Nirma University Institute of Law Semester End txamination (R/RPR), Match ~ 2022 / Supplementary fxaminaton, March boas BA, lhiions) Come eB fieseh teases 2735 otal ope Rene Roll/ Supervisors init 7 Exam No, with date Time: 2 Hours Instructions: 1. Attempt all questions 2. Figures to right inccate Full marks. a. [10+10 Marks; Max. word limit=1000} ‘Ramanam’ is the registered proprietor of the mark Streedhar for ‘mili roducts, ghee ete. under Class 29 of the Indian Trademarks Act and Rules, Rameshwar is also the registered proprietors of the mark Streedhar but for ‘atta, maida etc’ under Class 30 of the Indian Trademarks Act and Rules, ‘Ramanam’ found out that Rameshwar had started using Streedhar for various dairy and milk foods falling under Class 29. Hence, Ramanam filed {or injunction before the Delhi High Court and sought to restrain Rameshwar from using the said mark in relation to goods falling under Class 29. ‘Ramanam’, however, is not concerned with the Ramestwar's use of the mark: under for goods falling under Class 30. 4. Decide, by using precedents and provision of ‘Trademark act, if Ramanam would succeed in getting a favourable order: 2. Would it make any difference in your opinion if the marks would have registered in the same class of goods. Also, explain the Rights conferred due to registration of a Trademark, @. [1S Marks; Max. word limit=750) Rakesh and Suresh were good friends and very much creative in their work, Rakesh developed a technology which dyes the cloth with different Prints and color combinations at a time. It helps the textile industry to mint money as they can produce variety of designs, Suresh also being in the same sheQRLF2E field thought about the same idea and his invention is very much similar to that of Rakesh, Without having any knowledge of Rakesh’s invention, Suresh filed a patent application in India and USA for his invention. Later, Rakesh also filed an application for grant of patent in India, In the given situation, ‘who is entitled to get patent? Explain with the help of first to file’ and ‘rst to invent’ principle. Qs. [15 Marks; Max. word limit A 50] Curex is a British company, engaged in selling of semual wellness products, hhaving its business in India since 2000, In January 2020, Durex filed an application for registration of its new product “Sex Toy" under Designs Act, 2001. This attracted as lot of controversy among various communities in India and complaint was filed before the Delhi High Court against Curex for Jaunching such products which are hurting the sentiments of Indians. On the other hand, an opposition is filed in the Designs Office for this product by stating the reason that it is barred by Sec 4(d) of the Designs Act which states, “a design comprises or contains scandalous or obscene matter, shall not be registered”. You being the registrar of Designs, give your personal opinion as whether the “sex toy” will fall within the ambit of the stated provision and decide the matter accordingly. oR B. What is "Well known mark’ as provided under the Indian Trademarks Act Explain the pre-requisites of granting well known mark as provided under the Act. Bxplain if any registered mark could be granted the status of well-known mark. ehe