, pattern, ornament or: composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms by any industrial process or means, “whether manual, mechanical or chemical, Separate or combined, which in the finished article appeal to and are judged solely by the eye”. 8) Explain ‘Indian work’, Answer : “Indian work” means a lit i er Ly n rary, dramatic or musical i t of which is the citizen of India; or (ii) which ig first published in baie eau 3 OF (iii259. A cP; pR ; Authors — Prof. Prakash K, Mokul & Adv, Ishwarlal Agarwal. hor of which, in the case of : atk 7 cities ; cof an_unpublished work is, at the time of the making of the WOTSs SENSO! India” ~ [Section 2 (1) of the Copyright Act, 1957]. yy Who is “registered user? under the Trade Mark Act, 1999 ? Answer: Under Section 2 (1) (x) of the Trad or the time being registe: Marks Act, 1999, “registered user” ed as such under Section 49 of the j) State the works in which copyright subsi Answer _: Copyright subsi: r x nly in certain cl Dramatic, Musical_and_ Artis Works. _b) Re Recordings. [Copyright Act ~ Section 13 (1)]. es of works : a) Original Literary, ‘inematographic_films. C) Sound d Explain the term ‘goods’ in the Trade Marks Act, 1999. Answer : Under Section 2 (1) Gj) of the Trade Marks Act, 1999, “goods” means anything which is the subject of trade or manufacture. Q. 2: Write short notes on Any Four of the following : =20. a) Functions of a Trade Mark. b) Reasonable requirements of the public. c) Good Trade Mark. d) Joint Authorship. e) Compulsory Licensing in Patents. f) Prohibition of Registration of certain Design. Q.3 : Solve Any two of the following situational problems : =12. a) The famous trade mark TATA is a surname. i) Which provision of the Trade Mark Act enables the surname to be used as trade mark, despite the express provision that surnames per se are if ? reece eens Section 9 of the Trade marks Act, 1999 one of the absolute ground for registration of the trade mark is that it is devoid of any distinctive character, But under Section 133 of the Act, the preliminary advice may be given b the Registrar as to distinctiveness: And a sumame if it has acquired sistinetiveness may be registered as a trade mark. For example, the surname Bajaj, Godre}. tw my Mahindra are registered as trade marks as they have acquired distinctiveness wi t to the goods with w ‘h they are associated before an aj lication for their ect to registration is made. ii) Name the authority involved in Registration of Marks.Prof, Prakash K. Mokal & Ady. Ishwarlal Agarwal, Authors = Regi for_the_purposes_of registri IPR 260. > authority trar_of trade copyright for the painting inter of an advertisement poster cla on the poste oo i) Will Mr. X succeed to get copyright for the painting ? nswer : Yes, Mr. X would succeed in getting a copyright for the painting, the legal provision applicable. Under Section 2 (c) the “artistic work” includes_a_painting, and the Answer : copyright s for the painting also. ©) An Adivasi in a remote jungle not exposed to civilization invents an are made of sharpened stone fixed to a stick to kill prey. The Adivasi, when he strayed into a city, is advised to apply for hi: . i) In the above case, will the Adivasi succeed to get a patent for his invention ? Answer : No, this Adivasdi cannot seek a patent for his invention. ii) Explain the legal provision applicable. Answer : Under Section 2 (1) (j) of the Patents Act, 1970, a patent may be granted to an_ invention of product or process which is “new” and “useful”. “Novelty” is the test of “invention” under this Section. The creation of an arc is neither novelty nor invention. According to Section 3 (b) of the Act, it is not an invention. Q. 4: Answer Any Four of the following : = 48, @_~ What is Deceptive Similarity ? Gi) Explain the nature and forms of Intellectual Property Rights. What are the rights and duties of a patentee in respect of the patent granted to him ? (iv) Define the terms “Broadcast” and “Performer”. Discuss the rights of the Broadcasting Organization and of Performers, () “Copyright is a bundle of rights” — Explain, (i) Explain the grounds of refusal for registration of Trade Marks. [November, 2016 (16/11/16)] (Revised Course) With Solutionspe 261. Authors Prof. Prakash K, Mokal & Adv. Ishwarlat Agarwal. 