GITAM SCHOOL OF LAW

GITAM DEEMED TO BE UNIVERSITY

Accredited by NAAC with ‘A+’ Grade
GANDHINAGAR CAMPUS, RUSHIKONDA, VISAKHAPATNAM–530 045, PH: 0891-2840511

COURSE: Intellectual Property Law CODE: SOL5A701/SOL5B701

Programme: BALLB(Hons)/BBALLB(Hons) Semester: VII

Mid Term Examination – September 2022 (20 Marks)

Time: 1.5 hours

SECTION-A
Answer any FIVE of the following (5X2=10 Marks)

1.Sita has been a hardworking and talented child since school. Last year, when she just entered
her undergraduate, she participated in the International Mechanical genius competition held in
India. She designed a robot that can help old aged person with menial tasks. The robot that she
named, “Robograndchild” can help the elderly persons order medicines, prepare food, clean home
and play music or Television. Her project made it to the International semi-finals and won the first
prize eventually. Sita decided to register her Robot as a patent. She was informed that the Paris
Convention was the first major step taken to help creators ensure that their intellectual works
were protected in other countries. As her mentor and coach, explain the Paris Convention to Sita.

2. “The history of intellectual property is extensive and has been all across the world. The
fundamental tenet of intellectual property rights is to secure intellectual creations in the same
manner that physical possessions are protected. Theoretical understanding of intellectual property
rights is essential for comprehending the rights granted and the justification for them. It's
noteworthy to note that although being a subset of intellectual property rights, trade secret law is
very different from other intellectual properties.” Briefly examine any two theories of Intellectual
Property Rights .

3.Hermoine, living in Hogwarts, has been a brilliant student. One day, she worked out an invention
to make a flying broom. She has filed provisional specification on 1st september 2021 and
complete specification on 1st August 2022. Her appliclication is published in the official gazette
when it is submitted to the Indian Patent office. In continuation of the process of filing for patent,
mention to Hermoine as to what matters are referred by the controller to examiner for the
purpose of examination of patent application as per the Patents Act, 1970

4. TRIPS Agreement has the added significance of being the first international agreement
concerning all types of intellectual property with numerous substantive provisions. What is meant
by TRIPS and how is it relevant to GATT, concerning standards of protection of intellectual
property associated with trade.

5. Rahim has invented a motorcycle that can travel at faster speed than the usual motorcycles that
range. He has further claimed that the sharp design of the motorcycle adds to its speed. He has
applied for provisional specification 11 months back. You are the controller of the patents. Rahim
has sought to apply for complete specification. Discuss about the contents of the complete
specification.
6. Lakshmi is a student of computer science and has been working diligently in her studies. She is
known for her innovative and out-of-the-box thinking. One day, when her professor was discussing
the applications of Artificial intelligence, she suddenly brainstormed for making an artificial
intelligent chatbot that can make ordering food online from the cheapest source easily. Discuss as
to whether she can apply for patents under The Patents Act, 1970. Further, briefly mention as to
what persons can apply for patents, in general , under The Patents Act, 1970

7. Ramamoorthy is brainstorming to create a dishwasher that can clean stains without using water.
On 20th Feb 2022, he shared this idea with Rampal, his colleague. On 19th Feb 2022,
Ramamoorthy filed a provisional specification. Rampal, his colleague with whom he shared his
idea, wanted to come up with a similar invention. In the context of the above case study, describe
with the help of a provision, the importance of filing provisional specification and the rules for
filing provisional and complete specification as per the patents act, 1970.

8. Meera has sought to file an application for a patent of super smooth writing ball pen with gel
technology that is eco-friendly and has erasable ink. She has filed the provisional and complete
specification. Thereafter, one of the crucial steps in the procedure to obtain a patent in India is the
publication of the patent application. you are the patent agent and she has come to you to
enquire about the details as to the process of publication of patents under The Patents Act, 1970.
Explain the process of publication in brief to Meera.

SECTION-B
Answer any ONE of the following (1X5=05 Marks)

1. You are an inventor who is attending a conference organized by the World Intellectual Property
organization. As a speaker of the conference and a senior fellow of the IPR institute in your
country, you urge the young inventors to convert their workable ideas into inventions and file for
Intellectual Property Rights. Discuss as to the nature and characteristics of Intellectual property
rights to the young inventors in the conference.

