Government Law College, Vellore

Intellectual Property Law

Compiled by Dr. Hepzibah Beulah C

Unit 1: Introduction
1. Explain about the social interest in protecting patent, copyright and trademark.
2. What is intellectual property? What are its essential features?
3. What is intellectual property? Explain the needs to protect intellectual property.
4. Define ‘Intangible property’, Discuss the various kinds of intellectual property.

Unit 2: Copyright
1. What are the rules relating to ownership of copyright? State rights of the first owner.
2. “Copyright is a bundle of rights” – Discuss
3. Enumerate the acts which do not constitute an infringement of copyright.
4. Explain assignment of Copyright and how transmission and relinquishment of
copyright is affected?
5. Explain with cases, when the use of copyright work of others is not treated as
infringement.
6. Define Copyright. What is the subject matter that can be protected under the Copyright
Act, 1957?
7. Define Copyright. Explain the remedies available in case of infringement of copyright
under the Copyright Act, 1957.
8. Define “Copyright”, Discuss the rights and duties of the Author and the owner under
Copy Right Act, 1957. (or) Copyright exists in expression of idea and not mere idea –
Discuss.
9. Explain the remedies available against the infringement of copyright in a design under
the Industrial Designs Act, 2000.
10. What are the Author’s Special Rights under the Copyrights Act, 1957?
11. Explain the object and salient features of copyright.
12. Write about the constitution of Copyright Board under the Copyright Act, 1957 and its
powers, procedures and functions.
13. Copyright exists in expression of idea and not mere idea – Discuss
14. What is Copyright Societies? Explain the provisions regarding Copyright Societies
under Copyright Act, 1957.
15. Explain the mode of constitution of copyright societies and its functions under the
copyright act, 1957.
Unit 3: Patent Right
1. Examine about Doha Declaration, 2001 and 2005 Amendments in patent act, 1970.
2. Discuss the various factors determining the infringement of patent.
3. Explain the remedies available against the infringement of patent.
4. Define Patent? Explain the procedure to obtain the Grant of Patents under the Patents
Act, 1970.
5. The rights of the Patentee are subjected to certain restrictions – Discuss.
6. What are the inventions that are patentable or not patentable under the Indian Patents
Act, 1970?
7. Complete Specification is a legal as well as technical document – Elucidate.
8. Compulsory license is a tool to check abuse of monopoly in the patent system. Discuss.
(or) What is compulsory license? what are the circumstances under which compulsory
license can be granted and revoked to the grant of patents?
9. Describe various modes of transfer of patent. What formalities are required to be
observed in case of assignment.
10. Explain the rights and obligations of a patentee.

Unit 4: Industrial Designs Act

11. Explain the remedies available against infringement of copyright in a Designs under
the Designs Act, 2000
12. Explain the powers and duties of controller under the Designs Act, 2000
13. Define Design. Discuss the piracy of registered design.
14. What are the essentials of a Design? Explain the procedure for registration of Designs.
15. Discuss the importance and salient features of the Industrial Designs Act, 2000.
16. What is new and original design? Discuss the law relating to registrability and
cancellation of design under the Design Act, 2000.

Unit 5: Confidential Information

1. Define “Trade Secrets”. Discuss the remedies available in case of infringement of

Trade Secrets.
2. Explain Industrial and trade secrets? Give an account of the remedies in case
of infringement of confidential information.
3. State the law relating to confidential information and trade secrets.
Unit 6: Trade and Merchandise Marks

17. What is Trademark? What are the rights conferred by the Trademark Acts to its owner?
18. Explain the salient features of the Trade Marks Act, 1999 (or) Procedure for registration
of Trademark.
19. Discuss the powers and functions of the Registrar of Trademarks.
20. What are the requirements to be proved in a passing off action? Explain with case laws.
21. Define Collective mark under the Trade Marks Act, 1999. Explain the marks that are
registerable and non-registerable under the Act.
22. Discuss the absolute grounds for refusal of registration of Trade Mark.
23. Define Collective Trademark. Explain about the rights arising out of registration
Trademark.
24. Define Trademark and explain the procedure for registration of trademark. (or) Explain
the trade marks that are registerable and non-registerable under the Trademarks Act.
25. Explain the concept of ‘Deceptive Similarity’ with the help of decided cases.
26. Explain Passing off. Distinguish it from infringement of Trademark.
27. Enumerate the Infringement of Trademark and enumerate the kinds of remedies
available under the Indian Trademark Act, 1999.
28. A trade mark devoid of distinctive character cannot be registered. Discuss and refer to
decided cases.
29. Explain the statutory remedy of infringement of trade marks and distinguish it from
the common law remedy of passing off with the help of decided cases, of Balkrishna
Hatcheries Vs. Nandos International Lid., 2007(35) PTC 295 (Bom)
and Ranga Rao Vs. Anil Garg 2006(32) PTC 15 (Del). Is there any difference in
tests in their applicability of trade marks to services.

