Open University of Mauritius

LLB (HONS) [OUba029]

BA (HONS) LAW AND MANAGEMENT [OUba032]

EXAMINATION FOR: July – August 2022

MODULE: Intellectual Property Law

[OUba029222 / OUba032222]

DATE: Friday 05 August 2022

DURATION: 2 Hours

INSTRUCTIONS TO CANDIDATES

1. The paper consists of Section A and Section B.

2. Section A is compulsory.
3. Answer ANY TWO (2) questions from Section B.
4. Always start a new question on a fresh page.
5. Total marks: 100.

This question paper consists of 4 questions and 4 pages.

Page 1 of 4
 SECTION A

COMPULSORY

QUESTION 1 [40 MARKS]

(a) The law protects copyright owners from those who would exploit and copy their
works. Examine the limitations and exemptions of this copyright protection.

(18 marks)

(b) Assess the economic and moral rights of an author.

(12 marks)

(c) Examine the matters which are excluded from copyright protection.

(10 marks)

Page 2 of 4
 SECTION B

ANSWER ANY TWO (2) QUESTIONS

QUESTION 2 [30 MARKS]

(a) Explain briefly

(i) the procedure for registration of a trademark; and

(8 marks)

(ii) the duration of a trademark.

(7 marks)

(b) Analyse the grounds for refusing the registration of a trademark.

(15 marks)

QUESTION 3 [30 MARKS]

(a) Analyse the conditions that need to be proven for information to be considered as
“confidential”.

(25 marks)

(b) Examine how a person can acquire exclusive rights to an Industrial Design?

(5 marks)

Page 3 of 4
QUESTION 4 [30 MARKS]

(a) Describe the three main types of trademarks, under Section 2 Industrial Property
Act (2019).

(15 marks)

(b) “Although all new inventions are prima facie patentable, there are nevertheless,
certain excluded categories”. Examine this statement.

(15 marks)

Page 4 of 4