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Ipr Problems

The document presents a series of legal scenarios related to intellectual property rights, including trademark, copyright, and patent issues. Each scenario involves different parties and their claims or disputes regarding the use of trademarks, copyrights in creative works, and patents for inventions. The document seeks to provide guidance on the legal outcomes and remedies available in these situations.
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0% found this document useful (0 votes)
4 views6 pages

Ipr Problems

The document presents a series of legal scenarios related to intellectual property rights, including trademark, copyright, and patent issues. Each scenario involves different parties and their claims or disputes regarding the use of trademarks, copyrights in creative works, and patents for inventions. The document seeks to provide guidance on the legal outcomes and remedies available in these situations.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

"Maran" started a TV channel named as "Venus TV" with a logo of


"Star" in India and obtained a Trademark in 2014. He failed to renew
his Trademark in 2024. "Tharun" a citizen of Canada started a TV
channel named as "Venus TV" in 2024 and applied for Trade mark in
2025. Decide the grant of Trademark to "Venus TV" of Canada
2. "Diamond Pearl" is a famous poet in India. He was asked to write songs
for a film titled "Dark Red Sky", directed By "Bead Ratnam" and also
produced by "Bead Ratnam" and "Baskaran". The songs went on to
become a big hit. "Diamond pearl" claimed the copy-right in the songs.
Decide?
3. "Mercedes Benz" is the trademark used by a German car
manufacturing company. A Garment manufacturing company in India
used the same Trademark for undergarments. Can the German car
manufacturing company sue the Indian undergarments manufacturer.
4. "Raja" a film Director wants to make a movie based on a published
novel. Advise him the steps to be taken by him to make the movie
without infringement of copyright.
5. Shoe manufacturing company wants to use the trademark TATA for his
product. He has no connection with TATA Company. Discuss
6. "Nasovid" a pharmaceutical company obtained a Patent for the
medicine. Later the Patentee made further improvements in the
patented medicine. Can he protect such improvements?
7. Anand, a registered proprietor of design, alleges that Balu by
unauthorisedly applying his said design, and he has gained profit
substantially. Discuss the remedies available to Anand under the
Designs Act, 2000
8. An artist is performing in a cinematographic film. Can she claim
copyright over her performance?
9. Anu has a footwear business with registered trademark "Saloni". Raju
another trader started a business in footwear with the trademark
"Shaloni". Anu wants to challenge Raju on the grounds of deceptive
similarity. Decide.
10. Srikanth Tiwari is a Research Scientist. He invented a new
medicine from herbal plants named an "Senkanthal" to cure cancer. He
is willing to get patent for his invention and advise him.
11. A Multinational Company incorporated in U.S.A. has been
manufacturing and selling cough syrup under Dr. Shetty
Pharmaceuticals, an Indian company, manufactured and started
registered trademark "Cofsils" in India. selling cough syrup in India as
"Kofsils". The Multinational Company filed a suit against Dr. Shetty
Pharmaceuticals. Decide whether it can succeed.
12. Raman copied original questions papers of U.P.S.C. (Union Public
Service Examination) and the same was bound in a booklet form for
sale. Decide whether Raman has committed any wrong?
13. Ram made an application for registration of trademark Medimax
before the trade mark registry. Anand is the opponent who was the
registered proprietor of trademark "Medimaxx" and he pleaded
rejection on the ground of deceptive similarity. Can Ram succeed?
Decide?
14. Nila a law student, has downloaded an article written by famous
Supreme Court Judge and extracted certain portion of that work for
making fair comment. Decide whether Nila has committed any
Copyright-Infringement.
15. Rajan, a registered proprietor of design alleges that Rajesh by
unauthorisedly applying his said design has gained substantially.
Discuss the remedies to Rajan under the Designs Act, 2000.
16. Ramesh is a Ayush Doctor. He has invented a new Drug from a
Herbal plant to cure Covid-19. He is willing to get a patent for his
invention. Advise him.
17. Three years after the publication of a foreign work, licence is
sought for translation of the work for teaching purposes from the
copyright board. Will the licence be granted for the same in India?
18. As against an existing trade mark of a particular cloth variety, a
closely resembling mark was used by another manufacturer for his
article. The existing trade mark owner sued the other manufacturer.
Decide the remedies available to the original owner.
19. 8. Ambresh, a registered proprietor of pressure cooker design
alleges that, 'Rizwan' by unauthorisedly applying his said pressure
cooker design, has gained substantially. Discuss the remedies to
Ambresh under the Designs Act, 2000.
20. Muthu started a textile business under a trade name "Rock".
Ramu who is a friend of Muthu started his textile business under the
name "Ruk". Muthu wants to file a case against his friend Ramu. Will he
succeed? Advise to Muthu.
21. Rajesh is a Bio-Technologist. He invented a new plant medicine
which is useful to cure Covid-19. He applied for a grant of patent for his
invention. This application was rejected by the controller of patent.
Decide.
22. Sudha got a trade mark registered in her name. Radha used the
same trade mark in the same course of business prior to her. Can she
file a passing-off action against the registered trade mark owner
Sudha.
23. Maniram is a Siddha Doctor. He invented a medicine from a
herbal plant to cure diabetes. He is willing to get patent for his
invention and advise him.
