O.P.

Jindal Global University

Jindal Global Law School
End-term Examination

SET A

Course Name : Intellectual Property Law

Course Code : L-CL-002
Programme : B.A., LL.B. (Hons.), B.B.A., LL.B. (Hons.)
Duration : 24 Hours
Maximum Marks : 50

This question paper has xx (xx) printed pages only.

Instructions to students:

 This is a take-home examination.

 This question paper is worth 50 marks in total.
 This question paper has total of 7 questions divided in two parts.
 You have to attempt ANY TWO from PART A (worth 15 marks each;
Word limit: 1000 words each)
 You have to attempt ANY TWO from PART B (worth 10 marks each;
Word limit: 500 words each)
 Please ensure that your submission strictly adheres to JGU plagiarism/
Similarity guidelines.
 Ensure the submissions are done in a compatible file format adhering to the
guidelines provided in the question paper regarding file format and name of the
document.
 Please follow the instructions provided in the question paper regarding name
of the document/ folder to be submitted. In case there is no instructions kindly
follow the format provided below:
<JGUID>_<Name>_<Surname>_<Course
Name>_<Programme>_<Batch>
For Example:
20172291_Ram_Khandelwal_Introduction_to_Sociology_BBA_2017
 Kindly adhere to the duration/timelines of the examinations. Submission
outside the permitted time-window may attract marks-based penalty, grade
drop or non-evaluation.
_________________________________________________________

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 PART - A

Q1: Patent Law

A. Answer the following question [ 12 Marks]

You are the Controller of Patents in the Republic of Qaharat (laws are pari materia to
India). On 10th December, 2018, an Indian pharmaceutical company named Sahas
Pharma made an application requesting a Compulsory License for producing and
manufacturing Cartinib, which is a patented drug by Myzer Corporation. In their
application, Sahas Pharma has averred that they would be offering the generic version
of Cartinib at a price of Rs. 10,000 (monthly supply) if granted the CL. Decide
whether a CL is to issued in this case based of following relevant facts:
Republic of Qaharat, is a lower-middle income country according to World Bank data.
According to World Health Organization statistics, it has a low cancer rate (250 per
100,000) however, soft-tissue sarcoma is one of the more common forms of cancer
prevalent in Republic of Qaharat. According to the national health census in 2018
there were total of 20000 patients who were diagnosed with soft tissue sarcoma.
Myzer Corp is a well-known biomedical company with its main headquarters in New
York. It has two production units in United States and one production unit in France
dedicated specifically for its oncology division.
In 2013, Myzer Corp developed a new drug named Cartinib. It is a new generation anti-
sarcoma medication with immense promise. Myzer Corp started the research on
Cartinib in 2005, in association with Stanford Cancer Institute (a research institute
within a public university) and did develop and research the medical properties of the
relevant organic compound. After this promising groundbreaking result, the World
Cancer Research Foundation awarded Myzer Corp an Advance Grant of 500 million
USD to finalize and apply for regulatory approvals after clinical trials.
By early 2015, this drug had received regulatory approval in many countries around
the world and is considered to be an effective medication for the treatment of patients
with advanced soft tissue sarcoma especially after failure of previous generation drugs
or for patients who couldn’t take previous generation drugs because of complications.
Citing quality control issues, it has repeatedly refused licensing or outsourcing of the
manufacture of Cartinib and has only utilized its production facilities in United States
to meet global demand. Based on its own assessment, Myzer has set fixed a share for
each country. This, according, to Myzer helps in a fair allocation and ensures that
Cartinib is reasonably available in most countries. Based on this, Myzer offers for sale
50000 units (one unit is monthly supply for a single patient).
Myzer Corp made a patent application for Cartinib, which was successful, and a patent
was granted on 5th November, 2015. Cartinib has been available in since December
2016 and Myzer initially marketed Cartinib in Qaharat at a single global price of 3000

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USD (monthly supply) but after serious concerns raised by medical professionals and
civil society organisations, reduced the price to 1200 USD (monthly supply). Myzer
has also included Republic of Qaharat as one of the countries when they offer a
preferential scheme called Equal Assess Package (EAP). As per the terms of EAP,
hospitals as well as individual patients would be given an additional discount of 35%
on bulk purchase of three months of dosage.

