TRADE MARKS

5. Prior User under Trademark Law.

In trademark law, the concept of "prior user" refers to the rights and protections granted to
a party based on their earlier use of a trademark, even if they have not registered it. This
principle is particularly relevant in jurisdictions that recognize common law rights in
addition to statutory rights.

### **Legal Implications of Prior Use**

**1. **Priority of Rights**:

- **In Registration**: In jurisdictions with a "first to use" principle, such as India, the
rights of a prior user can take precedence over those of a subsequent registrant. This
means that even if another party registers a similar mark later, the prior user can contest
the registration and assert their rights based on earlier use.
- **In Infringement Cases**: A prior user can claim protection against infringement if they
can prove that their mark is similar to a later mark and that it has caused or is likely to
cause confusion among consumers.

**2. **Defending Against Infringement**: A prior user can use their earlier use of the mark
as a defense in infringement cases, arguing that they were using the mark before the
alleged infringer and that their use predates the infringer’s use or registration.

### **Procedure for Asserting Prior Use**

1. **Documentation**: Gather and present evidence of the mark’s use before the
opponent’s use or registration. This includes sales records, advertising, and other relevant
documents.

2. **Legal Action**: If necessary, file a legal action to protect prior use rights, such as
opposing a trademark registration or claiming infringement.

3. **Defensive Strategies**: Use the evidence of prior use as a defence in trademark

disputes, demonstrating that your mark has been in use for a longer period than the
opposing party’s mark.

5. Distinctiveness of Trademark(2010,2011)

8. Unregistered Trademark. (2015a)

An unregistered trademark refers to a mark that is used by a business to identify its goods or services but
has not been formally registered with the relevant trademark office. Despite not being registered,
unregistered trademarks can still offer some level of protection under common law through the concept of
passing off.

Key Points about Unregistered Trademarks:

1. Common Law Rights: Protection is based on the use of the mark in commerce. The owner must
prove that the mark has acquired distinctiveness and goodwill in the market.
2. Passing Off: This legal doctrine protects the goodwill of a business from misrepresentation. To
succeed in a passing off action, the owner must prove:
o Goodwill: The mark has a reputation and is associated with the owner’s goods/services.
 o Misrepresentation: The defendant’s use of the mark is likely to deceive consumers into
believing there is a connection with the owner’s goods/services.
o Damage: The owner has suffered or is likely to suffer damage due to the misrepresentation.

Case Reference:

In the case of Reckitt & Colman Ltd v. Borden Inc (1990), commonly known as the “Jif Lemon” case, the
House of Lords established the three elements required to prove passing off: goodwill, misrepresentation,
and damage.

Advantages and Disadvantages:

 Advantages:
o Immediate protection upon use.
o No registration fees.

 Disadvantages:
o Limited geographical scope of protection.
o More challenging to enforce compared to registered trademarks.
o Burden of proof lies with the owner to establish rights.

6. Well known Trademark. (2016,2018)

A well-known trademark is a mark that has achieved significant recognition and reputation among the
general public. These trademarks are easily recognizable and are often associated with a high level of quality
and trust. Examples include brands like Coca-Cola, Apple, and Nike.

In terms of legal protection, well-known trademarks are afforded special protections under various
international agreements, such as the Paris Convention and the TRIPS Agreement. These protections help
prevent unauthorized use of the mark, even if it is not registered in a particular country12.

Key Characteristics of Well-Known Trademarks:

1. High Degree of Recognition: The mark is widely recognized by the public.

2. Reputation: The mark has a strong reputation and is associated with quality and reliability.
3. Geographical Reach: The mark is known not just locally but often internationally.
4. Duration of Use: The mark has been in use for a significant period.

Protection of Well-Known Trademarks:

Well-known trademarks receive special protection under trademark laws. This protection can extend to
dissimilar goods or services to prevent dilution of the brand’s reputation.

Legal Framework:

 Paris Convention for the Protection of Industrial Property: Provides a basis for the protection of
well-known trademarks internationally.
 Trade Marks Act 1994 (UK): Section 56 provides protection for well-known marks, even if they
are not registered in the UK1.
Case Reference:

In the case of General Motors Corp v. Yplon SA (C-375/97), the European Court of Justice provided
guidance on the criteria for determining whether a trademark is well-known, emphasizing the need for a high
degree of recognition among the relevant public.

Well-known trademarks are crucial for businesses as they represent significant brand value and goodwill

7. Passing Off.(2019,2014,2017,2013,2015a
In India, passing off is a common law tort used to protect the goodwill and reputation of a
business from being unfairly exploited by others. It is a significant aspect of intellectual
property law and helps prevent businesses from misleading consumers by misrepresenting
their goods or services as those of another.
### Key Elements of Passing Off in India
1. **Goodwill or Reputation**: The plaintiff must demonstrate that they have established
goodwill or a reputation in their trade, goods, or services.
2. **Misrepresentation**: The defendant must have made a misrepresentation that is likely to
deceive or cause confusion among the public.
3. **Damage**: The plaintiff must show that the misrepresentation has caused, or is likely to
cause, damage to their business or goodwill.
### Important Case Law in India
1. **Cadbury India Ltd v. Neeraj Food Products [2007]**:
- **Facts**: Cadbury India, a well-known confectionery brand, sued Neeraj Food Products for
selling sweets in packaging that resembled Cadbury’s packaging.
- **Decision**: The Delhi High Court ruled in favor of Cadbury, stating that Neeraj Food
Products' packaging was likely to mislead consumers into believing the products were
associated with Cadbury.
- **Principle**: The court highlighted that the visual similarity and the likelihood of confusion
between products are key factors in a passing off claim.
### Legal Framework and Remedies
In India, passing off is governed primarily by common law principles. However, it also interacts
with statutory provisions, such as those found in the Trade Marks Act, 1999, which
complements the common law protection by providing a more structured framework for
trademark disputes.
**Remedies for Passing Off**:
- **Injunction**: Courts can issue an injunction to prevent further use of the misleading mark
or trade name.
- **Damages**: Plaintiffs can seek compensation for any financial loss or damage to their
business reputation.
- **Account of Profits**: Plaintiffs may also seek an account of profits earned by the defendant
through the passing off activity.
Passing off is a flexible doctrine aimed at preventing unfair commercial practices and
protecting the interests of businesses and consumers alike by ensuring that trade names,
marks, and reputations are not unfairly exploited.

10. What is a Trademark? Explain the functions and classification of trademarks. 2015b
[Link].

A trademark is a distinctive sign, symbol, word, or combination thereof used by businesses

to identify and distinguish their products or services from those of others. It serves as a form
of intellectual property that protects the brand identity and reputation of a business 1.
Functions of Trademarks

1. Identification: Trademarks help consumers identify the source of a product or service,

ensuring they can distinguish it from others in the market.
2. Quality Assurance: They signify a certain level of quality, as consumers associate the
trademark with their experiences and expectations.
3. Advertising: Trademarks are crucial in advertising and marketing, helping to build
brand recognition and loyalty.
4. Legal Protection: They provide legal protection against unauthorized use, ensuring
that only the trademark owner can use the mark in commerce.

Classification of Trademarks

Trademarks are classified into different categories based on the type of goods or services they
represent. The Nice Classification system, used internationally, divides trademarks into 45
classes:

 Classes 1-34: Cover goods, such as chemicals, machinery, and clothing.

 Classes 35-45: Cover services, such as advertising, business management, and legal
services2.

Examples of Trademark Classes

 Class 25: Clothing, footwear, headgear.

 Class 35: Advertising; business management; business administration; office functions.
 Class 41: Education; providing of training; entertainment; sporting and cultural
activities.

Legal References

 Trademark Act of 1999 (India): Provides the framework for trademark registration
and protection in India.
 Lanham Act (U.S.): Governs trademarks, service marks, and unfair competition in the
United States.

[Link] of Trademark. (2017

12. What amounts to infringement of Trademarks? How does it differ from Passing-off.(2021
12. Distinguish the Infringement of Trademarks from passing off with reference to decided
cases.(2013b,2012,2011,2019)

Trademark infringement and passing off are two distinct legal concepts in the realm of
intellectual property law, though they both aim to protect businesses from unfair practices.
Here's a detailed comparison of the two, with relevant case law references from India:

### 1. **Trademark Infringement**

**Definition**: Trademark infringement occurs when a person or entity uses a trademark that
is identical or confusingly similar to a registered trademark, without authorization, in a
manner that is likely to cause confusion among consumers.

**Legal Framework**: Governed by the Trade Marks Act, 1999 in India. The key requirements
include:
- **Registered Trademark**: The plaintiff must own a validly registered trademark.
- **Unauthorized Use**: The defendant must use a mark that is identical or deceptively
similar.
- **Likelihood of Confusion**: The use must be likely to cause confusion or deceive the public.

**Key Case Law**:

1. **Cadbury India Ltd v. Neeraj Food Products [2007]**:

- **Facts**: Cadbury India, a leading confectionery brand, sued Neeraj Food Products for
using packaging similar to Cadbury's, which was likely to confuse consumers.
- **Decision**: The Delhi High Court found that Neeraj’s packaging was likely to cause
confusion and infringe upon Cadbury’s registered trademark.
- **Principle**: This case underscores that the protection of a registered trademark extends
to preventing any use that causes confusion or deception, reflecting the statutory rights
granted by trademark registration.

2. **Titan Industries Ltd v. Ramkumar Jewellers [2010]**:

- **Facts**: Titan Industries, known for its "Titan" trademark, challenged Ramkumar
Jewellers for using a similar mark, which could mislead customers.
- **Decision**: The court upheld Titan’s claim of trademark infringement, ruling that
Ramkumar’s use was likely to cause confusion among consumers.
- **Principle**: This case highlights the legal protection provided to registered trademarks
against unauthorized use that is likely to confuse or deceive.

### 2. **Passing Off**

**Definition**: Passing off is a common law action that prevents a business from
misrepresenting its goods or services as those of another, thereby misleading consumers and
harming the latter’s goodwill.

**Legal Framework**: Based on common law principles. The key elements include:
- **Goodwill or Reputation**: The plaintiff must prove they have established goodwill or
reputation in the mark or trade name.
- **Misrepresentation**: There must be a misrepresentation by the defendant that is likely to
cause confusion.
- **Damage**: The plaintiff must demonstrate that the misrepresentation has caused or is
likely to cause harm to their business.