OR

2. When we talk about Patent laws, which are territorial, that is they are specific for countries
where they are enacted. And also for a specific period of time, a patent is an exclusive right to bar
others from creating, using, or selling an invention. Obtaining a patent is the first action an
investor should take to avoid the theft of their innovation. India is a country that has understood
the importance of strong patent systems for the growth of industry and commerce to bring it at
par with the modern world. With the promulgation of the Indian patent act, there is an increase in
the number of patent filing. Innovators and inventors are highly intrigued in protecting their
intellectual property. Indian Patent law has been a filter that decides what falls in the ambit of
inventions. Only inventions that are new and useful are patented. Hence, write note on
non-patentable inventions with the support of patent provisions.

SECTION-C
Compulsory Question (1x5=05 Marks)
1. One area of law that has undergone significant change recently is patent law. Patents are
granted by the Indian Patent Office after a careful review of applications. Because,
patentability of an invention is subject to satisfaction of all patentability requirements
provided under the Patents Act. Those patentability requirements may be crystallized from
the provisions of the Act. There are various judgments that go into great detail about these
requirements.

In Biswanath Prasad Radhey Shyam v. Hindustan Metal Industries (AIR 1982 SC 1444) is
arguably the most important case in relation to determination of patent requirements in the
history of IPR in India. The case relates to a means for holding utensils for turning
purposes. Hindustan Metal Industries was a partnership firm manufacturing brass and
German utensils in Mirzapur. Biswanath Prasad Radhe Shyam was a person carrying out the
business of manufacturing dishes and utensils in the same region. The impugned patent
was an ‘invention’ by Biswanath based on an old method of manufacturing utensils. The
same challenged on the ground of a lack of patent requirements. While invalidating the
Biswanath’s patent the Supreme Court stated that “lacking basic prerequisites, the
impugned invention could not be considered as patentable.”

The patent requirements are statutory criteria for the patentability of an invention. Each
requirement checks the worthiness of an invention for patent grant from a different
perspective. The requirements are not water tight compartments, and analysis of one
requirement sometimes merges with that of another. In this juncture, bearing in mind the
importance of the patent requirements give a deeper look at the requirements/elements of
patentability.

*****
 GITAM SCHOOL OF LAW
GITAM DEEMED TO BE UNIVERSITY
Accredited by NAAC with ‘A+’ Grade
GANDHINAGAR CAMPUS, RUSHIKONDA, VISAKHAPATNAM–530 045, PH: 0891-2840511

COURSE: ENVIRONMENTAL LAW CODE: SOL5A/B702

Programme: BA/BBALLB Semester: VII

Mid Term Examination – September 2022 (20 Marks)

Time: 1.5 hours

SECTION-A Answer any FIVE of the following (5X2=10 Marks)

1. Write any six legislations pertaining to protection of Environment in India?

2. Write a brief note on Amendments to Montreal Protocol?
3.Give brief note on various forms of Pollution?
4. Write legally and non legally binding Institutions affirmed by Rio Conference?
5. During the Navratri Festival one of the “Dandia Dance” group arranged Dandia Dance with loud music on
public road and it was continued till midnight thereby causing noise pollution disturbing surrounding
residents. What action can be taken against the Dandia Dance Group ?
6. Environmental Action Group challenged the permission granted by the Central and State Government for
construction of a 500MW Thermal Power Station at District Thane and claiming that would ruin the ecology
fragile area. Advise them by considering the Social needs and Environment Protection?
7.Explain the concept of ‘Appico’ Movement in India?
8.Explain the emergence of Principle of Sovereignty from Trail and Smelter Case?

SECTION-B Answer any ONE of the following (1X5=05 Marks)

1. Muncipal Corporation of Visakhapatnam has allotted certain piece of land for Public Park at Paleru
villege. Since the land is capable of fetching good price Municipal Corporation sold it it to a
Multinational Company which has been manufacturing beverages( Soft Drinks). These residents are
living around the marked area that is specifically left for the development of a park on that area. The
Residents of neighborhood of the land started their allegation against the Company after one year as it
causes deterioration to the quality and quantity of ground water as usage of Ground water is the majour
source that has been used for manufacturing Soft Drinks and wanted to challenge before Court. Decide
the Case with traditional concept of Sustainablity ?
OR

2. “The Convention on Biological Diversity adopts a comprehensive approach to conserve biodiversity and
its sustainable use along with equity in sharing benefits from such use of resources.” Discuss in detail.
.

