Indian Institute of Technology-Kharagpurs. End-Spring Semester 2016-17 FRIDAY 28-04-2017 02:00 PM-05:00 PM ‘Subject Name: Introduction to Intellectual Property Law ‘Subject Code: 1P60162 Rajiv Gandhi School of Intellectual Property Law No. of Regd. Students: 44 Full Marks: 50 ‘Time: hrs Answer all the questions 1. (a) Mr.X, and Mr. Y have been working as under-graduate student under the guidance « f Prof Ray of PPT University, India. . Prof Ray is having facility for fabrication and testing of robot. Mr. X has developed an idea of versatile human robot under guidance of Prof Ray. Mr. X and Mr.Y have developed the prototype of that robot with the assistance of a technical staff Mr. Ghosh. Considering the same as a potential invention that has huge application in packaging industry, they want to protect it by patent in India. Who can file patent application of that invention in India? Discuss who can be considered as first and true inventor of that invention e.g “versatile human robot. How the patent right can be extended to multiple countries like USA, EP, China? [24241] (b) Company A has filed one patent application titled as “An improved Fe-Cr alloy for heat resistant application”, .The patent claim was directed to an Fe-Cr alloy containing: from 3 to 6% Cr, and the balance Fe. The examiner has cited one prior art. The prior art that discloses the same Fe-base alloys but containing 4 to 10 % Cr. The examination report states that the invention is not patentable based on the prior art. Do you think that examiner is correct? Analyze. 2] (c )Company X is the owner of an Indian patent titled as “ An improved flux for welding, of steel”. The Claim 1 of that patent specification is read as follows: A flux for electric welding containing (i) a major proportion of alkaline earth metal silicate, and (ii) being substantially free from uncombined iron oxide. Company B has been selling welding flux having similar composition but containing Manganese Silicate. Do you think that Company B is infringing the patent right of Company X? Analyze. 21 (4) What do you mean by revocation of patent? a) 2. (a) Mr. Chatterjee has created one software for mobile application. He wants to protect the same under copyright in India. Explain him the criteria’s to protect the same under the copyright law. Discuss the various clements/components of the software that comes under the scope of copyright protection, {4] (b) Mr. Glitz has written a Nobel in German language. Thé Nobel has been published by ABC Ltd. Now, Mr. C of India has translated the same in English. Who will be author and owner of the English Nobele.g English version of the Nobel? I4 (c ) What constitutes fair use in Indian Copyright Law? Mr. Z a research scholar of TTT University has been using licensed version of METLAB-6 for last three years, He has made two backup copies of that software. Do you think that Mr. / is infringing software copyright of the owner as well as the licensee? Analyze 14) 3. (a) How the infringement in respect of software copyright is judged? Analyze the same in light of Computer Associate vsAtlai computer case BI (b) How the copyright over industrial design is different from copyright over painting? 2 (c )Discuss the criteria’s that are required to register the Industrial Design in India.[2] (d) Company XY is the registered proprietor of an Industrial Design of mobile as shewn in figure 1 (a). Company AB is selling mobile as shown in figure | (b). Analyze, whether ‘Company AB is infringing the Industrial Design right of Company XY?.[3] | oe Figure l(a) 4. (a) ABC Lid is trading in biscuit. The company wants design/create a strong trademark for the biscuit. Explain, how the company will be able to create strong trademark for the same,|2] (b) Whether the name of a person and shape of a good can be trademark? Analyze[2] (c) What do you mean by Domain name, Metatag, Linking, and Framing? [4] (@) How a person can be able to create trademark right in India? 2 5, (a) MrBanti is the resident of Bellary, UP. The place is very much known for pottery works. The resident of Bellary has been practicing the art of making pottery over the years. 1egest suitable framework to protect and promote the pottery art of that place.{4] (b) Discuss the protection mechanism of IC and its | out [2] (c ) What is utility patent? Give example [2] (d) What do you mean by Trade-secret? How is it different from patent?[2]