Intellectual Property Law · Semester 4

Intellectual Property Law · December 2020

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Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Official previous-year question paper (PDF scan), OU LL.B. Year 2 Semester 2 (IV Semester). Download the file; question-to-topic mapping can be added later from this paper.

Osmania University · Faculty of Law

Intellectual Property Law · December 2020

December 2020 · Intellectual Property Law · Semester 4

FACULTY OF LAW
LL.B. (3 YDC) / LL.B. (Hon.) (3 YDC) II - Year IV - Semester Examination, December 2020
Subject: LAW
PAPER - V: Intellectual Property Law
Code: 5127 | Time: 2 Hours | Max. Marks: 80
PART - A (4 x 10 = 40 Marks) — Answer any FOUR of the following:
1. Geographical Indication.
2. Layout Design.
3. Fair Use.
4. Broadcast Reproduction Right.
5. Prior User under Trademark Law.
6. Specification.
7. WIPO.
8. New Plant Variety Right.
PART - B (1 x 20 = 20 Marks) — Answer any ONE of the following:
9. What is originality in a work? Explain the statement that copyright is a bundle of rights.
10. Define Design. Write an essay on the piracy of design and the remedies thereof.
11. What are not inventions under S. 3 of the Patents Act? Briefly explain the Novartis case in this
regard.
12. Define Trademark. What are the conditions for refusal to register a trademark under the
Trademarks Act, 1999?
PART - C (1 x 20 = 20 Marks) — Answer any ONE of the following:
13. Mr. 'A' wants to start the business of marketing tea powder under the trademark 'BEST'. He
wants to register the trademark 'BEST' for his tea business. Will he be successful?
14. "LOVELY" hypermarket in Hyderabad city kept a big TV screen in the parking area and allowed
their customers and the passers by the road to watch the final match of the IPL Cricket series. TV99
broadcaster, having purchased the telecast rights from the IPL organizers, wants to proceed against
the Hypermarket for infringement of its IP right. Will TV99 broadcaster be successful in its attempt
under the relevant IP law?
15. Mr. Prakash Raj created a new software which enables the air -conditioning system to
automatically adjust room temperatures based on the fluctuations in external temperatures.
Because of this, users need not frequently use the remote and change the temperatures based on
external conditions. Mr. Prakash Raj wants to obtain some IP protection for the software. Advise
him.

16. Mr. 'X' has been in the business of stationery items and designed a paperweight in the shape of
the Charminar and registered the design. Mr. 'Y', a bag manufacturer, started manufacturing and
selling similar Charminar-shaped design school bags. Mr. 'X' wants to sue 'Y' for infringement of his
design. Will he be successful?

Part A · 6 marks

  1. Geographical Indication.
    10× in bank Topics: Geographical Indications of Goods Act, 1999
    Year and frequency →
  2. Layout Design.
    Topics: Civil remedies and overlap among copyright, design and trade mark
    Year and frequency →
  3. Fair Use.
    Year and frequency →
  4. Broadcast Reproduction Right.
    2× in bank
    Year and frequency →
  5. Prior User under Trademark Law.
    Year and frequency →
  6. Specification.
    2× in bank
    Year and frequency →
  7. WIPO.
    4× in bank
    Year and frequency →
  8. New Plant Variety Right.
    Year and frequency →

Part B · 15 marks

  1. What is originality in a work? Explain the statement that copyright is a bundle of rights.
    Topics: Subsistence, originality and the idea–expression dichotomy; Rights, compulsory licences and infringement; Owners, neighbouring rights, infringement and fair dealing
    Year and frequency →
  2. Define Design. Write an essay on the piracy of design and the remedies thereof.
    Topics: Civil remedies and overlap among copyright, design and trade mark
    Year and frequency →
  3. What are not inventions under S. 3 of the Patents Act? Briefly explain the Novartis case in this regard.
    Year and frequency →
  4. Define Trademark. What are the conditions for refusal to register a trademark under the Trademarks Act, 1999?
    Topics: Geographical Indications of Goods Act, 1999
    Year and frequency →

Part C · 10 marks

  1. Mr. 'A' wants to start the business of marketing tea powder under the trademark 'BEST'. He wants to register the trademark 'BEST' for his tea business. Will he be successful?
    Year and frequency →
  2. "LOVELY" hypermarket in Hyderabad city kept a big TV screen in the parking area and allowed their customers and the passers by the road to watch the final match of the IPL Cricket series. TV99 broadcaster, having purchased the telecast rights from the IPL organizers, wants to proceed against the Hypermarket for infringement of its IP right. Will TV99 broadcaster be successful in its attempt under the relevant IP law?
    Topics: Registration, well-known marks, infringement and passing off; Rights, compulsory licences and infringement; Owners, neighbouring rights, infringement and fair dealing
    Year and frequency →
  3. Mr. Prakash Raj created a new software which enables the air -conditioning system to automatically adjust room temperatures based on the fluctuations in external temperatures. Because of this, users need not frequently use the remote and change the temperatures based on external conditions. Mr. Prakash Raj wants to obtain some IP protection for the software. Advise him.
    Year and frequency →
  4. Mr. 'X' has been in the business of stationery items and designed a paperweight in the shape of the Charminar and registered the design. Mr. 'Y', a bag manufacturer, started manufacturing and selling similar Charminar-shaped design school bags. Mr. 'X' wants to sue 'Y' for infringement of his design. Will he be successful?
    Topics: Registration, well-known marks, infringement and passing off; Rights, compulsory licences and infringement; Owners, neighbouring rights, infringement and fair dealing
    Year and frequency →