Unit 7: Global Trend

1. Explain the objects of various international treaties governing various aspects of IPR.
2. The TRIPS agreement of WTO lays down certain important principles and objectives
– Elucidate.
3. Explain TRIPs. Discuss the effect of TRIPs agreement on Intellectual Properties in
India.
4. What are the effects of TRIPs Agreement on Patents Law and Copyrights Law?
5. Discuss the origin and functions of the World Trade Organization (WTO).
6. Discuss the origin, role and functions of WTO.
7. Discuss the role and functions of WTO in establishing the IPR practices by world
countries with real examples.

-------------------------------------------------------------------------------------------------------------
 Part – C

1. Compulsory License under patent Act

2. Trade Secrets
3. Passing off
4. Traditional knowledge
5. Relinquishment and transmission of copyright
6. Novartis vs Union of India
7. Piracy of Design
8. Spring Board Doctrine
9. R.G.Anand Vs Delux films (AIR 1978 SC 1613)
10. Dilution of Trade Mark
11. Term of Copyright
12. World Trade Organisation (WTO)
13. Confidential Information
14. Traditional Knowledge
15. Performer’s right
16. Procedure under Dispute settlement Understanding
17. Joint Author under the Copyright Act
18. Compulsory license under the Patent Act
19. Well-known marks
20. Diamond Vs Chakrabarty 447 US 303 (1980)
21. Idea-Expression Dichotomy in Copyright Act
22. Statutory license under Copyright
23. Deceptive Similarity
24. Confidential Information
25. Patent Agents
26. Budapest Treaty
27. Restoration of Lapsed Designs
28. Surrender and Revocation of Patent
29. Novelty in Industrial Designs
30. Various kinds of Intellectual Property
31. Remedies for Infringement of Trademark
32. Collective Trademark
33. Non-Patentable Inventions
34. Copyright in Industrial Design
35. Intangible Property
36. TRIPS Agreement
37. Author under Copyright
38. Copyright Board
39. Working of Patents
40. Patent Specification
41. Government’s use of patented inventions
42. Associated Trademarks
43. International Copyright
44. Anton Piller Order
45. Kinds of Patent
46. WIPO and its functions
47. Transmission of Patent
48. Functions of Trademark
49. Rights of Broad casting organisations
50. Distinctiveness
51. Performer’s right
52. Process patent
53. Product patent
54. Internet Domain name
55. Originality and novelty
56. Changes made by the Designs Act, 2000
57. Controller of patents
58. Intellectual property Appellate Board
59. Artistic work
60. Moral right
61. Lay observer test
62. Groundless threat
63. Benefits of Protection of IPR
64. Rights of the Patentee
65. Industrial Design
66. Well known Trademark
67. Copyright in computer software
68. Patents of Addition
69. Copyright society
70. Author and owner of copyright
71. Infringement of patents
72. Marks registerable
73. Licenses under copyright law
74. Defences against infringement of copyright
75. Essentials of Design
76. Copyright in Design
77. Kinds of patent
78. Piracy of copyright in design
79. Restoration of lapsed patent
80. Defence against infringement of patent
81. Novelty and originality
82. Mareva order
83. Register of patents
84. Registration of designs
85. Berne convention
86. Terms of various copyright subject matter
 Part – D