1) All questions are Compulsory, 2) Cite Case-law wherever necessary 4) Figures to the right indicate full marks, Answer the following in 2-3 sentences ench t Qk k_distinguishing the_goods or services of ship within the meaning of the Indian Parte’ others”. p) What is meant by “patent” ? Answer : Section 2 (1) (m) of the Amendment Act, 2005 defines Patent. “Patent” means a patent for any invention granted under the Patent Act, 1970. Patent means ‘exclusive right’ conferred upon the ‘patentee’ with respect to an ‘invention’. ¢) Define a “inventive step”. Answer : “Inventive step” means feature of an invention that involves technical advance as compared to the existing knowledge or having. economic significance or both and that makes the invention not obvious to a person skilled the art”. [Patents Act — Section 2 (1) (ja) 4) What is the term of “copyright of an Artistic Work” ? ei Answer : The term “artistic work” is defined under Section 2 (c) of the Copyright Act, 1957. Artistic work means, ~ (i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an. engraving or a photograph, whether or not am such work possesses. artistic quality; (ii) a work of architecture; and (iii) any other work of artistic_ craftsmanship”. The copyright of an_artistic_work_subsists during the lifetime of the author of such work and for 60 years following the year of the death of the author. ®) Who is a “performer” ? : Answer “the term is defined under Section 2 (qq) of the Copyright Act 1957 as = “performer” includes an actor, singer. musician, dancer, acrobat, juggler, conjurer, Snake charmer, a person. delivering a_lecture or any other person. who makes a Performance”.Authors — Prof, Prakash K. Mokal & Adv. Ishwarlal Agarwal, IPR 262. Dp eeptalal the rea tion 2 (d) of the Designs Act, 2000 — Answer : The te re uration, pattern, ornament or her in two dimensional or whether ed article mechanical or chemical, separate or combined, which in the fii al to and are judged solely by the eye”, ) Explain “Registered Proprietor”. , Answer : “Registered proprietor, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark” — Section 2 (1) (vy) of the le marks Act, 1999. h) Who is ‘registered user’ under the Trade Mark Act, 1999 ? 5 Answer : Under Section 2 (1) (x) of the Trade Marks Act, 1999, “registered user” means a person who is for the time being registered as such under Section 49 of the Act. i) State the works in which copyright subsists. Answer : Copyright subsists only in certain classes of works : a) Original Literary, Dramatic, Musical_and Artistic Works. b) Cinematographic _films. C) Sound Recordings. [Copyright Act — Section 13 (1)]. i) Explain the term “Indication”, Answer : “Indication includes any name, geographical or figurative representation orany combination of them conveying or suggesting the geographical origin of Boods to which it applies” — Section (2) (1) (2) of the Geographical Indications of Goods Act, 1999, Q. 2: Write short notes on Any Four of the following : =20. a) Berne Convention. b) Reasonable requirement of the Public, ©) Well Known Trade Mark. 4) Infringing Copy. ©) Compulsory Licencing in Patents, f) Prohi ion of Registration of certain names of chemical elements or international non-proprietary names, Q. 3: Solve Any two of the following situational roblems : = 12. a) Three photograph corners, PFS take photographs of the Taj Mahal from different263. Author: pk uthors — Prof. Prakash K, Mokal & Adv. Ishwa Can the three Photographe notographs ? rlal Agarwal. rs claim copyright for their respective yer_: Yes, the three nswer, htee_photographers can claj i ae ant © photographers can_claim_copyright for their respective ji) Explain the legal prov . : ion applicable. Answer: It_is the individual tate a Mahal. Each of them can be fal hem can be considered to be Within the meaning of Seetion 