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Assignment Questions: (Answer in Approx. 500 Words Each)

The document outlines an assignment with various questions on intellectual property law, divided into descriptive and application-based sections. Topics include the evolution of trademark law in India, the idea-expression dichotomy in copyright, and the role of geographical indications in rural development. Additionally, it covers case analysis, infringement remedies, and digital copyright challenges, culminating in a comparative study of statutory exceptions in copyright law.

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7 views2 pages

Assignment Questions: (Answer in Approx. 500 Words Each)

The document outlines an assignment with various questions on intellectual property law, divided into descriptive and application-based sections. Topics include the evolution of trademark law in India, the idea-expression dichotomy in copyright, and the role of geographical indications in rural development. Additionally, it covers case analysis, infringement remedies, and digital copyright challenges, culminating in a comparative study of statutory exceptions in copyright law.

Uploaded by

swethaneeli.30
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Assignment Questions

Section A: Descriptive (10 Marks each – Any Two)

(Answer in approx. 500 words each)

1. Evolution and Development of Trademark Law in India


trace the legal journey from the Trade Marks Act, 1940 to the Trade Marks Act, 1999.
Discuss the significance of TRIPS compliance and the introduction of service and
well-known marks.
2. Copyright and the Idea–Expression Dichotomy
critically examine the principle of "idea versus expression" with reference to Indian
and international jurisprudence. How does this dichotomy shape the scope of
copyright protection?
3. Geographical Indication and Rural Development
Using Darjeeling Tea as a case study, analyze the role of GI registration in promoting
local economies and protecting traditional knowledge.

Section B: Application Based (5 Marks each – Any Two)

(Answer in approx. 500 words each)

4. Case Analysis: Yahoo! Inc. v. Akash Arora (1999)


Explain how this case clarified the intersection of domain names and trademark
protection in India.
5. Infringement & Remedies
Distinguish between infringement and passing off in trademark law. Outline the
remedies available to an aggrieved party.
6. Digital Copyright Challenges
Identify at least two key legal challenges posed by digital platforms (e.g., YouTube,
torrents) to copyright law and suggest possible solutions.

Section C: Research Problem (10 Marks – Compulsory)

(Answer in approx. 1000 words)

7. Comparative Study of Statutory Exceptions


Compare and contrast Section 52 of the Copyright Act, 1957 (Fair Dealing) with the
doctrine of fair use under U.S. law. Evaluate the effectiveness of Indian provisions in
promoting access to knowledge and balancing author’s rights.

📚 Suggested Readings:

 Trade Marks Act, 1999


 Copyright Act, 1957 (with 2012 Amendment)
 The Geographical Indications of Goods (Registration and Protection) Act, 1999
 Relevant case laws: Cadila Healthcare v. Cadila Pharmaceuticals, RG Anand v.
Delux Films, Amarnath Sehgal v. Union of India

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