1. Suraj a scientist conducted research and invented a microbe (Bacteria) which is

used to avoid water pollutions in sea. He files an application in patent. Will he
succeed?
2. ‘A’ is a plaintiff who manufactures and sells a Garam masala under the registered
trademark “SAKTHI”. ‘B’ the defendant is manufacturing and selling tea with
trade name “SAKTHI TEA”. Is there any infringement?
3. An artist is performing in a cinema to graph film. Can he claim copyright on her
performance?
4. ‘A’ Company is the registered owner of the Trade Mark ‘EYETEX’ in respect of
products in cosmetics. ‘B’ Company who is also dealing in cosmetics is using the
marks ‘EYESEE’. What is the remedy to ‘A’ Company?
5. Hindustan Lever Ltd., is a manufacturer of cosmetic products. Produces its
property under the registered trade mark “EYETEX”. Lakmi India Ltd., is another
company which produces its products under the name “MYTEX”. Hindustan lever
Ltd., wants to file a case stating that it is phonetical similarity – Will it succeed?
Decide.
6. Kumar runs a business in the name of “Ratna Home appliances”. The Ratna
Automobile company (P) Ltd., sued for infringement of trademark against kumar –
Decide.
7. One company manufactures ‘globes’ mounted on wooden frame, the other
company manufactures ‘globes’ mounted on golden frame, the structure of the
mount is the same. The second company claims a copyright in the design asserting
novelty and originality of the gold frame. Decide.
8. An author of a song sues the music composers who turned for his song and
commercially used them to reap profits. Decide the original author’s (of the song)
rights.
9. The plaintiff invented a process of heart transplantation for animal. He applied for
process patent. His patent was rejected, that it violates the rights of the animals.
Decide.
10. Ashwin, who is from Australia, gets a patent on an Invention in Australia in June
2018. Dinesh, an Indian applies on the same invention in India. Is Dinesh entitled to
get patent in India? Decide.
11. Mr.Ganesh, a proprietor publishes a monthly magazine. Harish is his employee,
who writes article to a particular column in the magazine every month. After
retirement Mr.Harish wants to publish all his articles in the form of a book without
permission of Mr.Ganesh. But Mr.Ganesh objects by claiming that Harish is not
entitled to do so. Decide.
12. Dinesh is a Music Director. He engaged a singer to sing a song in his film and paid
Rs.10,000 as consideration. After recording the song, the singer claims the
ownership right. Can he succeed? Decide.
13. ‘A’ has a footwear business with registered trademark ‘CARONA’. ‘B’ another
trader has started business in footwear with a trademark ‘CAROMA’, which is not
registered. ‘A’ wants to challenge ‘B’ on the ground of phonetical similarity.
Decide.
14. ‘A’ the plaintiff company had been manufacturing medicine under the trademark
of “Nibarah”. After a long time ‘B’ the defendant began to manufacture disinfectant
under the same trademark of ‘Nibarah”. The plaintiff company raised objection.
Decide.
15. The plaintiff invented a method of playing game ‘Solidaire’ in computer. Then he
applied for patent. Decide.
16. Dr.Barathi, an orthopaedic surgeon invents new process of surgery of limbs wants
to claim patent for his method and approaches for obtaining patent. Give advice to
Dr.Barathi.
17. Saravanan, a farmer, invented a new crop of paddy which gives yielding within
70days. He applied for patent rights of his invention. Advise Saravanan.
18. Ashwin is a Scientist. He invented a wound healing medicine form Herbal Plant.
He wants to obtain the grant of patent for his product. Advise him.
19. Kalam a scientist conducted research and invented a machine which is used for
atomic energy and he claims the patent for his invention. Will he succeed?
20. Meena a proprietor of a Registered Trademark brings a suit against Lakshmi for
infringement after 20 years of such infringement. Is there is any irregularity in
suit. Decide.
21. Brooks(P)Ltd., a Pharma company is a holder of process patent for the
manufacture of pharmaceutical preparation of nadifloxacin. Metro drugs Ltd.,
started manufacturing the same product and sold it in the market. Brook (P) Ltd.,
company filed a suit. Decide.
22. The plaintiff has registered the name ‘Aarsee’ as trademark for his business. The
defendant started using the name ‘Aachi’ for his industry. The Plaintiff sued for
injunction. Decide.
23. The plaintiff had registered the name “ALFA” as trademark for his business. After
some years the defendant started using the name “ALPHA” for his industry and an
application is also filed before the Trademark office at Chennai. So, the plaintiff