2 (d) of the Copyright Act, 1957. the person taking ihe photograph, in relation to a photograph is considered an ‘author’, : Under Section 17 of the Act, author is the first owner of the copyright of the work. » “y” applied for registration of the word “Ustickon” in respect of rubber soles iy shoes. he Registrar of Trade Marks refused to register the word as Trade ark. i) Is the Registrar of Trade Marks justified in rejecting the registration ? i) Answer : Yes, the Registrar can be justified in rejecting the registration. The Registrar refusing to grant/register trademark is correct. Under Section 9 (d) of the Act, there is the ‘absolute’ ground for refusal, that is, if the trademark is of such nature as to deceive the public or cause confusion, then the trademark shall not be registered. ii) Explain the legal provision applicable. Answer : Yes, under Section 11 of the Act, if the trademark is ‘relative’ in nature (ie. ‘relative’ grounds for refusal. It means — (a) if there is likelihood of confusion caused to the public including the likelihood of association with an earlier trademark by virtue of its identity with the earlier trademark (eg. ‘ESCON’, ‘AFSCON’, etc.) though the product of the later (i.e. ‘Usticon’) is different from the earlier_well- known trade mark, (b) if the earlier trademark is well-known trademark in India and the later mark would take unfair_advantage of the earlier_mark_or_would_be detrimental to the distinctive character or repute of the earlier trademark. ) Mr. B declares that he has invented a ball which instead of falling to the ground rises up in the air, defying the principle of gravity. i) Can Mr. B seek a patent for the invention ? Answer : No, B cannot seek a patent for his invention. Ex he legal provision applicable. duseues Updet Section 2 (1) (j) of the Patents Act, 1970, a patent may be granted toan invention of product or process which is “new” and “useful”. “Novelty’ is the test of “invention” under this Section. The ball filled with a gas will ar oe it i i ion. Under Section 3 (a) of the on the ground. There is neither novelty nor invention. UnderIPR 264, Authors ~ Prof. Prakash K, Mokal & Adv. Ishwarlal Agarwal, i ch is fhiv ch claims anything obviously contrary tg ention which is frivolous or which ¢ viousl ar established natural laws are not inventions, ‘The natural Jaw is the law of gravity x defy it by invention without using the substance like 2 re ving : = 48, . 4: Answer Any Four of the following : __ 4s M (i) Diseuss the absolute grounds for refusal of registration of Trade suit for infringement of Trade Mark. What defences are ble for the defendant ? (iii) Discuss - “All inven are not patentable”, (iv) Explain the need for protection of Intellectual Property () What is Ps and passi Gi) Expt g off. (vi) Comment on ownership of Copyright. 28 [May, 2017] (Revised Course) With Solutions Please check whether you have got the right question paper. 1) All questions are Compulsory. 2) Cite relevant Case-laws wherever necessary. 3) Figures to the right indicate full marks, Q. 1: Answer in Two to Three sentences eac! 20. a) What is a ‘Collective mark’ ? Answer : [Nov. 16: Nov. 15; Dec, 13: Nov. 10; Nov. 08; Nov. 07). b) What is a Patent of addition ? Answer : [Nov. 15; May, 15: May, 14: May. 13: Dee. 12; Nov. 11] ©) Who is a person interested 2 Answer : Apr, 17: May, 12265. Auth pe thors ~ Prof. Prakash K. Mokal & Adv, Ishwarlal Agarwal. what is the term of co a Mnswer : [Nov. 08 PY right of a Literary Work 2 a Explain the term ‘package’, answer: “package” j i c, box, comainer, covering, reel, frame, capsule, cap, lid, 1999] and [ Section 2 (i) of \d Protection) Act, 1999") 2. wrapper and cork, [Section Sea Explain the term ‘engraving’, “Answer: “engravings” include_etching, litho; cl i wer i « g, lithographs, wood-cuts, prints and other similar works, not being photographs. [Section 2 (i) - The Copyright Act, 1957) ) What is reprography ? Answer 3 reprograph ” means the making of copies of a work, by photocopying or similar means. [Section 2 (x) — Copyright Act, 