SECTION-C Compulsory Question (1x5=05 Marks)

1.Enormous quantities of highly toxic trade effluents emitted by Industry Chemico Ltd, has caused grave
damage to village , which has become the vicinity of chemical industrial plants in India. It poisoned water,
earth and everything that came in contact with it and caused death and disease in the whole village. It led to
collective revolt by the villagers leading to the imposition of Sec. 144 Cr.P.C. by the District Magistrate. As
per the order of the Magistrate, the chemical industries have been closed. However the consequence of this
action, viz.-the enormous damage done to the water, earth, cattles, and the plants remained to be addressed.
What judicial remedies are available to the villagers ? Discuss the principles of environmental law to be
applicable in this situation. Base your answer on the decided cases?

*****
 GITAM SCHOOL OF LAW
GITAM DEEMED TO BE UNIVERSITY
Accredited by NAAC with ‘A+’ Grade
GANDHINAGAR CAMPUS, RUSHIKONDA, VISAKHAPATNAM–530 045, PH: 0891-2840511

COURSE: Corporate Law I CODE: SOL5A703/SOL5B703

Programme: BA/BBALLB Semester: 7th Semesters

Mid Term Examination – September 2022 (20 Marks)

Time: 1.5 hours

SECTION-A Answer any FIVE of the following (5X2=10 Marks)

1. ABC limited a company incorporated in Switzerland but selling cartoon collectables in India
through online medium. comment as to whether such Co can be called foreign company
under Companies Act 2013.
2. Mr. Jagdish wants to start a company of his own but wants to be the only shareholder in
the company. Mr. Jagdish comes to you for advice regarding this matter please advise Mr.
Jagdish accordingly.
3. Mr. Cuphead and Mr. Mugman wants to start a public company that will help in providing
business process outsourcing in India and they approach you for help for starting their
company. please advise them according to the company law regulations 2013.
4. Genpact ltd. wants to go for private placement, and they want to know who are excluded
from being called private placement. Please advise them accordingly.
5. Solar Bing private limited is drafting their MOA and they want to know what the use of
objective clause is. Explain the relevance and importance of objective clause to the
members of the company.
6. Mr Derek has sold 70,000 plywood beams for ₹3,00,000 to Zest ltd. Identify the charge
created on the company and the process of registering it in company’s name.
7. Mr. Bean what's drafting the AOA of Charter ltd. I wanted to know what are the few
important points that need to be existing in the AOA of company. please provide him
necessary advice on the matter.
8. Benson and Benson ltd. Wanted to start a business manufacturing cardboard but according
to their objective clause they can only manufacture paper. Argue whether they can
manufacture cardboards under the law of Companies Act?

SECTION-B Answer any ONE of the following (1X5=05 Marks)

1. Companies Issue debentures to get access to cheap loans from public compared to the
business loan provided by the banking corporation but in the past many years Government
of India has changed the kind of liability that was created by issuing debentures. Now the
debentures are part of fixed charge compare floating charge was created earlier on the
companies. Argue whether the decision is for or against the spirit of company’s law.

OR

2. Gallery Leone ltd. issue the prospectus in public which did not contain the number of
employees that was working in the company. One of the subscribers of the shares of
company filed case against the company stating that they have Hidden important information
in the from their prospective investors and therefore should be charged under section 447
what's the Companies Act 2013. As the judge in this case please decide the matter in front
of you.
 SECTION-C Compulsory Question (1x5=05 Marks)

1. Mr Hans ltd. was a publicly traded company, and it had a very good reputation in the
market where few of it’s shareholders very renowned individuals in the market. The board
of directors of the company wanted to expand the company and invest in various sectors. 2
of the directors of the company with the help of the company secretary took a loan from
Khyber bank ltd. the loan amount was used was utilised by the company to open new
ventures what the ventures did not succeed and the company ended up winding up. the
official liquidator was appointed by the tribunal who started to discharge his duties of
liquidating the assets cyber bank find an application with liquidator as one of the official
creditors of the company. the liquidator rejected the application stating that the loan was
not properly approved within the company. The Khyber bank filed petition in the tribunal
stating that they are also one of the creditors of the company and they should be treated
so by adding the name to creditors list. You have been appointed judge of this case please
decide the matter accordingly.