**Key Case Law**:

1. **Laxmidas v. Ramu (1939)**:

- **Facts**: Laxmidas, known for a specific mark on sweets, found that another vendor used
a similar mark, leading to consumer confusion.
- **Decision**: The court ruled in favor of Laxmidas, determining that the use of a similar
mark by the defendant constituted passing off.
- **Principle**: This case illustrates the protection of trade names and marks under the
common law principle of passing off, emphasizing the importance of goodwill and consumer
protection.

2. **Reckitt & Colman Products Ltd v. Borden Inc [1990]**:

- **Facts**: Reckitt & Colman’s "Jif" lemon cleaner was challenged by Borden Inc., which
used the name "Jif" for a similar product.
- **Decision**: The House of Lords ruled in favor of Reckitt & Colman, finding that Borden’s
use was likely to cause confusion and constituted passing off.
- **Principle**: This case highlights that passing off protects against misleading practices
that harm a business’s reputation, even without a registered trademark.

### **Distinguishing Infringement from Passing Off**

1. **Basis of Claim**:
- **Infringement**: Based on statutory rights from the registration of a trademark (Trade
Marks Act, 1999).
- **Passing Off**: Based on common law principles protecting business goodwill and
preventing misrepresentation.

2. **Proof Required**:
- **Infringement**: Requires proof of a registered trademark and unauthorized use that is
identical or similar.
- **Passing Off**: Requires proof of goodwill, misrepresentation by the defendant, and
resultant damage.

3. **Scope of Protection**:
- **Infringement**: Specifically protects registered trademarks and their distinctive
elements from unauthorized use.
- **Passing Off**: Protects against misleading practices and misrepresentations that harm a
business's reputation, regardless of whether the mark is registered.

4. **Legal Remedies**:
- **Infringement**: Remedies typically include injunctions to stop further use, damages, and
sometimes account of profits.
- **Passing Off**: Remedies also include injunctions, damages, and sometimes an account of
profits, but the focus is on preventing misrepresentation and protecting goodwill.

Both doctrines play crucial roles in protecting business interests and maintaining fair
competition, but they operate in different legal contexts and have different requirements and
scopes of protection.

11. Explain the procedure to register a trademark. What are the absolute and relative grounds
for refusal to register a trademark ? (2011)
12. Define Trademark. What are the conditions for refusal to register a trademark under the
Trademarks Act, 1999.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from
those of other enterprises. It serves as a unique identifier that helps consumers recognize and
differentiate products or services in the marketplace. Trademarks can take various forms,
including words, logos, symbols, designs, colors, sounds, or a combination of these elements.

### **Key Elements of a Trademark**

1. **Distinctiveness**: A trademark must be distinctive, meaning it should be able to identify

and distinguish the goods or services of one business from those of others. The more unique
and distinctive the mark, the stronger its protection.

2. **Identification**: It should serve to identify the source of goods or services, linking them to
the business or brand that offers them.

3. **Use in Commerce**: The mark must be used in commerce to be eligible for registration.
This means it must be used in the sale or advertising of goods or services.

4. **Legal Protection**: A registered trademark provides legal protection, giving the owner
exclusive rights to use the mark and to prevent others from using a mark that is identical or
confusingly similar.

### **Types of Trademarks**

1. **Word Marks**: These consist of words, letters, or numerals. Example: "Google."

2. **Design Marks**: These consist of logos or symbols. Example: The swoosh logo of Nike.

3. **Combination Marks**: These combine both words and designs. Example: The combination
of "Coca-Cola" with its distinctive script logo.

4. **Sound Marks**: These are distinctive sounds associated with a brand. Example: The NBC
chimes.

5. **Color Marks**: These protect specific colors used in a distinctive manner. Example: The
purple color associated with the packaging of Cadbury chocolates.

6. **Smell Marks**: These involve distinctive smells associated with products, though they are
rare and difficult to register.

7. **Shape Marks**: These protect the shape or configuration of a product or its packaging.
Example: The shape of a Coca-Cola bottle.

### **Purpose and Benefits of Trademarks**

- **Consumer Protection**: Trademarks help consumers identify the origin of goods and
services and ensure they receive what they expect in terms of quality and reputation.

- **Brand Identity**: They help businesses build and protect their brand identity and
reputation in the marketplace.

- **Legal Rights**: Registered trademarks provide legal rights and protection against
unauthorized use, imitation, or infringement.

- **Marketing and Advertising**: Trademarks play a crucial role in marketing and advertising
strategies, helping businesses differentiate their products or services from competitors.

- **Asset Value**: Trademarks can be valuable business assets, contributing to brand equity
and can be bought, sold, or licensed.

In summary, a trademark is a vital component of intellectual property that aids in

distinguishing goods and services, protecting brand identity, and providing legal recourse
against unauthorized use.

### Procedure for Registering a Trademark

In India, trademark registration is governed by the Trade Marks Act, 1999, and the Trade
Marks Rules, 2017. The process of registering a trademark typically involves the following
steps:

1. **Trademark Search**:
- **Purpose**: Conduct a search to check if a similar or identical trademark is already
registered or pending.
- **Method**: Search the Trademark Registry database to identify any existing trademarks
that might conflict with your proposed mark.

2. **Filing of Application**:
- **Preparation**: Prepare the trademark application, which includes details about the mark,
the goods or services it will cover, and the applicant’s details.
 - **Submission**: File the application with the Trademark Registry, either online through the
official website or at the relevant trademark office.
- **Form**: Use the appropriate form (e.g., Form TM-A) for the application.

3. **Examination**:
- **Process**: The Trademark Registry examines the application to ensure it meets all legal
requirements and does not conflict with existing trademarks.
- **Objections**: If there are any objections or discrepancies, the applicant will be notified
and required to respond within a specified period.

4. **Publication**:
- **Journal**: If the mark passes the examination stage, it is published in the Trade Marks
Journal. This publication allows third parties to oppose the [Link] a period of 30 to 90
days
- **Opposition**: Any party can file an opposition if they believe that the registration of the
mark will cause them harm.

5. **Hearing**:
- **Opposition Hearing**: If there is opposition, a hearing may be held where both parties
present their arguments. The Registrar then decides whether to proceed with the registration.

6. **Registration**:
- **Certificate**: If no opposition is filed or if the opposition is resolved in favour of the
applicant, the trademark is registered, and a registration certificate is issued.
- **Duration**: The registration is valid for ten years from the date of filing and can be
renewed indefinitely.

7. **Renewal**:
- **Application**: File for renewal before the expiry of the ten-year period to maintain the
registration.
- **Form**: Use Form TM-R for renewal.

### Grounds for Refusal to Register a Trademark

**1. Absolute Grounds for Refusal**

These grounds are related to the inherent registrability of the trademark. A trademark can be
refused registration on absolute grounds if it does not meet certain criteria. According to the
Trade Marks Act, 1999, the absolute grounds are:

a. Lack of Distinctiveness**: A mark that is not distinctive and cannot distinguish goods or
services.
- **Case Reference**: **National Flour Mills Ltd v. The Registrar of Trade Marks [1967]** -
The Supreme Court held that the mark "Flour" was descriptive and lacked distinctiveness.

b. Descriptiveness**: Marks that merely describe the goods or services and do not serve to
distinguish them from others.
- **Case Reference**: **Baker Hughes Ltd v. Hiroshi Onoda [2012]** - The court found that
"Seal Tight" was descriptive and did not qualify for registration.

c. Generic Terms**: Terms that are common names for the goods or services.
- **Case Reference**: **Kolkata Impex Pvt Ltd v. M/s. Prakash Export [2012]** - The mark
"Fashion" was found to be generic and unregistrable.

d. Deceptive Marks**: Marks that are likely to deceive or cause confusion.

 - **Case Reference**: **Walt Disney Co v. H.K. Dairies [2005]** - The court held that the use
of a similar mark was deceptive and therefore not registrable.

e. Contrary to Law or Morality**: Marks that are offensive or against public policy.
- **Case Reference**: **Nirma Ltd v. Nirma Chemicals Works Pvt Ltd [2011]** - The court
held that certain marks could not be registered if they violated moral standards.

**2. Relative Grounds for Refusal**

These grounds concern conflicts with existing trademarks and are based on the likelihood of
confusion or association with prior marks. The relative grounds include:

a. Similarity to Existing Marks**: A mark that is identical or confusingly similar to an already

registered or pending trademark.
- **Case Reference**: **Ravi Thakur v. Rakesh Thakur [2009]** - The court found that
"Thakur" was too similar to an existing mark, leading to confusion.

b. Conflict with Well-Known Marks**: Marks that are similar to well-known trademarks and may
cause dilution or unfair advantage.
- **Case Reference**: **Puma SE v. Pumex [2012]** - The court upheld that a mark similar to
the well-known "Puma" could lead to confusion and was thus refused registration.

c. Likelihood of Confusion**: Marks that are similar to existing trademarks and are likely to
confuse consumers about the origin of goods or services.
- **Case Reference**: **Microsoft Corporation v. DRS Tech [2011]** - The court found that a
similar mark could cause confusion with Microsoft's established brand.

In summary, the procedure for registering a trademark involves searching, filing, examination,
publication, and, if necessary, opposition and hearing. Absolute grounds for refusal relate to
the inherent qualities of the trademark, while relative grounds concern conflicts with existing
marks. Both sets of grounds aim to ensure that trademarks serve their intended function of
distinguishing goods and services effectively and fairly.

14. A trader wants to register the name of a chemical element as trademark for his business?
Can he succeed in such registration. Decide with reasons. (2011b)
15. A Government Corporation is producing and selling milk with a registered trademark
"Mahari and Cow Milk". A private company started selling cow milk with the trademark "Maha-
Anand Cow Milk". Advise the corporation about the violation of its trademark and the
remedies available to it. (2011)
13. A trader applies for registration of 'Gandhi' as a trademark for his business. Can he
succeeed? Explain with reasons.
13. A trader applies for registration of 'Gandhi' as a trademark for his business. Can he
succeeed? Explain with reasons. (2012)
16. A Soap Company would like to register the trademark 'Bright-white' for one of its
detergent soaps. Can it succeed? Give reasons for your answer. (2011)
15. Benzt is the trademark used by a well known carmaker. A garment manufacturer in India
used the same trademark for one of the undergarments, Can the carmaker sue the Indian
garment manufacturer? If so, on what grounds? (2016)
14. A garments manufacturer started using the trademark "Audi" for his range of readymade
clothes. Audi car manufactures objected to it. Decide. (2017
15. Company X is the registered Proprietor of trademark BRIPLEX for medical preparation in
India. Company X wants to assign that trademark to Mr. A, Mr. Y and Mr. Z in different pacts of
India. Whether the same can he allowed? Explain with suitable provision. (2018)
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?(2020

The success of registering the trademark 'BEST' for tea powder would depend on
several factors, particularly related to trademark law and existing trademarks.