B. Answer the following question [3 Marks]

Sahas Pharma has received the following notice from Myzer. Draft a short response to
it on behalf of Sahas Pharma
This notice is in reference to the participation of two of your subsidiary
labs in the research project organized by Indian Council for Medical
Research (ICMR) and Indian Institute of Science (IISC) titled “Cost-
effective scaling: Oncological medical interventions”
We have it on good authority backed by sufficient evidence that some
of the work inputs offered by your subsidiary labs, especially dealing
with multicomponent crystal formations involving Cartinib, (as
provided in the ICMR Yearly Report 2018) is a direct infringement of
our Patent No. QHRT0029981 which would be valid until November
2035. As you may be aware, by virtue of Section 48 of Patent Act 1970,
Patentees are granted a right to exclude third parties from the act of
making and using patented products. Thus, we request you to
terminate your participation in the abovementioned project or limit it
in a manner consistent with our rights as provided in the
abovementioned section. We would like to notify that we would be
pursuing all legal remedies if the infringing activities on your part
continue.

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Q2: Copyright Law

[15 Marks]

Jens Haaning is a modern artist. In 2007 and 2011 he used currency notes as the tool
for an artwork in order to depict the income inequality within various countries. In
2021 he was commissioned by a modern art museum (the Museum) to make a similar
artwork to be displayed in their institution and provided him with a large sum of

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money in the form of currency notes in order for him to make the artwork as well as a
small amount of money as payment for his artwork. However, when the time came for
him to complete his artwork, he sent the museum two blank and empty canvases in
black and gold wooden frames which were entitled ‘Take the Money and Run’.
When the museum contacted him about this, he released the following statement:
“The work is that I have taken their money. It’s not theft. It is breach of
contract, and breach of contract is part of the work. I encourage other
people who have working conditions as miserable as mine to do the same.
If they’re sitting in some shitty job and not getting paid, and are actually
being asked to pay money to go to work, then grab what you can and beat
it.”
The Museum decided to initiate legal proceedings against Mr. Haaning but also
decided to display the artwork in their main exhibition.
In light of the above, answer the following:
1. Will this work “Take the Money and Run” meet the requirements of originality
to receive a copyright?
2. Assuming that ‘Take the Money and Run’ has received a copyright, can the
Museum claim any rights over the artwork. Evaluate the claim of the Museum
in context of concepts of authorship and ownership.

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Q3: Trademark Law

[15 Marks]

India Unilever Ltd. (IUL) is a company registered in India engaged in the manufacture
and sale of hygiene and personal care products. In March 2020, due to rising
coronavirus concerns, the demand for hand sanitizers increased significantly. IUL
decided to launch a hand sanitizer in the Indian market and registered a trademark
‘COROCLEAN’ in Class 5 category (Class 5 : Pharmaceutical, veterinary and sanitary
preparations; dietetic substances adapted for medical use, food for babies; plasters,
materials for dressings; materials for stopping teeth, dental wax; disinfectants;
preparation for destroying vermin; fungicides, herbicides).

In June 2020, ATC Ltd. (ATC), a rival company, launched a hand sanitizer by the
brand name ‘COROKILL’. As part of its aggressive marketing campaign, ATC
advertised COROKILL through newspaper and television commercials.
Advertisement hoardings were placed by ATC right next to those of COROCLEAN at
multiple places throughout India. Each commercial, including ATC’s hoardings,
carried the following tagline: “COROKILL: Better at cleaning, better at killing!”

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Aggrieved by this behaviour, IUL filed an infringement suit against ATC. IUL claimed
that ATC had infringed its trademark through the use of a deceptively similar mark
and disparaging advertisements.

Decide the suit by analysing arguments for both sides using relevant legal
principles, statutory provisions, and case-law.

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PART - B

Q4

Explain and comment upon the most important defining features of

international/global intellectual property law

Q5

“A claim that recites an abstract idea must include additional features to ensure that
the claim is more than the drafting effort designed to monopolize the abstract idea”
Comment upon and critically analyse this observation from Alice Corp Ltd
v CLS Bank International.

Q6

The Chancellor, Masters & Scholars of University of Oxford and Ors. Vs. Rameshwari
Photocopy Services and Ors. 235 (2016) DLT 409 (the DU Photocopying case) holds
that photocopying of material for educational purposes is permitted Under Section
52(1)(i) of the Copyrights Act, 1957 and states the following:
“So fundamental is education to a society - it warrants the promotion of equitable
access to knowledge to all segments of the society, irrespective of their caste, creed
and financial position. Of course, the more indigent the learner, the greater the
responsibility to ensure equitable access.”
Can this provision be used by a private for-profit institution such as
coaching centres like Byju’s and Career Launcher?

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 Q7

“Most of the courts globally have accepted 'territorial doctrine over universality
principle', so as to establish the goodwill and reputation in a particular jurisdiction.
Therefore, in order to follow the Territoriality Doctrine, one has to show adequate
evidence that he has acquired a substantial goodwill in India for its mark.".

In light of the above statement, critically examine the concept of

transborder reputation of trademark as developed by Indian judicial
precedents.