filed a case against the defendant to prevent him from using the term “ALPHA”.
Will the plaintiff succeed?
24. ‘A’ a sole trader, commenced to sell electrical appliances under the Trademark
Bajaj. Bajaj electricals Ltd., objected. ‘A’ contended that Bajaj was his family
name and so he was free to use the name for marketing his appliances. Decide.
25. Anu made an application for registration of trade mark, “FIXACOL”, before the
trade mark registry. Sanjay is the opponent who was the registered proprietor of
Trademark “FEVICOL” and he pleaded rejection on the ground of deceptive
similarity. Can Sanjay succeed? Decide.
26. The plaintiff was running a sweet house with the name of “Lakshmi sweet house”
in salem for the past 30 years, which was not registered. The defendant who was
running the sweet stall in the name of “Gokul sweet house” later, changed the name
as “Lakshmi Sweet House” in Salem. So, the plaintiff sues defendant. Decide.
27. The plaintiff was running a studio in the name of “MUKTIVAN COLOUR”. The
defendant who was running his studio in the name of Gokul studio later changed
his studio in the name of Gokul studio later changed the name as “MUKTI JIVAN
COLOR LAB STUDIO”. The plaintiff filed a suit for injunction – Decide.
28. Paragon Latex is a company doing business in the manufacture and sale of shoes
and slippers under the registered trade mark “PARAGON”. Paragon Steels (P)
Ltd., is another company. They started a business in manufacturing steel product
under the brand name “PARAGON”. Can it be an infringement.
29. Ram invented an invention which, in effect, is a traditional knowledge and he
claims patent right for his invention. Will he succeed?
30. ‘A’ invented a new product by admixturing some chemicals and applied for patent.
Decide.
31. Donald is a publisher of “Donal Publication” from India. On his visit to Australia,
he gets a book on “Animals Life” by an Australian author. He makes copies of the
book and floods the Indian market. Is it infringement?
32. The plaintiff is the author of an English novel “The Little Mouse” and published it
in London magazine. The defendant, without his consent, translated it into Tamil
and published in Tamilnadu. The plaintiff seeks temporary injunction. Will it be
granted? Decide.
33. FORD which is one of the foreign company registered their patented machine in
India in 1994. But it has not used them in India. In 2010 a company by name
Singaro started using the machine. FORD company seeks temporary injunction.
Can it succeed? Decide.
34. Janaki is a famous writer. She wrote a book and titled it as “Oru Naal”. Ranjith is a
famous film director reproducing Janaki’s book and script in a cinema titled “Orae
oru naal”. Janaki claims that the action of Ranjith would amount to Copyright
violation. State whether Janaki’s claim is valid?
35. Ram takes some xerox copies from a text book without the permission from the
publisher for his research. Does it amount to any infringement?
36. Kumar is the owner of eagle xerox, reproduces a chapter from a book published by
kannadasan publication and circulated to many people. Is it an infringement?
Decide.
37. A foreign applicant files his application for patent without sufficient description of
the invention so that the invention is not stolen in India. The Controller accepts his
contention and grants his patent. Decide it.
38. A tennis racquet manufacturing company designs a racquet but before it is
registered, a tennis magazine publishes an advertisement of similarly designed
racquet although under a different brand name. Who can claim copyright? Decide.
39. The plaintiff applied for patent for improvement in his apparatus for use with gas
fittings. He sued the defendant for infringement. The defendant alleged that the
patent was invalid on the ground of prior user. – Decide.
40. ‘A’ was a registered proprietor of two trade marks ‘Nirma’ and ‘NIMA’ for
detergent powder. The trademark ‘NIMA’ was not being used. B started using
trademark ‘NIMA’ for flour products. A sued for injunction against B restraining
him from using the trademark ‘NIMA’ – Decide.
41. Arjun produced a compilation of old well known Hindi songs under the title
‘Yadein’. Does it amount to infringement of copyright?
42. An employee working in a company contracted with another company to disclose
the secret process being used by his company for the manufacture of a drink. Does
the company have any remedy against its employee? Decide.
43. Ravi is an owner of a textile shop under the registered trade mark “Lotus Textiles”.
Sathya started a new textile shop near to Ravi’s shop in the name of “Thamarai
textiles”. Ravi wants to file a suit against Sathya. Advise Ravi.