1. **Distinctiveness**: For a trademark to be registered, it generally needs to be

distinctive. Trademarks that are considered "merely descriptive" or "generic" are
harder to register. The term 'BEST' is a common adjective used to describe quality,
and it might be viewed as merely descriptive of the quality of tea powder rather
than as a distinctive brand name.

2. **Existing Trademarks**: Mr. 'A' will need to check if 'BEST' or a similar mark is
already registered or in use in the same industry (tea powder). If a similar
trademark is already registered for tea or related products, his application might
be refused due to the likelihood of confusion.

3. **Market Perception**: The trademark office will also consider how the mark is
perceived in the marketplace. If 'BEST' is seen as a term commonly used to
describe products rather than a unique identifier of the product's source, this could
affect the registration.

4. **Geographic and Industry Scope**: Trademark registration can vary by

jurisdiction. Mr. 'A' should conduct a thorough trademark search in his specific
geographic area and industry to determine the availability of the mark.

In summary, while it's possible that Mr. 'A' could face challenges in registering
'BEST' due to its potentially descriptive nature, a detailed search and consultation
with a trademark attorney can provide clearer guidance. The attorney can offer
advice on whether 'BEST' can be registered or if a more distinctive mark might be
advisable.

COPYRIGHT
7. Assignment of Copyright. (2014)
3. Universal Copyright Convention. (2014)
5. Copyright Board. (2016,2015a)
2. Universal Copyright Convention.(2013,2017)
5. Assignment of Copyright.(2011,2013)
6. Copyright in Design.(2011,2021)
5. Ownership of copyright. (2015a)
8. Copyright in dramatic works.(2017)
4. Copyright in derivative works.(2011)

11. What is Copyright? Explain its meaning, nature and scope.(2014,2013)

**Copyright** is a form of intellectual property protection granted by law to the creators of

original works. It provides the creator with exclusive rights to their work, typically for a limited
period. Here's a detailed explanation of its meaning, nature, and scope:

### **Meaning of Copyright**

Copyright is a legal concept that gives creators of original works non-exclusive rights to their
creations. This protection is provided to a wide range of creative works, including literature,
music, art, film, and software. The purpose of copyright is to encourage the creation and
dissemination of culture by giving creators control over how their works are used and ensuring
they receive compensation for their work.
### **Nature of Copyright**

1. **Exclusive Rights**: Copyright provides the creator with a bundle of exclusive rights.
These typically include:
- The right to reproduce the work.
- The right to prepare derivative works (e.g., adaptations or transformations of the original
work).
- The right to distribute copies of the work.
- The right to perform or display the work publicly.
- The right to authorize others to exercise these rights.

2. **Automatic Protection**: Copyright protection is automatic upon the creation of an original

work fixed in a tangible medium of expression. This means that as soon as a work is created
and recorded in some form (written, recorded, or otherwise fixed), it is protected by copyright
without the need for registration. However, registration can provide additional legal benefits,
such as the ability to sue for statutory damages.

3. **Duration**: The duration of copyright protection varies by jurisdiction but generally lasts
for the life of the author plus a certain number of years (e.g., 70 years in many countries). For
works created by multiple authors or works created for hire, the duration may be different.

4. **Transferability**: Copyright can be transferred or licensed. The creator can sell or license
their rights to others, either entirely or for specific uses or time periods. This allows for
commercial exploitation of the work while the original creator still retains some rights.

### **Scope of Copyright**

1. **Types of Works Covered**: Copyright protects a variety of works, including:

- Literary works (books, articles, etc.).
- Musical compositions and sound recordings.
- Dramatic works (plays, screenplays).
- Artistic works (paintings, sculptures, photographs).
- Software and databases.
- Films and audiovisual works.
- Architectural designs.

2. **Limitations and Exceptions**: Copyright does not cover ideas, methods, or systems. It
protects the expression of ideas rather than the ideas themselves. There are also certain
limitations and exceptions to copyright protection, such as:
- **Fair Use/Fair Dealing**: Allows limited use of copyrighted material without permission for
purposes like criticism, commentary, news reporting, teaching, scholarship, or research.
- **Public Domain**: Works that are no longer under copyright protection or were never
protected can be freely used by anyone.
- **Library and Archive Exceptions**: Allow libraries and archives to make copies of works
for preservation and research purposes.

3. **International Protection**: Copyright protection is territorial, meaning it is generally

limited to the country where it is granted. However, international treaties like the Berne
Convention for the Protection of Literary and Artistic Works help ensure that copyright
protection is respected across member countries.

### **Reference Examples**

- **Berne Convention (1886)**: An international agreement that sets minimum standards for
copyright protection and facilitates the recognition of copyright across member countries.
- **Copyright Act of 1976 (U.S.)**: Provides a comprehensive legal framework for copyright in
the United States, defining rights, durations, and exceptions.
- **Copyright, Designs and Patents Act 1988 (UK)**: Governs copyright law in the United
Kingdom, outlining rights, exceptions, and the duration of protection.

In essence, copyright is a vital mechanism for protecting the creative and intellectual efforts
of individuals and fostering the continued growth of culture and knowledge.

9. Explain the rights of the authors and owners.(2011,2021)

**Copyright** is a legal concept that grants creators of original works exclusive rights to their
creations. These rights allow the creators to control how their works are used and to receive
compensation for their use. Here’s a detailed definition and explanation of the rights of
authors and owners:

### **Definition of Copyright**

Copyright is a form of intellectual property protection given by law to the creators of original
works of authorship. These works include literary, musical, artistic, and other creative works
that are fixed in a tangible medium of expression. The primary purpose of copyright is to
encourage the creation and dissemination of culture by granting creators exclusive rights to
their work.

### **Rights of Authors and Owners**

Copyright provides a bundle of exclusive rights to the authors or owners of the work. These
rights enable the creators to control various aspects of the use of their work and ensure they
can benefit financially from their creations. The main rights typically include:

1. **Right to Reproduce**:
- **Definition**: The exclusive right to make copies of the copyrighted work.
- **Scope**: This includes reproducing the work in any form, such as printing, copying, or
digital reproduction.

2. **Right to Prepare Derivative Works**:

- **Definition**: The exclusive right to create new works based on the original work.
- **Scope**: This includes adaptations, translations, or any transformations of the original
work (e.g., turning a novel into a film).

3. **Right to Distribute Copies**:

- **Definition**: The exclusive right to sell, lease, or otherwise distribute copies of the work
to the public.
- **Scope**: This applies to physical copies (like books and CDs) as well as digital copies.

4. **Right to Perform**:
- **Definition**: The exclusive right to perform the work publicly.
- **Scope**: This includes public performances of literary, musical, and dramatic works, such
as plays, concerts, and readings.

5. **Right to Display**:
- **Definition**: The exclusive right to display the work publicly.
- **Scope**: This applies to works of art, photographs, and other visual works, allowing the
creator to control how and where their work is shown.

6. **Right to Authorize**:
- **Definition**: The right to permit or deny others from exercising the above rights.
 - **Scope**: This includes licensing the rights to third parties or granting permission for uses
that would otherwise require the author's consent.

### **Additional Rights**

- **Moral Rights** (in some jurisdictions):

- **Definition**: Rights that protect the personal and reputational interests of the creator.
- **Scope**: These may include the right to attribution (credit for the work) and the right to
object to derogatory treatment of the work.

### **Transfer and Licensing**

- **Transfer of Rights**: Copyright can be transferred from the author to another party, either
through a sale or assignment of the rights.
- **Licensing**: Authors or owners can license their rights to others, allowing for specific uses
or types of exploitation of the work under agreed terms.

### **Limitations and Exceptions**

While copyright provides these exclusive rights, there are also limitations and exceptions to
balance the rights of creators with public interests, such as:

- **Fair Use/Fair Dealing**: Allows limited use of copyrighted material without permission for
purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
- **Public Domain**: Works that are no longer protected by copyright or were never protected
can be freely used by anyone.
- **Library and Archive Exceptions**: Allows libraries and archives to make copies of works for
preservation and research purposes.

### **Conclusion**

Copyright is designed to protect the interests of creators by granting them exclusive rights to
their works, thereby encouraging creativity and ensuring that creators can benefit from their
efforts. The specific rights granted can vary by jurisdiction, but the core principles are
generally similar across different countries.

9. Define Copyright. Explain the subject-matter of copyright protection.( 2015b)

10. Explain the rights of the copyright owner and the remedies for violation of such rights.
(2011)
11. Define copyright. Discuss the subject matter of copyright protection under the Indian law.
(2013b,2012)
Copyright is a type of intellectual property law that protects original works of authorship
from being duplicated or used without authorization. It gives the creator of the work the
exclusive right to use and reproduce it for a set amount of time, and to control its
distribution. Copyright protects a wide range of works, including:
 Literary works, such as novels, poems, and blog posts
 Dramatic works, such as plays
 Musical works, such as songs and musical compositions
 Artistic works, such as paintings, photographs, illustrations, and architecture
 Computer programs
 Sound recordings
 Movies
 Website content
Copyright is important because it protects the value of the creator's work and
encourages the creation and dissemination of new creative works. Once a copyright
expires, the copyrighted item enters the public domain.

remedies for violation of copy rights

The Copyright Act of 1957 in India provides three types of remedies for copyright
infringement: civil, criminal, and border enforcement:
 Civil remedies
These include injunctions, damages, interpretation of accounts, delivery and destruction of
infringing copies, and damages for conversion. For example, a court can order the defendant
to give the plaintiff any infringing copies or items used to make them. An interlocutory
injunction can also be used to immediately stop on going harm from infringement, giving the
content creator time to pursue other remedies.
 Criminal remedies
These include imprisonment for a minimum of six months and up to three years, fines of at
least 50,000 rupees and up to 200,000 rupees, search and seizure of copyrighted goods, and
delivery of those goods to the copyright owner.
 Border enforcement
This includes prohibiting the import of infringing goods and destroying them with the help of
India's customs authorities. The Registrar of copyrights can also be asked to ban the import of
infringing copies and deliver the confiscated copies to the copyright owner.