1957}: 1) Who is the registered proprietor ? ‘Answer : [Nov. 16; May, 13; Dec. 12; Ma i) Explain the term ‘transmission’ under the Trade Mark Act, 1999. Answer : “transmission” means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment. [Section 2 (zc) - Trade Marks Act, 1999]. j) What is the meaning of ‘patented article’ and ‘patented process’ ? Answer : “patented article” and “patented process” means. respectively an article or process in respect of which a patent is in force. [Section 2 (0) — Patents Act, 1970]. Q.2: Write short notes [Any Four]: =20. a) Certification Trade Mark. b) Rights and obligations of a Patentee. c) Ghost Marks. d) Copyright Societies. e) Complete Specification. f) Anticipation. Q.3 : Solve Any Two situational Problems with reasons + ; . ; a A) A dancer enchants the audience with dance movements. Mr. X makes a visual recording of the dance movements with the permission of the dancer and exhibi to his friends on payment of charges. i) State Serenata terms which would define the dancer and the dance Movements. =12.i IPR 266.__Authors — Prof. Prakash K, Mokal & Adv. Ishwarlal Agarwal, 1_term___which would define Y which_includes_an_actor, Juggler, conjurer, snake charmer, a person delivering Jance’_and_the ‘dance inger, musician, dancer, ny other ‘on who makes a performance — [Section 2 (qq)],_and_he is also. hor’ in elation t photograph, ‘the artist’ Section 2 (d) (iii) of ler the Copyright Act, 1957, if yes, state Answer : Yes, Mr. X has committed _an offence of Infringement of Copyright, He shall_be punished with imprisonment_for_a term which shall_not_be less than 6 months, but which may extend to 3 years, and with fine which shall not be less than Rs. 50,000/-, but which may extend to Rs. 2 Lakhs. B) Mr. Ram wants to use the mark “Bata” as his trade mark for his soaps and applies for registration of the mark “Bata” to the Registrar of Trade Mark. i) Will Mr. Ram succeed to get the mark registered ? Answer : No, Mr. Ram cannot get the Mark registered as “Bata”. Because it is devoid of distinctive character (i.e. Bata is already a famous registered trade mark). and therefore, it is an absolute ground for refusal for registration. ii) State and explain the Doctrine involved. Answer : Dotrine of Absolute Prohibition. ©) On a visit to the African Tropical Forests, Mr. Z discovered that the Negeri Tribe hunts with very effective spears. Mr. Z imitates the spear and applies for a patent. i) Will Mr. Z succeed to get a patent ? Answer : No, Mr. Z cannot get a patent for the spear. ii) State and explain the provision of law involved. Answer : Under Section 2 (1) (j) of the Patents Act, 1970, a patent may be granted to an invention of product or process which is “new” and “useful”. “Novelty” is the test of “invention” under this Section. The imitation of the spear is neither novelty not invention. According to Section 3 (b) of the Act, it is not an invention. Q. 4: Answer Any Four of the following : = 48. a) Discuss the classification of intellectual property, : b) Discuss Revocation of Patents, ©) “All inventions are not eligible for grant of patents” 4) Discuss the grounds of Refusal of i i aera nga of Registration un ©) Explain the law of passin in the g off. f) Copyright is a bundle of rights — . Explain. der the Trade Marks Elaborate.267.4 ys uthors — Prof. Prakash K, Mokal & Adv. Ishwarlal Agarwal ___[November, 2017 Go] (Revised Course) With Solutions Please check whether you have got the right question paper. NB. 5 "1) All questions are Compulsory, 2) Cite relevant Case-laws wherever necessary. 3) Figures to the right indicate full marks. Q. 1: Answer in Two to Three sentences each : =20. a) What is a ‘trade mark’ ? Answ May, 2014 b) Who is a ‘patentee’ ? Answer : “patentee” means the person for the time being entered on the register as the grantee or proprietor of the patent.[Section 2 (p) of the Patents Act, 1970} ¢) What is an ‘inventive step’ ? ‘Answer : [Nov. 16; Nov. 15; Nov. 14; May, 14: Dec. 13; May, 13; Nov. 11; April. 