24. Whirlpool home appliances (P) Ltd. company obtained patent for
its invention. The company failed to pay the renewal fees. The patent
offive ceased the company's patent. Can it be restored?
25. The plaintiff has registered the name 'Aarsee' as trade mark for
his business. The defendant started using the name 'Aachi for his
industry. The plaintiff sued for injunction. Decide.
26. Ram invented an invention which, in effect, is a traditional
knowledge and he claims patent right for his invention. Will he
succeed?
27. 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?
28. Mr. Gopal, 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. Gopal. But, Mr.
Gopal objected by claiming that Harish is not entitled to do so. Decide.
29. 'A' the plaintiff company had been manufacturing medicine
under the trademark of "Nibarah". After a lone time 'B' the defendant
began to manufacture disinfectant under the same trademark of
"Nibarah". The plaintiff Company raised objection. Decide.
30. 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.
31. 7. Priya is a scientist who invented a machine along with her co-
scientist. Selvi and obtained a grant of patent. Later it was infringed by
'X' company. Priya wants to file a case Advice priya the one who is
entitled to sue?
32. Barath is a Siddha doctor. He discovers the new use of a herbal
medicine from Aleovera. He wants to apply for grant of patents. Can he
get patent for his product? Explain.
33. Paragon latex is a company doing business in the manufacture
and sale of footwear under the registered trade mark "PARAGON".
Paragon Steels (P) Ltd. is an another company, they started a business
in manufacturing steel product, under the brand name "PARAGON". Is
this an infringement?
34. A student submits a thesis for his Ph.D. Degree. His guide copies
a portion of it and uses it in his new book. Can the student claim
copyright? If so what is the remedy available to him?
35. Dinesh is a leading advocate, practising at Madras High Court.
He took Xerox copies from a reputed law journal with out the
permission of the Author of the journal and produced it before the
court. Does it amount to infringement? Decide.
36. Hindustan (P) Ltd. is a proprietor of a trade mark "GLUCON-D"
manufacturing Health drink. Dabour India Ltd. is another company
manufacturing the health drinks under the trade name "GLUCOSE-D".
Hindustan (P) Ltd filed a case for infringement. Can it succeed? Decide.
37. Anu, who is from 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.
38. Aswin has invented a Ball, which instead of falling towar⁷ds the
ground, rises up in the air defying the principles of gravity. Is Ashwin
entitled for a patent?
39. Akash writes a book 'Z' with obscene descriptions. Barathi
makes duplicate copies of % and sells them. Akash sues Barathi.
Decide whether it is an infringement?
40. Karthi is an actor in a film who wants his style and performance
of acting to be copyrighted under the Copyright Act, 1957. Advise him.
41. Priya is an advocate practising at Mumbai. She appeared before
Madras High Court. At the time. of presenting her case, she took some
Xerox copies from CDJ Law Journal without the permission of the owner.
Does it amount to infringement? Decide.
42. A registered his trade mark under the Trade Mark Act, 1999. The
duration of registration was completed. 'A' forgot to renew it. After the
duration was completed 'B' began to use the trade mark. Is it
infringement?
43. FORD which is one of the Foreign Company. registered their
patented machine in India in 1994. But it has not used them in Indis. In
2010 a company by name Singaro started using the machine FORD
company seeks temporary injunction. Can it succeed? Decide
44. Ashwin is a Scientist. He invented a wound healing medicine
from Herbal Plant. He wants to obtain the grant of patent for his
product. Advise him.
45. 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 Trade Mark "FEVICOL" and he pleaded
rejection on the ground of deceptive similarity, Can Sanjay succeed?
Decide.
46. Hindustan Leaver Ltd., is a manufacturer of Cosmetic Products
Produces its property under the registered trade mark EYE-TEX". Lakmi
India Ltd., is another company which produces its products under the
name "MY-TEX". Hindustan Leaver Ltd., wants to file a case stating that
it is "Phonetical Similarity Will it succeed. Decide.
47. Paragon Latex is a company doing business in the manufacture
and sale of shoes and slippers under the registered trade mark
"PARAGON", Paragon Stools (P) Ltd., is another company. They started
a business in manufacturing steel product under the brand name
"PARAGON". Can it be an infringement? Decide.
48. 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.
49. A a registered proprietor of a Design alleges that B by
unauthorisedly applying his said design gained substantially. Discuss
the remedies to A under the Designs Act 2000
50. Ashmitha has been manufacturing goods under the registered
trademark "LAKME Babitha another manufacturer begins to
manufacture similar goods under the name "LUCEMY Advice Ashmitha
51. A a registered trademark owner gives licence to to use
trademark. I transfers it to valid? Will it constitute valid transfer?
Decide
52. Donald is a publisher of "Donal Publication" from India. On his
visit to Australis gets a book an "Animale life" by an Australian author.
He makes copies of the book and floods the Indian Market Is it
infringement
53. Ashwin is the owner of a Cinema Theatre. Jeyam hires the theatre
and is exhibiting movie to the public. Dhinesh who is the producer of
the movie, came to know that the film is a pirated copy of the original,
He fünd a case against Ashwin and Jayam. Decide whether Ashwin
owner of the theatre, has committed any infringement.
54. A new variety of chilli "Capcicum 2017 is grown by a farmer Bala.
He applied for a patent to protect his new variety. Will be succeed in
acquiring a patent for his new variety?

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