10. Who is the owner of Copyright? How can it be assigned?(2010)

10. Who is the owner of copyright? Explain different modes of transfer of copyright with
special reference to assignment. (2016)
10. Who is the owner of copyright? How can the ownership of copyright be assigned?(2011b)

**Ownership of Copyright**

The owner of copyright is generally the creator of the work, provided the work is created as an
original work of authorship and fixed in a tangible medium. In the case of works created for
hire or under certain contractual arrangements, the employer or commissioning party may be
the copyright owner. Ownership of copyright can be transferred or licensed to others, and
different legal mechanisms are available for such transfers.

### **Modes of Transfer of Copyright**

Copyright can be transferred or licensed through various legal mechanisms. The primary
modes of transfer are:

1. **Assignment of Copyright**

- **Definition**: An assignment of copyright is a transfer of ownership from the original

copyright holder (the assignor) to another person or entity (the assignee).
- **Characteristics**:
- **Written Agreement**: In most jurisdictions, an assignment of copyright must be in
writing to be valid and enforceable. Oral agreements or informal arrangements are generally
not recognized for transferring copyright ownership.
- **Transfer of Rights**: The assignment can be total (transferring all rights) or partial
(transferring specific rights, such as reproduction rights but not distribution rights).
 - **Specific Terms**: The assignment should clearly outline the rights being transferred,
the scope, and any conditions or limitations.
- **Recordation**: While not always required, recording the assignment with a relevant
copyright office can provide public notice and establish a clear chain of title.

2. **Licensing**

- **Definition**: Licensing is the grant of permission to use the copyrighted work under
specific conditions without transferring ownership of the copyright.
- **Types**:
- **Exclusive License**: Grants the licensee exclusive rights to use the work, meaning the
copyright owner cannot grant similar rights to others during the license period.
- **Non-exclusive License**: Allows the copyright owner to grant similar rights to multiple
licensees.
- **Characteristics**:
- **Written Agreement**: Licenses are typically formalized through written agreements
detailing the scope of use, duration, geographic limitations, and compensation.
- **Revocability**: Licenses may be revocable or irrevocable depending on the terms
agreed upon.

3. **Work for Hire**

- **Definition**: Under the work-for-hire doctrine, the employer or commissioning party is

considered the copyright owner of a work created by an employee within the scope of their
employment or by an independent contractor if there is a written agreement stating the work
is a work for hire.
- **Characteristics**:
- **Scope of Employment**: For employees, the work must be created in the course of their
employment.
- **Commissioned Works**: For independent contractors, the work must be specially
commissioned, and there must be a written agreement specifying that the work is a work for
hire.

4. **Moral Rights**

- **Definition**: In some jurisdictions, moral rights (such as the right to attribution and the
right to object to derogatory treatment) can be distinct from economic rights and may not be
fully transferable. These rights often remain with the original creator even if the economic
rights are assigned.

### **Special Reference to Assignment**

**Assignment** is a formal and complete transfer of copyright ownership and involves the
following key aspects:

- **Written Documentation**: An assignment must be documented in writing. This document

should clearly identify the parties involved, describe the work being transferred, and specify
the rights being assigned. Some jurisdictions may require additional formalities, such as
notarization or registration with a copyright office.

- **Scope and Duration**: The assignment agreement should specify whether the transfer is
exclusive or non-exclusive, and it should outline any limitations or conditions on the use of the
work. The agreement should also detail the duration of the assignment and any compensation
or royalties due to the assignor.
- **Legal Formalities**: While the written requirement is standard, some jurisdictions may
have specific legal formalities or registration requirements to enforce or establish the
assignment.

- **Effectiveness**: Once the assignment is executed, the assignee becomes the new owner of
the copyright and holds all the rights and privileges associated with it. The assignor’s rights
are effectively terminated unless the assignment agreement specifies otherwise.

### **Conclusion**

The owner of copyright is typically the creator of the work or, in some cases, the employer or
commissioning party under the work-for-hire doctrine. Copyright can be transferred through
assignment or licensing. An assignment is a formal, written transfer of ownership, whereas
licensing grants permission to use the work without transferring ownership. Each mode of
transfer has specific legal requirements and implications, and understanding these can ensure
that copyright ownership and usage rights are clearly defined and legally enforceable.

10. What is infringement of copyright? Explain the exceptions thereto.(2017)

Copyright infringement occurs when someone uses a copyrighted work without permission
from the copyright owner, violating the exclusive rights granted to the owner. These rights
include reproduction, distribution, performance, display, and creation of derivative works
based on the original.
However, there are several exceptions to copyright infringement, allowing limited use of
copyrighted works without permission. Here are some key exceptions:
1. Fair Use: This allows limited use of copyrighted material for purposes such as criticism,
comment, news reporting, teaching, scholarship, or research. The use must be fair and
not harm the market value of the original work 1.
2. Face-to-Face Teaching: Instructors can use copyrighted materials in a classroom
setting without permission, provided it is part of face-to-face teaching activities at a
nonprofit educational institution 1.
3. Online Instruction (TEACH Act): This allows educators to use copyrighted materials
in distance learning environments, under specific conditions 1.
4. Non-Commercial Research and Private Study : Individuals can copy limited extracts
of works for non-commercial research or private study, as long as it is fair dealing and
does not impact the market value of the work 2.
5. Criticism, Review, and Reporting: Copyrighted works can be used for criticism,
review, or reporting current events, provided there is sufficient acknowledgment of the
original work2.
6. Helping Disabled People: Certain uses of copyrighted works are allowed to make
them accessible to people with disabilities 2.
7. Parody, Caricature, and Pastiche:(humours work) These forms of expression are
permitted as long as they are fair dealing and do not harm the original work 2.
8. Time-Shifting: Recording broadcasts for personal use to watch or listen at a more
convenient time is allowed2.
These exceptions aim to balance the rights of copyright owners with the public’s interest in
accessing and using creative works.
If you have any specific scenarios or further questions, feel free to ask!

9. What is originality in a work? Explain the statement that copyright is a bundle of rights.
(2020)

### **Originality in a Work**

**Originality** is a fundamental requirement for copyright protection. In the context of
copyright law, a work is considered original if it meets two primary criteria:

1. **Independent Creation**:
- The work must be created independently by the author, not copied from another source.
This means that the work should originate from the author's own effort and creativity.

2. **Minimal Creativity**:
- The work must contain at least a minimal degree of creativity. It doesn't need to be novel
or ground breaking, but it must reflect some degree of personal expression or artistic choice.
For example, a simple, factual listing of data might not be considered original, but a creative
arrangement or presentation of that data could be.

**Examples**:
- **Literary Works**: A novel or poem created by an author that reflects their unique voice
and narrative style.
- **Artistic Works**: A painting or sculpture that demonstrates the artist's personal
expression and artistic choices.
- **Music**: A musical composition with unique melodies and arrangements created by a
composer.

Originality does not require that the work be completely unique or unlike anything else.
Instead, it needs to reflect the author's own creative input.

### **Copyright as a Bundle of Rights**

The concept of copyright as a "bundle of rights" refers to the collection of exclusive rights
granted to the copyright owner. These rights give the copyright owner control over various
aspects of the use and distribution of their work. Here’s a detailed explanation:

1. **Reproduction Rights**:
- **Description**: The right to make copies of the copyrighted work.
- **Example**: An author can control whether their book can be photocopied or digitally
copied.

2. **Derivative Rights**:
- **Description**: The right to create derivative works based on the original work.
- **Example**: A filmmaker can create a movie adaptation of a novel, or a musician can
create a new arrangement of a song.

3. **Distribution Rights**:
- **Description**: The right to sell, lease, or otherwise distribute copies of the work to the
public.
- **Example**: A publisher can distribute copies of a book, or a record label can sell copies
of a music album.

4. **Public Performance Rights**:

- **Description**: The right to perform the work publicly.
- **Example**: A playwright can control whether their play is performed in theaters, or a
musician can control live performances of their music.

5. **Public Display Rights**:

- **Description**: The right to display the work publicly.
- **Example**: An artist can control whether their artwork is exhibited in galleries or public
spaces.
6. **Moral Rights** (in some jurisdictions):
- **Description**: Rights that protect the personal and reputational interests of the creator.
- **Example**: The right to attribution (being credited as the author) and the right to object
to derogatory treatment of the work.

### **Bundle of Rights Explained**

The "bundle of rights" metaphor illustrates that copyright does not grant a single, monolithic
right but rather a collection of distinct rights. This bundle can be divided, transferred, or
licensed separately. Here’s how this works:

- **Transfer and Licensing**: Copyright owners can transfer or license individual rights from
the bundle. For instance, a copyright owner might license the right to reproduce their work
while retaining the right to create derivative works.

- **Control and Flexibility**: The copyright owner has the flexibility to control how each right is
used. They can choose to exercise these rights themselves or permit others to do so under
specific terms and conditions.

- **Ownership and Assignment**: When copyright is assigned, the entire bundle of rights or a
subset of them can be transferred to another party. For example, an author might assign the
rights to reproduce and distribute their book to a publisher but retain the right to create
derivative works.

- **Moral Rights**: In jurisdictions that recognize moral rights, these are often separate from
the economic rights and remain with the original creator, even if the economic rights are
transferred.

### **Conclusion**

Originality in copyright law requires that a work be independently created and possess a
minimal degree of creativity. Copyright is conceptualized as a "bundle of rights," meaning that
it grants a collection of distinct and separable rights to the copyright owner. These rights
include the ability to reproduce, create derivative works, distribute, perform, and display the
work, as well as any moral rights in some jurisdictions. The bundle of rights framework allows
for flexibility in how these rights are managed, transferred, and licensed.

[Link] the economic and moral rights of authors of copyrighted works.(2018)

Certainly! The rights of authors of copyrighted works are generally divided into two main
categories: economic rights and moral rights. Both serve to protect the interests of authors,
but they do so in different ways.

### Economic Rights

Economic rights are primarily concerned with the commercial exploitation of the work. These
rights allow authors to control how their works are used and to benefit financially from them.
Key aspects include:

1. **Right to Reproduce**: Authors have the exclusive right to make copies of their work. This
includes reproducing it in various formats, such as physical copies or digital files.

2. **Right to Distribute**: Authors can control the distribution of their work. This means they
can decide how and where their work is sold or given away.
3. **Right to Perform**: Authors have the right to authorize public performances of their work.
This applies to works like plays, music, and other performance-based content.

4. **Right to Display**: This is relevant mainly for visual works such as paintings and
sculptures. Authors have the right to control public displays of their work.