44. A film producer produced a picture by a combination of parts of two other pictures
in a new way. He claims copyright protection for his film. Decide.
45. Savitha is a doctor. She invented a new medicine for Malaria from herbal plants.
The extract of the plant is traditionally used by the local people for treating
malaria. Now she wishes to claim patent for her new invention. Kindly advise her.
46. Bhuvana got a trademark registered. Can a prior user of the same trademark
maintain a passing off action against the registered owner?
47. Alwin is a scientist, he invented a machine which is useful for conducting surgery
in the hospital. He wishes to apply for grant of patents. Advise him.
48. Aruna invented a machine relating to prevention of road accident. She submitted
her application for the grant of patent. At the time of submission of application,
she did not file the specification along with her application. Advise Aruna.
49. Akash writes a book with ‘Z’ with obscene descriptions. Bharati makes duplicate
copies of ‘Z’ and sells them. Akash sues Barathi. Decide whether it is an
infringement.
50. Priya is an advocate and while she is presenting her case, she took some xerox
copies of CDJ law journal without the consent of the owner. Does it amount to
infringement? Decide.
51. ‘A’ registered his trademark and duration of registration was completed. ‘A’ forgot
to renew it. ‘B’ began to use that trade mark after the duration of registration. Is it
an infringement?
52. Anu who is living in America gets a patent on an invention in America in may
2018. Barathi an Indian applies on the same invention in India. Is Barathi entitled to
get patent in India? Decide.
53. Ashwin who is in America gets patent on his invention in America in may 2020.
Jeyanth an Indian applies on the same invention. Is Jeyanth entitled to get patent in
India?
54. Ashwin has invented a ball, which instead of falling towards the ground, rises up in
the air defying the principles of gravity. Is Ashwin entitled for a patent?
55. The plaintiff sued for injunction against the defendant on the ground that the
judgement of the supreme court published in their journal was copied by the
defendant. The defendant contended that the judgement was given only by the
supreme court. Decide.
56. The plaintiff used mathematical formula in a computer to procedure an improved
curve image. Then he applied for patent. Decide.
57. The plaintiff authored books is printed, published and sold by the defendant in a
distorted form. The plaintiff sues for injunction even after the transfer of copyright.
Decide.
58. An inventor makes an invention. Inventor assigns his rights in the invention to his
friend as his son is not in good terms with him. Inventor died due to illness and his
son as legal heir claims right to apply for patent. Inventor’s friend as assignee
claims right to apply for patent. Decide.
59. A scientist in space research discussed a scientific principle with his colleague and
the colleague applies the principle and invents a working device. The said scientist
suggested the manner of putting in place the arrangement of mechanical devices
and applies for patent as true and first inventor. Decide.
60. A cinematograph film producer engaged a composer of music for the purpose of
making his film. Both of them claim copyright in respect of composition of music.
Decide.
61. ‘A’ discovered a new gas that already exists in the air and applied for patent for his
new product. Discuss its validity.
62. X’ is using the mark ‘OCUFLOX’ for a drug used in treatment of eyes containing
a compound Ofloxacin. ‘Y’ files a sent for passing off against ‘X’ claiming that he
is the prior user of mark OCUFLOX for the drug used for the treatment of eye and
ear having compound Ciprofloxacin HCL. He further contends that OCUFLOX is
deceptively similar to its trademark OCUFLOX. ‘X’ replied that both the drugs are
Schedule L drugs which can be sold only in hospitals and hence cannot cause
confusion & deception. Decide referring to judicial decisions. What are the factors
to be considered in deciding the question of deceptive similarity in passing off
action.
63. ‘X’ prepares the question of Mathematics for B.Sc. (Mathematics) for Delhi
University ‘Y’ published the question papers of premium years including paper of
‘X’ in a booklet. The University files a suit of copyright infringement against ‘Y’.
‘Y’ contends that the University is not the first owner of copyright in question
papers. Decide referring to the legal provisions under the Copyright Act, 1957 and
judicial precedents.
64. Joseph conceived an idea of reality TV Programme comedy nights in which some of
the best comedians of India and abroad will take up social issues in a funny manner.
