NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

U.G. Semester VI
Intellectual Property Rights – I
Subject Code: L120

End Term Question Paper – June, 2021

Marks: 70 Time: 5 Hrs

Instructions:

 Read the Question paper carefully.

 All Questions carry equal marks
 Attempt any five questions

Q.No.1

In Britannia Industries Ltd., v. ITC Ltd., & Ors decided on 5th April 2021, Single Judge
Bench of Delhi High Court that there is no deceptive similarity between the disputed
trademarks (provided below) of both the parties to the dispute.

According to Britannia, it registered the trademark on the packaging of NutriChoice

Digestive biscuits on September 11, 2020 and had been using the same since 2014 and
SunFest used to have different packaging back then for its digestive biscuits. According to
Britannia, SunFeast changed the packaging of its FarmLite 5-seed Digestive biscuits w.e.f.
September 28, 2020 to be deceptively similar to NutriChoice’s packaging with the intention
of encashing Britannia’s goodwill and reputation.

Aggrieved by the decision of the Single Judge Bench of Delhi High Court, Britannia decided
to appeal to the Division Bench challenging the said order. Identify the grounds of objection
for the memorandum of appeal and write the arguments on behalf of the respondents by
citing the relevant legal principles and case-laws.

Q.No.2

Delhi High Court in UTV v. 1337x.to (2019) case, provided an innovative remedy called
‘dynamic injunction’. According to this, the rights-holders do not require to go through the
cumbersome process of a judicial order to issue blocking orders to ISPs. According to this
ruling, the plaintiffs have been allowed to approach the Joint Registrar of the Delhi High

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Court to extend an injunction order already granted against a website, against a similar
‘mirror/redirect/alphanumeric’ website which contains the same content as the original
website. Aggrieved by the order, appeal is filed before the Supreme Court of India. Write
arguments on behalf of the petitioners by citing the relevant legal principles and case-laws.

Q.No.3

Explain whether both the aforementioned trademarks are deceptively similar, devoid of
distinctiveness and causes confusion in the minds of the consumer. Substantiate your
answer by citing the relevant case-laws and legal principles for this case and describe the
same with legal reasoning.

Q.No.4

Whether musical fountains performance qualifies copyright protection by complying with the
fixation requirement? Substantiate your answer by citing the relevant case-laws and legal
principles.

Q.No.5

XXX Company’s Covid (registered trademark since 1947) tablet is a well-known drug to
treat cold, cough and bodypain problems in India. After the outbreak of Covid-19 pandemic,
two famous pharmaceutical companies came out with the vaccine named Covishield and
Covaxin. Both the companies applied for registration of their respective trademarks for the
vaccine. Suppose, XXX Company want to file opposition before the Registrar of the
Trademarks, explain the strong and weak points. Substantiate your answer by citing the
relevant case-laws and legal principles.

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Q.No.6

In Pharma sector, drug companies probe the consumer’s subconscious mind when they select
a drug’s appearance. Colour is particularly important: Blue is masculine; red is bold and
simulating, pink is feminine and purple is attractive yet dignified. Can any pharma company
include pink colour in its trade dress in India? Explain by citing the relevant case-laws and
legal principles.

Q.No.7

Mr.A copied the Ph.D. thesis of Mr.B by paraphrasing the entire document. The concept in
both the documents is one and the same, but as per the Turnitin plagiarism report Mr.A’s
document is not at all similar to that of Mr.B. Explain whether Mr.A infringed the copyright
of Mr.B. Substantiate your answer by citing the relevant case-laws and legal principles.

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