5. **Right to Make Derivative Works**: Authors can create or authorize adaptations and
transformations of their work, such as sequels, adaptations, or translations.

### Moral Rights

Moral rights protect the personal and reputational interests of authors in their works. These
rights ensure that authors are recognized for their work and that their creations are not
misrepresented or altered in a way that harms their reputation. Key aspects include:

1. **Right of Attribution**: Authors have the right to be recognized as the creators of their
work. This means they should be credited whenever their work is used.

2. **Right of Integrity**: Authors can prevent modifications, distortions, or other changes to

their work that could harm their reputation or alter their original intent.

3. **Right to Object to False Attribution**: Authors can object if their work is falsely attributed
to someone else.

4. **Right to Withdraw**: In some jurisdictions, authors may have the right to withdraw their
work from public circulation if they feel that its continued presence would harm their
reputation.

### International Considerations

Copyright laws vary by country, and the balance between economic and moral rights can
differ. For instance, the Berne Convention, an international treaty on copyright, establishes a
baseline for protecting authors' rights globally, but individual countries may have different
provisions.

Overall, these rights are designed to ensure that authors can control and benefit from their
creations while also protecting their personal connection to their work.

[Link] are the legal provisions incorporated in the Copyright Act, 1957 safeguarding
international copyright?(2017)

The Copyright Act, 1957 of India includes several provisions to safeguard international copyright. These
provisions ensure that works from foreign countries receive protection in India, aligning with international
standards and treaties. Here are the key provisions:

1. Section 40: This section empowers the Central Government to extend copyright protection to works
from foreign countries by issuing an order in the Official Gazette. This means that works published
in countries listed in the International Copyright Order, 1999, are treated as if they were Indian
works1.
2. Section 41: This section deals with the protection of works of certain international organizations. It
allows the Central Government to extend copyright protection to works created by international
organizations, ensuring they receive the same protection as Indian works1.
3. Section 42: This section provides the Central Government with the power to restrict the rights of
foreign authors if their country does not provide adequate protection to Indian works. This is a
reciprocal measure to ensure fair treatment of Indian works abroad1.
 4. Section 43: This section mandates that any orders made under Chapter IX (which deals with
international copyright) must be laid before Parliament. This ensures transparency and legislative
oversight of the extension of copyright protection to foreign works1.

These provisions help India comply with international copyright agreements, such as the Berne Convention
and the TRIPS Agreement, promoting global cooperation and harmonization of copyright laws 2.

If you have any specific questions or need further details, feel free to ask!

15. An Internet Service provider Web-cast ball-by-ball live score of a one-day cricket match
officially telecast on a TV channel. Does it amount to infringement of copyright? Decide.
(2015b)

13. A photographer who is paid for the photo he has taken displays it in his display Board.
State whether it amounts violation of Copyright of the person whose photo has taken.(2014)

14. "M" is well known photographer. He shot the pictures of Sunrise. Can he claim copyright
those pictures?(2021)

14. X company has coined and been using the phrase "Believe in the Best" as a business
slogan. A, a story has used this phrase “Believe in the Best” number of times as hero of the
story always believe in the Best. X Company filed a copyright infringement suit against A. Will
the company succeed(2019)

In this scenario, X Company is unlikely to succeed in its copyright infringement suit against A.
Here’s why:

1. Copyright Protection: Copyright law protects original works of authorship, such as

literary, musical, and artistic works. However, short phrases, slogans, and titles are
generally not protected by copyright because they lack the necessary originality and
creativity1.
2. Trademark Law: While copyright law may not protect the phrase “Believe in the Best,”
X Company might have some protection under trademark law if the slogan is registered
as a trademark. Trademark law protects words, phrases, symbols, or designs that
distinguish the source of goods or services. However, even under trademark law, the
use of the phrase in a story might not constitute infringement unless it causes
confusion about the source of the goods or services 2.
3. Fair Use: Even if the phrase were protected, A might argue that their use of the phrase
falls under the fair use doctrine, which allows limited use of copyrighted material
without permission for purposes such as criticism, comment, news reporting, teaching,
scholarship, or research3.

Given these points, X Company would face significant challenges in proving copyright
infringement solely based on the use of the phrase “Believe in the Best” in A’s story.

The outcome of X Company’s copyright infringement suit against A for using the phrase
"Believe in the Best" would depend on several key factors:

1. **Copyright Protection for Phrases**: Generally, short phrases or slogans are not eligible for
copyright protection. Copyright typically covers original works of authorship such as books,
music, and art, but not brief expressions like slogans or catchphrases. Thus, the phrase
"Believe in the Best" is likely not protected by copyright law.

2. **Trademark Protection**: If X Company has registered "Believe in the Best" as a

trademark, they could potentially have protection under trademark law. Trademarks protect
symbols, names, and slogans used to identify and distinguish goods or services. If X
Company’s use of the phrase is protected as a trademark, they would need to show that A’s
use of the phrase is causing confusion among consumers, or is otherwise infringing on their
trademark rights.

3. **Likelihood of Confusion**: For a trademark infringement claim, X Company would need to

prove that A’s use of the phrase causes confusion among consumers regarding the source or
affiliation of the story with X Company’s products or services. They would need to
demonstrate that A's use of the phrase is likely to cause consumers to mistakenly believe that
there is an association between the story and X Company.

4. **Fair Use**: A might argue that their use of the phrase is protected under the doctrine of
fair use. If the phrase is used in a non-commercial context, or if its use is considered
transformative and not likely to cause confusion, this might be a defence.

In summary, unless X Company has trademark protection for the phrase and can demonstrate
that A’s use of it infringes on their trademark rights by causing confusion, the company is
unlikely to succeed in a copyright infringement suit.

13. Mr. X of TIT University has created a backup copy of software. TIT University has taken
license of that proprietary software from ABC Ltd. Explain, whether Mr. X is infringing the
copyright of ABC Ltd.(2018)
Mr. X’s creation of a backup copy of the software is likely not infringing the copyright of ABC
Ltd, provided certain conditions are met. Here’s why:
1. License Agreement: If the license agreement between TIT University and ABC Ltd
permits the creation of backup copies, then Mr. X is within his rights to make one. Many
software licenses explicitly allow for the creation of backup copies for archival
purposes1.
2. Copyright Law: Under copyright law, specifically the Backup Copy Exception, it is
generally not considered copyright infringement for the owner of a copy of a computer
program to make a backup copy, provided it is solely for archival purposes and not for
distribution2.
3. Conditions for Backup Copies: The backup copy must be used only if the original
copy is lost, destroyed, or otherwise rendered unusable. It cannot be sold or distributed
separately from the original software 3.
Given these points, as long as Mr. X’s backup copy is for archival purposes and complies with
the terms of the license agreement, it should not constitute copyright infringement.
If you have any more questions or need further clarification, feel free to ask!
Second Version
Whether Mr. X’s creation of a backup copy of the proprietary software infringes the copyright
of ABC Ltd. depends on several factors, including the terms of the license agreement between
TIT University and ABC Ltd., as well as the general principles of copyright law.
Here’s a breakdown of the key considerations:
1. **License Agreement Terms**: The most important factor is the specific license agreement
that TIT University has with ABC Ltd. License agreements often outline what the licensee (TIT
University) is permitted and not permitted to do with the software. If the license explicitly
allows for the creation of backup copies, then Mr. X’s actions would generally be permissible
under that license. Conversely, if the license restricts the creation of additional copies, then
creating a backup copy might violate the terms.
2. **Copyright Law and Backup Copies**: In many jurisdictions, copyright law allows for the
creation of backup copies of software for personal use or to protect against data loss, as long
as the backup copy is not used for distribution or other purposes. However, the exact
provisions can vary. For example:
- In the United States, the Digital Millennium Copyright Act (DMCA) has provisions that might
permit backup copies under certain conditions, but these are often restricted and dependent
on the terms of the license.
- In the European Union, software license agreements generally need to allow for the creation
of backup copies for personal use or archival purposes, but the specifics can vary.
3. **Fair Use and Fair Dealing**: In some legal systems, making a backup copy might be
considered fair use or fair dealing, especially if it’s for the purpose of preserving the
functionality of the software and not for any other commercial purpose. However, this is also
heavily influenced by the terms of the license agreement.
4. **Action Against Mr. X**: Since Mr. X is acting on behalf of TIT University, the university’s
license agreement with ABC Ltd. would apply. If Mr. X’s backup copy complies with the license
terms, then it would not typically be considered infringement. If it does not comply, then it
could potentially be a breach of contract rather than a direct copyright infringement, although
it might still have legal implications depending on the jurisdiction.
In summary, Mr. X’s actions would not constitute copyright infringement if they are in
compliance with the license agreement and any applicable backup copy provisions. However,
if the creation of the backup copy violates the terms of the license agreement, it could be
considered a breach of contract or potentially an infringement of copyright, depending on the
jurisdiction and specific legal context.
13. An author assigned copyright in his book to a film producer for making a movie. There was
distortion of the original characterization in the book, by the producer of the movie, The
Author felt aggrieved and he would like to protect his reputation? Can he succeed?. (2010)

Yes, the author can potentially succeed in protecting his reputation by invoking his moral
rights. Moral rights include the right to object to any distortion, mutilation, or other
modification of the work that would be prejudicial to the author’s honor or reputation.

Relevant Case Law:

1. Amar Nath Sehgal v. Union of India (2005): In this landmark case, the court upheld
the artist’s moral rights when his work was distorted and removed from a government
building1. The court recognized the importance of protecting the artist’s reputation and
integrity.
2. Snow v. Eaton Centre Ltd. (1982): In this Canadian case, the court ruled in favor of
the artist Michael Snow, whose sculpture was decorated with Christmas ribbons without
his consent. The court found that the modification was prejudicial to the artist’s honor
and reputation2.

Legal Basis:

Under the Indian Copyright Act, 1957, Section 57 provides for the protection of moral
rights. It allows authors to claim authorship of their work and to restrain or claim damages for
any distortion, mutilation, modification, or other act in relation to the work that is prejudicial
to their honor or reputation2.

Given these protections, the author in your scenario can argue that the distortion of his book’s
characters in the movie has harmed his reputation and seek appropriate legal remedies.
14. A poet was asked to write a song for a film and paid for it. The song went on the become a
bit hit. Who is the owner of copyright in the song? Decide. (2016)

The ownership of copyright in the song depends on whether the song was created as a work
made for hire or not.

