Nirma University Institute of Law Semester End Examination (IR/RPR}, May - 2022 BA. LL-B (Hons) /B,Com., LLB. (Hons.), Semester - VIL 2BL726 Intellectual Property Rights Rally Supervisor's initial Exam No with date ‘Tene: 3 Hours ee - Mo, Marks Insructions: 1. tempt all questions. 2 Figures to right indate fll mars, 3. Use section-ise separate anoner Bonk. 4, Draw neat sketches wherever necestry SECTION 1 a. [20 Marks; Max. word limit= 1000] James Russell Lowell once said, “How tittle inventiveness there is in man, grave copier of copies.” His observation is exactly what a patent application ‘cannot afford to be, that is lacking an inwentive step. Keeping the sentonce 8 class discussions in mind, discuss the importance of inventiveness in Patent Jaw with the help of land mark tests laid down by various courts from 1850 to2018, @ (20 Marks; Max. word limit=1000] What are conventional and non-conventional Tradenarks? Explain the difference between both and discuss various kinds of conventional and non conventional Trademarks with the help of various exams. @. [LO Marks; Max. word limit 00] Explain the Idea-Expression dichotomy and Merger doctrine in copyright. 'Blucidate the same with the help of examples and cas oR Provide the theoretical justification of Intellectual Property Rights with the help of Labour theory, Personhood theory & Contractua! theory. tor 2 100QALI26 SECTION 4. [20 Marks: Max. word lim (000) Explain the air use’ doctrine with the help Rameshwari photocopy case Discuss each issue of the ease in detail along with the arguments from both the sides. Also, critically analyse the judgement of Delhi High Court. Qs. [15 Marks; Max. word limit=750) Explain the difference between Assignment and Licensing in general. Also, ‘with the help of provisions from Patent Act and Copyright Act, explain different kinds of licensing and assignments in detail 26. [15 Marks; Max. word limit=750) Patent opposition i the part of the process integral to the Patent Application. Explain all the grounds for Pre-grant and post-grant opposition. Also, explain. ‘the primary difference between both oR Explain the concept of ‘well known’ marks as provided tinder the Indian ‘Trademark Act, 1999, Discuss the provisions with the help of examples,