*****
 GITAM SCHOOL OF LAW
GITAM DEEMED TO BE UNIVERSITY
Accredited by NAAC with ‘A+’ Grade
GANDHINAGAR CAMPUS, RUSHIKONDA, VISAKHAPATNAM–530 045, PH: 0891-2840511

COURSE: INSURANCE LAW CODE: SOL5A704/SOL5B704

Programme: BA./BBA.LLB(Hons.) Semester: VII

Mid Term Examination – September 2022 (20 Marks)

Time: 1.5 hours

SECTION-A
Answer any FIVE of the following (5X2=10 Marks)

1. Ms. Wanda, a policyholder, was unhappy with the customer care services provided by her
insurance company Multiverse Insurance Ltd. She then became aware of the online services and
more prompt services offered by the Insurance Regulatory Authority. Keeping this in mind, explain
the services provided by Integrated Grievance Management System (IGMS).

2. Mr. Albus, a policyholder, takes up an insurance plan for his family. His insurance plan is for 25
lakhs. To the above plan, he adds a rider clause “Accidental Death Benefit” for 10 lakhs.
Unfortunately, Mr. Albus meets with a serious accident and he dies. What is the claim amount the
family will be receiving ? Discuss the rider clause along with the exceptions provided.

3. The main objective of social insurance is “to contribute to good financial living standards for all
families with children and reduce differences in economic conditions between households.” How is
Social Insurance different from Commercial Insurance ?

4. Mr. Bruce had taken a life insurance policy from Wayne Insurance Ltd. While applying for the
policy, the insured already had an existing life insurance policy. Is a policyholder allowed to take
more than one insurance plan ? How is this concept different from Re-insurance ?

5. In a case Mr. Holmes causes his own death in the 13th month of taking the insurance contract.
Later on, his son Mr. Watson claimed the insurance money from the company. State the differences
in the rules related to Suicide between England and India.

6. Ms. Anne while taking an insurance policy was informed by her insurance agent that, she would
have to choose a nominee at the time of signing the insurance contract. You being an insurance
agent, inform the policyholder about the concepts of Nomination and Assignment.

7. Mr. Grindelwald was one of the merchants who would come along with other sailors and ship
owners and gathered at a common place to discuss matters regarding shipping. Comment on the
History of Marine Insurance giving reference to the famous common place for discussion.
8. Examine the two tables given below and differentiate between the Insurance Plans.

SECTION-B
Answer any ONE of the following (1X5=05 Marks)

1. Hawkins Insurance Ltd. have been running an insurance business since the past 20 years.
They have trained all their insurance agents in such a way that, before taking an insurance
policy it is mandatory for the policyholders to be informed of the various principles related to
insurance. If you were an Insurance Agent, named Mr. Vecna advise the policyholder about
the “Principles of Insurance” with the help of illustrations.

OR

2. Mr. Maverick, a policyholder, in 2013 had taken a Life Insurance Plan where he had been
paying premium for 2 years. In 2015, Mr. Maverick just disappeared and was never to be
traced after that. In the year 2022, his wife approached the insurance company for release
of funds and all the benefits from his insurance plan. Is this claim valid ? What are the
conditions where a person can go missing and what is the claim process that has to be
followed ? Substantiate with relevant case law.

SECTION-C
Compulsory Question (1x5=05 Marks)

1. Suggest the best insurance plans for the below two situations :-
(a.) Situation 1 – Mr. Snape, graduated from Hogwarts University, one of the reputed universities
in the world. He was hired by a multinational corporation, with a very good annual package. Wanting
to secure his life and his parents, he approached an insurance company. While interacting with you,
he put forward his interests about investment options and having sound knowledge of the market
conditions.
(b.) Situation 2 – Dr. Tribbiani aged 50 years, wants to plan for an insurance coverage for his 22-
year-old daughter. His daughter was mentioning, that she had plans to take up projects with short
timelines after which she can even concentrate on research related work. Dr. Tribbiani was only
aware of policies with longer durations and regular payments. Is there any policy available for this
situation ?