Legal Basis:

Under the Indian Copyright Act, 1957, if a work is created by an author in the course of
employment under a contract of service or apprenticeship, the employer is considered the
first owner of the copyright, unless there is an agreement to the contrary (Section 17).

Relevant Case Law:

1. Indian Performing Right Society Ltd. v. Eastern India Motion Pictures

Association (1977): The Supreme Court of India held that when a lyricist or composer
creates a work for a film producer under a contract of service, the producer is the first
owner of the copyright1.
2. Cameron Mackintosh Ltd. v. Mummery (1992): In this UK case, it was held that if a
work is created under a contract of service, the employer owns the copyright 2.

Application:

In your scenario, if the poet was hired specifically to write the song for the film and was paid
for it, it is likely considered a work made for hire. Therefore, the film producer would be the
owner of the copyright in the song. However, if there was an agreement stating otherwise, the
poet could retain the copyright.

14. A translates the work of B. Is it infringement of the copyright of B? (2015a)

16. A sells the literary works of B at a discount. Is it infringement of a copyright. (2015a)
13. A singer performed in a live show and he had sung certain copyrighted songs in the show
on public demand who paid money to watch it. He had not obtained any permission from the
copyright owners. Has he violated any copyright? Give reasons for your answer(2011)
13. A photographer who is paid for the photo he has taken displays it in his display Board.
State whether it amounts violation of Copyright of the person whose photo has taken.(2013)
13. An author has compiled a new English dictionary by extracting information from various
sources. Can be claim copyright in the said dictionary? Decide with reasons.(2011b)
15. A biotechnology company seeks protection of "DNA sequence" of certain hybrid seeds
under the copyright law. Can it succeed? Explain.(2013b)
15. A biotechnology company seeks protection of "DNA sequence" of certain hybrid seeds
under the copyright law. Can it succeed? Explain. (2012)

PATENT
2. Software patents. (2015a)
3. Compulsory license of a patent. (2015a)
6. Product Patent.(2013,2014
7. Process Patent. (2011,2016,2018)
7. Patent of Addition. (2010)
2. Patent Co-operation Treaty. (2010)
9. Define Patent. Explain the rights and duties of patentee.(2018,2017
11. What are not inventions under S. 3 of Patents Act? Briefly explain the Novartis case in this
regard.(2020
12. Explain the patentable subject-matter and essential conditions for grant of a patent.
(2016)
11. Explain the Patentable subject matter in India. 2015b
9. Trace the development of patent laws in India. (2015a)
12. Discuss the Right and obligations of a patentee.(2014,2011,2013
12. Discuss the various rights and duties of the patentees. (2011b)
12. What can be patented? How can a patent be obtained under the Patent Act, 1970?
(2010,2011)

13. 'A' wants to obtain patent for a pharmaceutical invention in the form of a new product.
Explain the position in the years 1994 and 2019.(2021
13. A has invented a process of making agricultural land more fertile and capable of yield
higher produce. He wants to obtain patent for his invention. Will he succeed?(2019,2010
14. Professor X has developed a process to increase the economic value of Jute. He wants to
patent the same in India. Whether his invention can be patented in India? Explain.(2018
15. A U.S. based company wants to patent a traditional medicine used in Telangana. Can it
succeed? Decide.(2017
15. A makes a public demonstration of his invention for his students - Can he then seek a
patent for it? (2015a)
16. A Pharmacist invented a medicine for cold and cough in 1999 and got it patented in 2002.
In 2008 he made a remarkable improvement in that medicine to treat not only cold and cough
but also How can he protect such improvement. Advise. (2016)
14. A surgeon has invented a new surgical method to treat a human ailment. Is he eligible to
seek a patent? Discuss.(2014,2013
15. A science Professor made an invention during his employment in a University. Who can
apply for patenting such invention? Justify your answer. (2011)
15. A scientist intends to register a patent for one of his drugs. Can he get a product patent
for it in the year 2011 in India? Discuss. (2011b)
14. A pharmaceutical product having a patent was sold at an un-affordable price depriving
many poor patients of the much needed health care. What are the options before the
Government and other pharma companies in making such a drug available at a reasonable
price? (2011)

16. A company registered a design for a Glucose biscuit sold by it. A rival company used a
similar design for its range of Glucose biscuits without any registration of such design. Advise
the first company on its rights. (2021

GEOGRAPHICAL INDICATION
1. Geographical Indication.(2020,2016,2017,2019,2013,2010,2011,2012)
2. Geographical Indications of Goods. (2011b,2015)

**Geographical Indication (GI)** is a sign used on products that have a specific geographical
origin and possess qualities, reputation, or characteristics inherent to that location. The GI is
typically applied to agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and
industrial products.

### Key Features of Geographical Indications:

- **Specific Origin**: The product must originate from a specific place, region, or country.
- **Qualities and Reputation**: The product must have qualities, reputation, or characteristics
that are attributable to its geographical origin.
- **Legal Protection**: GIs are protected by law to prevent misuse or imitation of the name,
ensuring that only products genuinely originating from the defined region can be sold under
that name.

- **Examples**:
- *Champagne* (France): Sparkling wine from the Champagne region.
- *Darjeeling Tea* (India): Tea from the Darjeeling district in West Bengal.
- *Roquefort* (France): A type of cheese made from sheep's milk in the Roquefort-sur-
Soulzon region.
- *Parmigiano-Reggiano* (Italy): A hard cheese from specific provinces in Italy.

### Importance of Geographical Indications:

- **Economic Benefits**: Protecting GIs can enhance the economic value of the products by
ensuring premium pricing and helping producers from specific regions.
- **Cultural Heritage**: GIs help in preserving traditional knowledge and cultural heritage
linked to specific regions.
- **Consumer Protection**: GIs ensure that consumers are not misled about the origin and
quality of the product.

### How GIs are protected:

- **International Treaties**: GIs are recognized and protected under various international
treaties, such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
administered by the World Trade Organization (WTO).
- **National Laws**: Countries have their own laws and regulations to protect GIs, which might
involve registration and enforcement mechanisms.

[Link] is meant by geographical indications of goods? Explain the procedure for

registration of geographical indications.(2017

The registration of a **Geographical Indication (GI)** involves a detailed procedure to ensure

that the product in question genuinely originates from the specified geographical area and
possesses the qualities or characteristics attributed to that region. While the specific
procedure may vary slightly depending on the country, the general steps are as follows:

### 1. **Application Submission**:

- **Applicant**: The application can be filed by any association of persons, producers, or any
organization or authority representing the interests of the producers of the concerned goods.
- **Details Required**: The application must include:
- Name and address of the applicant.
- A description of the goods or products, including their quality, reputation, or other
characteristics attributable to the geographical origin.
- The geographical area to which the GI applies.
- Proof of origin and evidence that the product comes from the defined geographical area.
- Method of production and any relevant traditional or unique practices involved in the
production process.
- A map of the geographical area.

### 2. **Examination of the Application**:

- **Preliminary Scrutiny**: The application undergoes an initial scrutiny to check for any
missing information or documents. If any deficiencies are found, the applicant is given a
chance to rectify them.
 - **Detailed Examination**: A detailed examination is carried out by the GI Registrar (or
relevant authority). This includes verifying the accuracy of the information provided, the
uniqueness of the product, and whether it genuinely qualifies as a GI.

### 3. **Publication of the Application**:

- Once the application is accepted, it is published in the official GI journal or gazette. This
publication serves as a public notice, allowing others to view the application and raise any
objections if they believe that the product does not qualify for GI registration.

### 4. **Opposition Proceedings**:

- **Timeframe for Opposition**: After publication, there is usually a set period (often three
months, extendable by another month) during which any person can file an opposition to the
GI registration.
- **Grounds for Opposition**: Oppositions can be based on various grounds, such as the
claim that the product does not have the required qualities, reputation, or characteristics
attributable to the geographical origin, or that the geographical area is not correctly defined.
- **Resolution of Opposition**: If an opposition is filed, the applicant is given an opportunity
to respond. A hearing may be conducted, and the Registrar or relevant authority makes a
decision based on the evidence presented.

### 5. **Registration**:
- If there are no oppositions, or if any opposition are resolved in favor of the applicant, the GI
is registered. The registration includes:
- Issuance of a GI registration certificate to the applicant.
- Entry of the GI into the official register of geographical indications.

### 6. **Post-Registration**:
- **Renewal**: The GI registration is typically valid for a specific period (usually 10 years)
and can be renewed indefinitely upon payment of the prescribed fee.
- **Monitoring and Enforcement**: The registered GI is monitored to prevent misuse or
unauthorized use by others. The registered owner(s) have the right to take legal action
against any infringement or misuse of the GI.

### 7. **International Registration (Optional)**:

- In some cases, the GI may also be registered internationally, depending on treaties and
agreements between countries (such as the Lisbon Agreement or the European Union’s GI
system). This provides broader protection for the GI in multiple jurisdictions.

### Example (India):

- In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999,
governs the registration of GIs. The procedure follows the general steps outlined above, with
the Geographical Indications Registry in Chennai serving as the authority responsible for
processing GI applications.

The registration of a GI ensures that only those who comply with the standards and criteria
established in the application can use the GI label. This protects the product's reputation,
prevents misuse, and ensures that consumers receive authentic products.

16. One of the authorized users of a registered geographical indication wants to sell the
geographical indication to a company. Can he do so? Discuss with reasons. (2011b)

No, an authorized user of a registered Geographical Indication (GI) **cannot sell or

transfer the GI** to a company or any other entity. The reasons for this are rooted in
the nature and purpose of geographical indications:

### 1. **Collective Ownership**:

 - A GI is typically owned collectively by a group of producers, farmers, or artisans who
produce goods within a specific geographical area and whose products possess
qualities, reputation, or characteristics attributable to that location. The GI is not an
individual property right like a trademark or patent; instead, it belongs to the entire
community associated with that region and product.

### 2. **Inalienability of GIs**:

- Geographical Indications are tied to the geographical area and the specific
characteristics or qualities of the product that arise from that area's natural conditions,
traditional practices, and cultural heritage. Since the GI is inherently linked to the place
of origin and the community, it cannot be alienated, sold, or transferred independently
from that context.
- Selling a GI would undermine the fundamental principle that the product's unique
qualities are tied to the specific location and the practices of the local producers. It
would also dilute the protection afforded to consumers, who expect products bearing a
GI to come from a specific place and meet established standards.