The programme will have a lot of fun and also give messages to the society. He
prepared a detailed concept note and shared it with Suleman Bhai, a well-known
producer of TV programmes, in strict confidence for the purpose of making a TV
show. Sulmean did not make any commitment to produce the show. After
sometimes, Joseph found that a TV show titled “Weekends with Best Comedians”
prepared by Suleman was being aired by a channel and it was based on his concept
note. He filed a suit against Suleman on the ground that he has violated his
copyright in the concept note and also breached the confidence. He also applied for
injunction against the TV channel for preventing them from airing the show.
Decide, referring to judicial pronouncements.
65. Company A is selling a medicine for alleviating swelling of vermiform appendix
under the mark “Vermitab“. Company B is selling a medicine for the same ailment
(but with a different manufacturing salt) under the trademark “vermigo“. Both
the drugs are schedule-H drugs, that means they are available for sale over
the counter on doctor’s prescription. Claiming to have hit the market prior to
Company B, Company A seeks an injunction to restrain Company B on the ground
that the presence of both the marks simultaneously in the same market could lead
to confusion. You are required to decide the case giving reasons for the same.
66. Mohan is a famous playwright and a theatre director. In 2008 he wrote and
directed a play titled “Fear of the Unknown”. The play portrays the story of a
teenaged girl who has everything that life could offer but still was suffering
from depression and who finally commits suicide. The play received appreciation
from the press and critics. Bhishma is a struggling film producer and director from
Bollywood. He saw the play when it was staged at National School of Drama
on February 2008 and was inspired to make a film on the same theme, In January
2010 his new film “The Unknowable” is released which contains similar
story of a middle-aged man who is very successful in his profession and has a
stable family life but still is suffering from depression. In contrast to the play, in
the film the protagonist is ultimately able to come out of depression with the help
of meditation and starts living a meaningful life again. Mohan, on seeing
the film, sues Bhishma for copyright infringement. You are required to decide the
case.
67. ‘X’ financed for recording of two Bengali songs. The music and lyrics of the songs
were prepared by ‘A’ and ‘B’ respectively. The songs were sung by ‘C’. ‘X’ gave
commission to ‘A’, ‘B’ & ‘C’ for their work and also paid hire charges for the
studio. Who is the first owner of copyright in lyrics, musical work and sound
recordings, with respect to the Bengali songs.
68. ‘X’ invented vapour form of the drug ‘GLICINE’. The drug is available in the
market in tablet form as a generic drug, used for treatment of Diabetes. The vapour
form ‘GLICINE’ could be taken with the help of inhaler and was easy to use. It
had the same effect as that of tablet ‘GLICINE’. ‘X’ applied for a patent for
“Vapour form Glicine”. ‘Y’ opposed the application on the grounds that it is a non
patentable invention. Decide.
69. ‘A’ has been using ‘BETADINE’ as a trade mark for medicinal and pharmaceutical
products since 1960. ‘B’ started using ‘BETADINE’ as a trade mark for the similar
products from 2005. ‘A’ after knowing about ‘B’s use filed a suit for restraining ‘B’
from using the mark ‘BETADINE* on the ground that the mark is deceptively
similar to his mark ‘BETADINE’. Argue the case for ‘A’ and refer to decided cases.
What are the factors to be considered in deciding the question of deceptive
similarity of trade mark.
70. ‘X’ has registered the trademark ALEN DOLEN’ for readymade garments, shoes,
sport goods, furniture and other products in many countries. He has been selling the
goods through a chain of retail stores since 1960 and has attained international
reputation. ‘X’ has registered the mark ‘ALEN DOLEN’ in India for the above
goods except for furniture (but registered for similar products viz office equipment)
in 1995 and being renewed thereafter. ‘Y’ started selling furniture with the trade
mark ‘ALEN DOLEN’ from May 2000 in India. ‘X’ gave notice to :Y’ in 2003 to
stop using the mark. ‘Y’, however continued to use the mark impugned in the
question. ‘X’ filed the suit for passing off and infringement against ‘Y’. ‘Y’
contended that ‘X’ is not selling furniture in India. Secondly, ‘X’ is in the retail
business and there can be no question of having international reputation with respect
to products. Decide referring to judicial decisions.