NEPAL OPEN UNIVERSITY

Faculty of Management and Law

Office of the Dean
Year End Examination
2078 (2021)

Program : Bachelor of Laws (LL.B) Full Marks: 50

Year : Third Time: 1.5 Hours
Subject : LWIPL 407 Intellectual Property Law

Group A
Conceptual Short Answer Questions

Attempt any THREE questions given below. [3x5=15]

Q.1 What are the authorities and institutions responsible for the protection and promotion of
Intellectual Property in Nepal? Explain any two of such authorities.
Q.2 Explain the importance and economic value of Intellectual property.
Q.3What are the conditions for “patentability”?
Q.4What are the “economic rights” subsisting in the copyrightable works according to the
provisions of Copyright Act, 2059 (2002).
Q.5What are the differences between “farmer’s rights” and “breeder's rights”.

Group B
Critical/Descriptive Long Answer Questions

Attempt any TWO questions. [2x10=20]

Q.6 Do you agree that copyright is a whole different branch of Intellectual Property law in
Nepal? Explain in detail about copyright infringement and the remedies provided by the
law. Support your answer with relevant case law (if any).
Q.7 Do you agree that traditional Knowledge is an integral part of Intellectual Property, yet it
is not dealt with exclusively like Industrial Property? Is it important in the context of Least
Developed and Developing Countries? Explain.
Q.8 Trademark is the most recognized and valuable form of Intellectual Property in Nepal. Do
you agree with the statement? Give elaborated view of your opinion.
 Group C
Legal Situation/ Problem Solving

Q.9 Read the following legal situation and answer the questions that follow [3x5=15]

The Industrial Property Bill, 2074 (2017) has mentioned Geographical Indication (GI) as one
of the form of Intellectual Property [Section, 2(i)(2)]. The Act states that, anyone who wants to
register GI must give application for such in the IP Administrative Office [Section, 107(1)].
While submitting application, the applicant must also include the recommendation of Local
Bodies [Section, 107(2)]. Similarly, IP Administrative Office has the duty to register the GI
after necessary investigation [Section, 5]. According to the Act, registration of GI is valid for
10 years from the date of registration [Section, 94(1)]. Such registered GI need to be renewed
within six months after the expiry of registration period [Section, 94(2)].

The Act also states that, the right to use GI is vested to all the goods producers of that region
who obliges with the standard of production of the region [Section, 107(3)]. Similarly, if there
is written application, or if the Office had known by any means of violation of the right of the
GI of the region then the Office may investigate about such violation [Section, 99(1)]. When
investigated if it is proved that GI was violated then the culprit are punished with the fine of
one lakh to ten lakh Nepalese rupees [Section 99(2)]. And such products may be seized and
destroyed [Section 99(3)]. However, it should be noted that, goods which are already
registered as the GI according to this Act cannot be registered as Trademark [Section, 108].

Questions:
a. How can Geographical indication be registered according to “Industrial Property Bill,
2074 (2017)?
b. According to the Bill, to whom does the rights of GI vested? What are the consequences
for the violation of such rights?
c. How can the GI be protected according to the Bill? What is the time period for the
validity of such rights?

Best of Luck!