### 3. **Legal Restrictions**:

- Most legal frameworks governing GIs explicitly prohibit the transfer or assignment of
GIs to individuals or companies outside the designated producers or regions. The
registration and use of a GI are regulated to ensure that only those genuinely
associated with the geographical area and compliant with the product specifications
can use the GI.

### 4. **Authorized User Rights**:

- An authorized user of a GI is granted the right to use the GI on products that meet
the required standards, but this right is typically non-transferable. The authorization to
use the GI is tied to the individual or group meeting the specific criteria of production,
and it does not confer ownership of the GI itself.

### Example of Legal Framework:

- In India, under the Geographical Indications of Goods (Registration and Protection)
Act, 1999, a registered GI cannot be assigned, transmitted, licensed, or pledged as it is
not a personal property right. The Act explicitly states that a GI is not transferable like
other intellectual property rights.

### Conclusion:
Given that GIs are community-owned, tied to specific geographical locations, and
governed by laws that prevent their transfer, an authorized user does not have the
legal right to sell a GI. Any attempt to do so would be contrary to the principles and
regulations that protect GIs. Instead, the user can continue to produce and market
products under the GI as long as they adhere to the established standards and remain
within the authorized group of producers.

3. Fair Use.
2. Layout Design.
4. Broadcast Reproduction Right.
6. Specification.
8. New Plant Variety Right.
Answer any ONE of the following.
10. Define Design. Write an essay on the piracy of design and the remedies thereof.(2020

9. What are not inventions as per Section 3 of the following questions?(2019)

PART-C (1 x 20 = 20 Marks)
Answer any ONE of the following.
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 IPL Cricket
series. TV99 broadcaster, having purchased the telecast rights from the IPL organizers wants
to proceed against Hypermarket for infringement of its IP right. Will the TV99 broadcaster will
be successful in its attempt under relevant IP law? (2020
15. Mr. Prakash Raj created a new software which enables the air-conditioning system
automatically adjust room temperatures basing on the fluctuations in the external
temperatures. Because of this users need not frequently use the remote and change the
temperatures basing on external conditions. Mr. Prakash Raj wants to obtain some IP
protection for the software. Advise his. (2020
16. Mr. 'X' has been in the business of stationary items designed a paper weight in the shape
of Charminar and registered the design under the Designs Act, 2000. Seeing the success of
the design, Mr. 'Y' a bag manufacturer started manufacturing and selling similar charminar
shaped School Bags. Mr. 'X' wants to file a suit against Mr. 'Y' for copying his charminar design
for bags. Will he be successful. Advise. (2020
(2019)

Answer any TWO of the following.

TRIPS

10. What are the salient features of TRIPs Agreement?(2019

9. Explain the Salient features of TRIPS Agreement.(2010)

[Link] Agreement.(2013B,2011,2012

The **Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement 1995** is a

comprehensive international treaty under the World Trade Organization (WTO) that sets down
minimum standards for the regulation of various forms of intellectual property (IP) as applied
to nationals of other WTO members. The TRIPS Agreement was negotiated during the Uruguay
Round of the General Agreement on Tariffs and Trade (GATT) and became effective on January
1, 1995.

### Key Features of the TRIPS Agreement:

#### 1. **Comprehensive Coverage of Intellectual Property (IP)**:

- TRIPS covers a wide range of IP rights, including:
- **Copyright and Related Rights**: Protects literary and artistic works, including computer
programs and databases, and provides protection for performers, producers of sound
recordings, and broadcasting organizations.
- **Trademarks**: Protects distinctive signs, such as brand names, logos, and symbols,
used in commerce.
- **Geographical Indications (GIs)**: Protects names that indicate the geographical origin
of products, ensuring that goods labeled with a GI genuinely come from the specified area and
have the characteristics associated with it (e.g., Champagne, Darjeeling Tea).
- **Industrial Designs**: Protects the visual design of objects that are not purely utilitarian.
- **Patents**: Grants exclusive rights for inventions, typically lasting 20 years from the
filing date, subject to disclosure of the invention.
- **Integrated Circuit Layout Designs**: Protects the three-dimensional configuration of
electronic circuits in semiconductor products.
- **Trade Secrets**: Protects confidential business information from being disclosed,
acquired, or used by others without authorization.

#### 2. **Minimum Standards of Protection**:

 - TRIPS establishes minimum standards that each member country must provide for the
protection of IP rights. These standards include:
- **Duration of Protection**: For example, copyrights must last at least 50 years after the
death of the author, while patents must last 20 years from the date of filing.
- **Scope of Protection**: Defines what can be protected and the conditions under which
protection is granted.
- **Enforcement**: Sets out provisions for the enforcement of IP rights, including civil,
administrative, and criminal procedures.

#### 3. **National Treatment and Most-Favored-Nation (MFN) Principles**:

- **National Treatment**: Members must offer the same level of protection to nationals of
other WTO members as they do to their own nationals.
- **Most-Favored-Nation (MFN) Treatment**: Any advantage, favor, privilege, or immunity
granted to the nationals of one member must be extended to nationals of all other members.

#### 4. **Geographical Indications (GIs)**:

- TRIPS requires members to protect GIs, particularly for wines and spirits, against misuse or
imitation. This means that only products originating from a specific region can use the GI label
if they meet the defined quality standards.

#### 5. **Enforcement of IP Rights**:

- TRIPS outline detailed procedures for the enforcement of IP rights. These include:
- **Civil and Administrative Procedures**: Members must ensure that enforcement
mechanisms are available under their law, including fair and equitable procedures, damages
for infringement, and provisional measures.
- **Criminal Procedures**: In certain cases, members must provide for criminal penalties
for the willful infringement of IP rights on a commercial scale.
- **Border Measures**: Provides for customs authorities to suspend the release of goods
suspected of infringing IP rights.

#### 6. **Dispute Resolution**:

- TRIPS is part of the WTO legal framework, so disputes regarding the interpretation or
implementation of the agreement can be resolved through the WTO's dispute settlement
system. This ensures that member states comply with their TRIPS obligations.

#### 7. **Transitional Arrangements**:

- The agreement allows different implementation timelines for different countries,
recognizing their varying levels of development. Developed countries were given one year to
comply, developing countries were given five years, and least-developed countries (LDCs)
were given 11 years, with further extensions for certain obligations.

#### 8. **Public Health Flexibilities**:

- The Doha Declaration on the TRIPS Agreement and Public Health (2001) affirmed that
TRIPS should be interpreted and implemented in a manner supportive of WTO members'
rights to protect public health. This includes the right to use compulsory licensing and other
measures to ensure access to affordable medicines.

#### 9. **Technology Transfer**:

- TRIPS encourages technology transfer to developing countries to help them build their own
IP infrastructure and capabilities, fostering innovation and economic growth.

### Impact of the TRIPS Agreement:

- **Global Harmonization**: TRIPS has led to a significant harmonization of IP laws across the
world, ensuring a more consistent level of protection and enforcement globally.
- **Increased IP Protection**: The agreement has raised the level of IP protection in many
countries, particularly in developing economies.
- **Criticism and Controversies**: TRIPS has faced criticism, particularly regarding its impact
on access to medicines in developing countries and the balance between IP protection and
public interest.

The TRIPS Agreement represents a significant shift in global IP governance, integrating IP

rights into the multilateral trading system and creating a more uniform standard for IP
protection and enforcement across the world.

PARIS CONVENTION
10. Analyse the provisions of the Paris Convention and its impact on protection of Industrial
property in India. (2021)
4. Paris Convention, 1883. (2011b)

BERNE CONVENTION
11. Discuss the salient features of Berne Convention.(2018
3. The Berne Convention, 1886. (2011,2016)

7. Compulsory licensing. (2018)

**Compulsory licensing** is a legal mechanism that allows a government to authorize a third
party to produce and sell a patented product or process without the consent of the patent
holder. This practice is often used to address public health needs, ensure access to essential
medicines, and promote competition and innovation when the patent holder is unwilling to
license the product on reasonable terms.

### Key Features of Compulsory Licensing:

#### 1. **Conditions for Issuance**:

- **Public Interest**: Compulsory licenses are typically granted when it serves the public
interest, such as in cases of public health emergencies, to ensure affordable access to life-
saving medicines, or to promote public welfare.
- **Failure to Work the Patent**: If a patent holder does not make the patented invention
available to the public on reasonable terms, a compulsory license may be issued to address
this situation.
- **Anti-Competitive Practices**: If a patent holder engages in anti-competitive practices,
such as price gouging or refusing to supply the patented product, a compulsory license can be
issued to restore competition.
- **National Emergencies**: Governments may issue compulsory licenses in response to
national emergencies or other circumstances of extreme urgency, such as pandemics or
natural disasters.

#### 2. **Process of Granting a Compulsory License**:

- **Application**: A party seeking a compulsory license usually applies to a designated
authority or government agency, providing reasons for why the license should be granted.
- **Negotiation with Patent Holder**: Typically, the applicant must first attempt to obtain a
voluntary license from the patent holder on reasonable terms. If the negotiations fail within a
reasonable period, a compulsory license may be granted.
- **Government Approval**: The government or relevant authority reviews the application,
considers the circumstances, and decides whether to grant the license. The patent holder is
usually given an opportunity to present their case before the license is issued.
- **Royalty Payment**: If a compulsory license is granted, the licensee (the party authorized
to use the patent) must pay the patent holder an adequate remuneration or royalty, which is
determined by the government or court based on the economic value of the license.
#### 3. **Scope and Duration**:
- **Limited Scope**: The scope of a compulsory license is typically limited to the specific
needs that justified its issuance. For example, it may be limited to producing a certain
quantity of the patented product or serving a particular market, such as the domestic market.
- **Non-Exclusive**: Compulsory licenses are generally non-exclusive, meaning that the
patent holder can still exploit the patent and license it to others.
- **Duration**: The duration of the license is often limited to the period necessary to address
the specific public interest concern. Once the issue is resolved, the license may be revoked or
allowed to expire.

#### 4. **TRIPS Agreement and Compulsory Licensing**:

- Under the **TRIPS Agreement**, member countries are allowed to issue compulsory
licenses under specific conditions. Article 31 of TRIPS outlines the provisions for granting
compulsory licenses, including the requirement for prior negotiation with the patent holder,
except in cases of national emergency, public non-commercial use, or anti-competitive
practices.
- The **Doha Declaration on the TRIPS Agreement and Public Health (2001)** reaffirmed the
flexibility of TRIPS member states to issue compulsory licenses to address public health
concerns, particularly in relation to access to essential medicines. It also allowed for the
export of medicines produced under compulsory licenses to countries that lack the
manufacturing capacity to produce them.