*****
 GITAM SCHOOL OF LAW
GITAM DEEMED TO BE UNIVERSITY
Accredited by NAAC with ‘A+’ Grade
GANDHINAGAR CAMPUS, RUSHIKONDA, VISAKHAPATNAM–530 045, PH: 0891-2840511

COURSE: Human Rights Law CODE: SOL5A705/SOL5B705

Programme: BA/BBALLB(HONS) Semester: VII

Mid Term Examination – September 2022 (20 Marks)

Time: 1.5 hours

SECTION-A Answer any FIVE of the following (5X2=10 Marks)

1. “Historically when most of the world was under monarchy, theory of divine right was followed when
one divine Supreme Being was the source of the rights of individuals.” Discuss about the theory of
Natural Right.
2. UDHR is considered as one of the revolutionary and an ever evolving document which had underlined
the prominence of “Human Rights”. UDHR seen the light of the day on 10th Dec 1948, this document
had given countless number of rights, reformed the who structure concerning human rights and made
a society a functioning society. Did the value of human rights have been amplified after the
introduction of UDHR? If so how?
3. The Economic and Social Council established a specialized commission for the protection and
promotion of human rights in the year 1976, this commission had worked and established its impact
globally by doing the right thing. Elaborate the functions of this specialized wing and reflect upon its
contemporary work.
4. The United Nations General Assembly adopted a resolution in 1966 for the adoption of two
International Covenants. Mention the implementation procedure of the two Covenants.
5. “Human rights are moral principles and norms for certain standards of human behavior and regularly
protected by the municipal and international law.” How exactly international human rights have been
integrated in municipal laws via constitution.
6. The Constitution of India at various instances has been used as both shield & sword to protect Human
Rights. Justify the statement via specific provisions of law & cases laws.
7. A human life protected, preserved and nurtured today would be a stepping stone for the preservation
of future civilizations. Protecting human rights is important from a future standpoint of view. Discuss.
8. Humans must be treated with utmost humanity irrespective of caste, creed, gender, & colour. The death
of George floyd made it evident that one should be treated with decency and dignity. The
#BlacklivesMatter is not a mere hashtag but a moment which has protected a community itself. The
latest technology is giving power to people to uphold their basic rights. Contextualize the scenario
and explain which generation of rights had been violated in the above mentioned scenario.
 SECTION-B
Answer any ONE of the following (1X5=05 Marks)

1. Ideologies mentioned in magna carta are lost and found in various human civilizations but the
constructing idea which binds them together remains the same i.e. Welfare of individual and protection
of humanity. On the same pretext explain the emergence of Magna Carta and its impact on the
development of humanitarian principles & various human rights documents.

OR

2. On September, 2005 all the members of the United Nations met at conference called as ‘World Summit
Outcome’ the said conference had reshaped and restructure the existing the commission on human
rights and reformulated it into Human Rights Council. The main agenda of this council was no more
into mere inquiring. On the said pretext explain the ideology behind formulating a new body to protect
human rights.

SECTION-C
Compulsory Question (1x5=05 Marks)

1. Steve Rogers from Britain was a working class employee with a Master’s Degree from MIT, being too
vibrant in the engineering field for almost 25 years he is considered as a celebrated personality throughout the
field. Stark Industries is an Indian company which is one of the pioneers in the weapons industry who had
hired Mr. Steve as a head engineer for their upcoming project concerning manufacturing of workable
exoskeleton in Mumbai. After the appointment it had been stated that his working hours are strictly limited to
9 hours a day for 365 days, excluding public holidays but including Sundays. As the project started he had
witnessed a lot of passively discriminating attitude towards him at his work place, where his work was not
appreciated, his ideas were negated and he being excluded from all the team activities because of his
nationality. On multiple occasions he had received passive aggressive and sexual comments by his superior
authorities and co-workers. The work culture and environment had given him anxiety. List down the human
rights violations which had occurred and help Mr. Steve to get an effective remedy.

*****