09) 4) What is the term of copyright of a Musical Work ? Answer : [May, 15, May,14; April, 07 ¢) Who is a performer ? Answer: : [Nov. 16; May, 15; Dec. 13 f) Explain Government work. Answer : [Nov. 15; Dec. 13 2) Explain the term ‘package’ under the Trade Mark Act, 1999. Answer : [May, 2017 4) St jn which copyright subsists. Answer: INDY. 16. May ve May, 14; Dec. 13: Nov. 11; Nov. 10; April, 09; May. 2014 q ii i ‘ding ? ) Who i hor in relation to sound recordi haser ic emeor sound recording the author is the producer.IPR 268. Authors ~ Prof. Prakash K. Mokal & Adv. Ishwarlal Agarwal, sociated trade mark ? j) What is an a: Answer ing Pate f) Functions of a Trade Mar' Q. 3: Solve Any Two situational problems with reasons + A) Mr. Ravi wants to use the name Nitrogen as his trade mark for clothes and applies for registration of the mark to the Registrar of Trade Marks. ; i) Will Mr. Ravi succeed to register the name “Nitrogen” as trade mark for his goods ? ; : Answer : No, Mr. Ravi will not succeed in getting his Mark registered as a Trade Mark. ii) State and explain the provisions of law involved. Answer : The trade mark is well known under Section 9. Absolute grounds for refusal_of registration proviso (b) — which consists_exclusively of marks or indications which may serve in trade or designate_the_kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service. B) Mr. Vishnu, the farmer discovers a new method of. sowing seeds which ensures their quick germination and applies for a patent of the discovery, i) Will Mr. Vishnu get a patent for the method 2 Answer : Yes, Mr. Vishnu will succeed to get registration. ii) When can an invention get a patent ? Answer : An invention of a “new” “useful” product_or_process involving an “inventive step” and capable of industrial application can get a patent. Novelty” is the test of inventi © ° ae enchants the audience with her dance movements, ¥) State the technical term which could d fi n movement lefine the dancer and her dance Ai ; 5 5 monte +The technical term __which would define “dance’ ‘and_the ‘dance ate je ettommer a includes _an_actor, Singer, musician, dancer, njurer, snake charmer, a erson deliveri 1 , ; ting a lecture or any other Person who makes a performance — {Section 2 (qq), and he is also an “author in269. Py pR Authors ~ P rof. Prakash K, Mokal & Adv. Ishwarlal A; ion to an artist k ae relation f0_an artistic work other than_a photograph, ‘the artist? iii the Copyright 7, photograph, ‘the artist’ ion 2 (d) (iii) of ji) Explain any two of the Dancer Right Answer 3 cer is a “performer”. B make sound recording or r sound recording or_visua performa e; 4) to communicate the performance to the public, oth Q 4: Answer Any Four of the following [Essay Type] : = 48. a) Explain the term property. Analyze intellectual property as a form of property. b) Discuss the inventions which are not patentable. c) What are the grounds for opposition to grant of a patent ? d) What is Passing Off ? Distinguish between Infringement and Passing Off. e) Critically analyze Section 52 of the Copyright Act, 1957. f) What are the various forms of Trade Marks ? What are the qualities of a good Trade Mark ? Guidelines for the AM India Bar Examination: “The AM India Bar Examination” 10 After passing L L. B. Examination from any University in India, those ua) intend to practice as an Advocate, will have to pass “All India Bar Examination’ held by the Bar Council of India. The Examination Question Paper is common to in India. z aaa hep of Objective Questions, such as multiple choice/Fill in the Blanks/True or False/Single Sentence Answer, Situation bases problems, a In view of the same, the Old pattern of Question Papers is also retained in jus a Syllabus for the “All India Bar Examination” covers all the subjects of LL. B. a tudents can make use of the all Law Books written by the Author for Five Years Hird, Ivth anf Vth Year/Three Years Ist, lind and Wited Year. is ‘hould keep with them all the law books writte1 tis, therefore advised that, students s by the Author, as the same can be use| ful for the All India Bar Examination.