\\100 AM Jo 2-30 PM, DATE! \0 2020 TIME: 10:30AM 101250 PM, MAHARASHTRA NATIONAL LAW UNIVERSITY, AURANGABAD" 72> MID TERM EXAMINATION 4 October, 2020 B.ALLL.B. Hons.) Subject: Intellectual Property Rights Semester: -(Bateh 2017-2022) Maximum Marl Time: 3 Instructions: 2), Howe, 1. Each question carries equal Marks. 2. Students may seek clarification regarding the Questions in the first twenty (20 Minutes) of the beginning of the ‘Examination and no request inthis regard will be entertained thereafier. 1. Solve any 4 of the following 6.25 marks each 1. Petitioner invented and developed a patented drug to be used in Renal cell carcinoma and Hepatocellular Carcinoma. The aforesaid drug was a palliative drug to relieve pain and slow down growth of cancerous cells. The patent of this drug i.e. Sorafenib Tosylate was obtained in India in year 2008. A drug manufacturer from india approached petitioner for grant of voluntary license for the drug. ‘As voluntary license was not granted, Controller granted Compulsory license for the said drug on 9 March, 2012. In light of above, critically analyse provisions of compulsory license under Patent act, 1970. 2. The introduction of the Cry2Ab gene from the DNA of a naturally occurring bacterium, Bacillus thuringiensis, into a cotton plant cell to synthesise a nucleic acid sequence, breeds a cotton plant variety resistant to bollworms. Monsanto Company claimed patent rights over the identification of the gene and over the method of inserting the nucleic acid sequence into the plant cell. Nuziveedu seeds argued that when a nucleic acid is introduced into any plant cell, Indian law prohibits patenting the same. Considering the facts given above, discuss the controversy arising out of patentability of biotechnology inventions. is owner of a publication of books which is nothing but compilation of question papers ied by state government to check aptitude of the candidates which consists of mathematical and general knowledge questions. The Plaintiff provides model answers to such questions. Plaintiff has also got copyright for his publications. The plaintiff alleged that the defendants were engaged in unauthorized publication and sale of books containing similar answers to the same question papers published by government for competitive exams. The defendants claimed that the model answers are not original works and therefore cannot be protected by copyright. Discuss the term “original work”, whether it is an essential requirement and whether the claim of the Plaintiff is proper? 4, Pinky Shrivastav is a resident of Lucknow. Her forefathers and now the present generation is engaged in textile work. A special chikan embroidery is crafted on all the fabrics by Shrivastav family and is famous throughout the Country and it is popular in other countries as well. The Shrivastav family has also formed an organization which is engaged in the activity of promoting the art of Chikan embroidery. Pinky Shrivastav intends to seek Geographical Indication status for the chikan embroidery craft work. Whether she can apply for Geographical Indication? What are the provisions for application for registration under the Geographical Indications of Goods (Registration and Protection) Act 1999? 5. Ariana is the author of a book “Live in the present” which is a fiction book. She wants to seek copyright for her book. What procedure will she have to follow? And what are the benefits she will have after getting copyright?