#### 5. **Examples of Compulsory Licensing**:

- **Pharmaceuticals**: Compulsory licenses have been issued in several countries to
produce generic versions of patented drugs, particularly for treating diseases like HIV/AIDS,
tuberculosis, and malaria. For instance, in 2007, Thailand issued a compulsory license for an
HIV/AIDS drug to ensure affordable access for its population.
- **COVID-19 Pandemic**: During the COVID-19 pandemic, there were discussions and some
instances where countries considered or issued compulsory licenses to ensure access to
vaccines and treatments.

### Advantages and Criticisms:

- **Advantages**:
- **Public Health**: Ensures access to essential medicines and treatments, particularly in
low-income or developing countries.
- **Promotes Competition**: Can be used to counteract monopolistic practices and reduce
the prices of essential goods.
- **Encourages Local Production**: Allows countries to produce needed products
domestically, reducing dependency on imports.

- **Criticisms**:
- **Impact on Innovation**: Critics argue that compulsory licensing can undermine the
incentives for innovation, as patent holders may see reduced returns on their investments.
- **International Trade Tensions**: The use of compulsory licensing can lead to disputes
between countries, especially if it is perceived as undermining IP rights.

### Conclusion:
Compulsory licensing is a powerful tool that balances the rights of patent holders with the
broader public interest. While it is often associated with access to medicines, the concept
applies broadly across different industries, reflecting the need to ensure that intellectual
property rights do not obstruct access to essential goods and services.

15. 'x', an author assigned his novel to 'X' a publishing company. X Company published the
book showing Y as an author of the novel. Aggrieved by the action of the publisher, A wants to
obtain a remedy under IP Law. Advise him. (2019)
1. Moral Rights of an author. (2019)
5. Performer's Right. (2019)
2. Computer Programme per Se. (2019)
4. Traditional Knowledge Digital Library. (2019)
6. Definition of Design. (2019)
8. Complete Specification. (2019)
2. Plant Varieties Protection. (2021
3. Literary Property. (2021
4. Neighboring Rights. (2021
5. Certification marks. (2021
7. Exclusive Marketing Rights. (2021
8. Right to Secrecy. (2021
1. Property mark. (2018)
3. Plaint varieties protection. (2018)
5. Specification. (2018)
2. Artistic works. (2018)
8. Exclusive marketing right(2018)

16. Mr. X has created a unique pen. Explain him the criteria to register industrial design in
India. (2018)

[Link] marketing rights.(2017

7. Rights of Broadcasters. (2017
6. Exclusive Marketing Rights. (2017

16. A Foreign company trading in India used the photos of certain religious symbols on
footwear. Advise the Indian Citizens of their rights under the relevant IPR law. (2017
2016
PART-A
1. New plant variety.(2016)
4. Broadcast Reproduction Right. (2016)
8. Compulsory License. (2016)
11. Define an Industrial Design. Explain different rights vested in the holders of designs.
(2016)
13. A great classical singer gave a live performance in a university to raise funds for charity.
AIV cholated internat the performance without singers permission. What right of the singer is
violated in instant case? Explain. (2016)

7. World Trade Organisation. (2015a)

12. What are the three main forms of remedies for protecting intellectual rights.? (2015a)
13. A makes a remix of songs-what are his rights and liabilities? (2015a)
1. Industrial Property. 2015b
3. Principle of National Treatment. 2015b
7. Compulsory License. 2015b
4. Performer's Rights. 2015b
6. Industrial Designs. 2015b
8. New Invention. 2015b

PART-C
13. A cinema actress agreed to perform on the eve of new year celebrations for an agreed
cost. However the organizers planned to record her performance, and to sell it different TV
channels. Can she object? Decide. (2015b)
14. A watch company used the photo of the idol of Lord Venkateshwara on a range of Watches
produced by it. On what grounds can the use and registration of the mark be objected?
(2015b)
. An International pharmaceutical company invented and patended a cancer drug, and offered
16 the same to Indian patients at a cost of about three lakhs per patient and per month. An
Indian company sought a license from it to produce and sell the drug at a lower cost which
was refused. Can the Indian company seek a compulsory license, if so on what grounds?
(2015b)

TRADE MARK
11. Explain the salient features of the Trade Marks Act, 1999. (2011b)
11. What amounts to Infringement of Trade mark? Distinguish 'Infringement' from 'Passing off.
(2010)
9. What is Trade Mark? Explain the procedure for Registration of a Trade Mark.(2013
9. What is Trade Mark? Explain the procedure for Registration of a Trade Mark.(2014
15. A Trade Mark is registered for a limited area. A firm used such Trade Mark beyond that
area. Is the firm guilty of infringement of the Trade Mark?(2014
16. SPOS-PROX is a registered Trade Mark. Another trader has a Trade Mark -SPOS-FLOX.
Discuss whether there is a deceptive similarity in this case.(2014
15. A Trade Mark is registered for a limited area. A firm used such Trade Mark beyond that
area. Is the firm guilty of infringement of the Trade Mark?(2013
16. SPOS-PROX is a registered Trade Mark. Another trader has a Trade Mark -SPOS-FLOX.
Discuss whether there is a deceptive similarity in this case.(2013
14. A trader would like to use the name of a living person as a trade mark for business,
without the consent of such living person. Can he succeed in registration of such trade mark?
(2010)

INTELLECTUAL PROPERTY RIGHTS

WIPO
7. World Intellectual Property Organisation.(2020,2017,2011
12. Analyse the role of the World Intellectual Property Organization (WIPO) in protection and
promotion of
Intellectual Property. (2015b
10. Explain the structure, powers and functions of the World Intellectual Property Organization
(WIPO).(2013,2012
9. Explain the powers and functions of the World Intellectual property organization in
promotion and protection of Intellectual Property Rights. (2011)
6. World Intellectual Property Organisation. (2015a)

13. A historical monument's architecture was copied by a person to construct his house.
Discuss whether any intellectual property is violated thereby. (2017
10. What are the intellectual Property Rights that require statutory registration? (2015a)
11. Explain the powers and functions of the IPAB. (Intellectual Property Appellate board)
(2015a)
1. Forms of Intellectual Property. (2015a)
12. Explain the nature and classification of Intellectual Property. (2018)
11. Explain the justification behind the Intellectual Property Rights. What are the different
forms of Intellectual Property Rights? (2019)
16. 'P' a scientist invented a new variety of rice which is pest resistant. He wants to claim
protection under Intellectual Property Law. Advise him. (2019)
9. Explain the classification of Intellectual Property with suitable illustrations. (2016)
9. Explain the main forms of Intellectual Property.(2011,2021)

1. Definition of Intellectual Property. (2011b)

 9. Explain the meaning and nature of intellectual property. Analyse the theories of
protection of IPRs. (2011b)
15. A tribal group of people want to protect intellectual property in one of their herbal
products used for many decades. Advise them as to the proper form of IPR protection
available in the given case. (2021
9. What is Intellectual Property? How does it differ from other forms of property? Why should it
be protected? (2012)
(2014)
1. Plant Varieties. (2014)
2. UNESCO. (2014)
4. Rights of Performers. (2014)
8. Exclusive Marketing Rights.(2014)
10. Explain the salient features of the Designs Act 2000.(2014)

2013
Answer any Five of the following.
1. Plant Varieties.
2. UNESCO.
4. Rights of Performers.
8. Exclusive Marketing Rights.
PART-B
10. Explain the salient features of the Designs Act 2000.
PART-C
2013b
3. Author's Special Rights.
5. Right to Secrecy.
4. Property Mark.
7. Fraudulent Imitation of Design.
6. Ariton Pillar Order.
8. Musical Works.
PART-C
14. A professor wants to protect his classroom teaching under the IPR law. How can he do it?
16. A person wants to construct a house with the design similar to charminar. Can he do it?
Explain.
(2012)
3. Author's Special Rights. (2012)
5. Right to Secrecy. (2012)
4. Property Mark. (2012)
7. Fraudulent Imitation of Design. (2012)
6. Ariton Pillar Order. (2012)
8. Musical Works. (2012)
PART-C
14. A professor wants to protect his classroom teaching under the IPR law. How can he do it?
(2012)
16. A person wants to construct a house with the design similar to charminar. Can he do it?
Explain. (2012)
(2011)
1. New Plant Variety. (2011)
4. Performer's Right. (2011)
7. Exclusive Marketing Rights. (2011)
8. Anton Pillar Order. (2011)
PART-C
14. A computer programmer prepared a software programme. He wants to protect the same
in India. Advise him. (2011)

2011
1. Literary property. (2011)
7. Health emergency. (2011)
8. Piracy of design. (2011)
PART-C
[Link] IT professional intends to protect a unique computer programme written by him.
Advise him as to the proper mode of IPR Protection. (2011)

Certainly! Protecting software intellectual property (IP) involves several approaches. Let’s explore the
options:

1. Copyright: Software code can be protected through copyright. This grants the creator exclusive
rights to reproduce, distribute, modify, and display the code. Copyright is automatically obtained
upon creation of the original work, without the need for an application process1.
2. Patents: While software itself is generally not patentable, certain aspects of software can be patented.
Utility patents protect what the software does, while design patents cover decorative elements.
However, obtaining software patents can be challenging, and different countries have varying criteria
for patentability23.

In summary, copyright is the most straightforward way to protect software, while patents offer additional
layers of protection for specific innovations within the software. The IT professional should consider their
specific needs and consult legal experts to determine the best approach for their unique program. 😊

16. "Pembarti" near Hyderabad is town famous for manufacturing certain metal crafts. In view
of many unauthorized persons celling their pro-ducts as if they are produced at 'Pembarti' the
producers of the metal craft want to protect their unique product through IPRs. Advise them
as to the proper mode. (2011)

(2011b)
2. Service Marks. (2011b)
5. Author's Special Rights. (2011b)
6. Specifications of Inventions. (2011b)
7. Anton Pillar Order. (2011b)
8. Fraudulent Imitation of Design. (2011b)

2010
PART-A
3. Neighbouring Rights. (2010)
4. Music Piracy. (2010)
6. Lay-out Designs. (2010)
8. Compulsory License. (2010)
PART-C
15. An association of Udipi Hotels at Hyderabad would like to protect the "Idly Making Process"
used in all the hotels. Can it succeed? If so which law enables such Protection in India. (2010)