JGLS IPR Re-sit Exam Guidelines 2020
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Powered by AIGPL may argue infringement of their prior rights over the ‘Graffiti’ trademark if they can establish prior and substantial use despite their mark being removed from the registry. However, VMS could defend itself by demonstrating that it has used ‘Graffiti’ continuously and exclusively since 2000. Moreover, VMS might argue ‘Graffiti’ is generic if they can show it describes a style of goods like Graffiti designs commonly understood in the industry, thereby lacking distinctiveness necessary for a trademark .
ABC Publishers might argue that the translation into Mandarin serves an educational purpose, which under Section 52, could be considered a 'fair dealing' exception for academic use. However, they are deprived of direct authorization, making it problematic without official permission. While the statute itself is public domain, any specific organized presentation or commentary in the translation could potentially infringe on other rights .
The Ministry has a legal obligation to respect Ravi Sutar's moral rights as the artist. The removal should not alter, destroy, or miscommunicate the intended artistic message unless explicitly agreed upon. Such rights are protected under Indian copyright law, emphasizing the integrity and authorship of artists. Violation of these rights could result in legal repercussions, unless the Ministry can demonstrate that its actions do not harm the artistic integrity or attribution .
The Controller should consider the grounds of public health needs against the proprietary rights of Sanofi. Cipla's request might be justified if it can demonstrate non-availability or affordability issues associated with Jevtana. Under Section 84 of the Indian Patents Act, Cipla must prove that the patented invention is not publicly available at a reasonable price, is not produced adequately to meet public demand, or if the reasonable requirements of the public for the patented invention have not been satisfied. If such conditions are met, following precedents like the Bayer v. Natco case, the Controller could grant the compulsory license .
Under Section 3 of the Patents Act, 1970, the mere discovery of a new form of a known substance or a living or non-living substance occurring in nature is not patentable. However, if Muir & Co.'s process of isolating and using the nucleic acid sequence results in a novel and non-obvious transgenic plant with significant application (e.g., pest resistance), it might qualify for patent protection, provided it meets all other patent requirements and is not merely a discovery .
'Crazy Ball', descriptive of its characteristics (extraordinary elasticity), may have difficulty in being registered unless it acquires distinctiveness through use. On the other hand, 'APPLE' for a clothing line is a valid trademark since it does not describe the product and is distinctive, assuming no likelihood of confusion with existing marks .
Ravi Sutar could invoke his moral rights under the Copyright Act, 1957, which protect the integrity and attribution of his creations. If the relocation alters or affects the artistic integrity of the work or does not attribute his authorship properly, he may have a case for infringement of moral rights. The specific situation depends on whether the relocation misrepresents or dishonors the original context of the artwork .
Cipla’s justification hinges on demonstrating that Sanofi's pricing and bundling adversely affect the public availability and access to Jevtana. The law fairly supports compulsory licenses to prevent abuse of patent rights where public interests are harmed. The case presents grounds similar to the Bayer v. Natco case, where inaccessible high pricing prompted a compulsory license to meet public health needs .
The Indian Patents Act typically grants patents for a term of 20 years from the date of filing, aligning with the TRIPS Agreement that India is a signatory to. Extending the patent term exclusively for American applicants violates both the national treatment obligation – which requires treating foreign applicants the same as domestic ones – and the TRIPS Agreement. Hence, unless amended, India's policy may be unenforceable under the current legal framework .
In determining if Vishal's video constitutes fair use, several factors need to be considered. Firstly, the purpose and character of the use, including whether it is commercial or for nonprofit educational purposes, is central. Vishal’s parody might favor fair use due to its transformative nature, adding new expression and meaning. Secondly, the nature of the copyrighted work, which is a published musical piece, must be considered. Thirdly, the amount and substantiality of the portion used is essential; while Vishal’s video is shorter, it reproduces a significant portion of the song's recognizable elements. Finally, the effect of the use upon the potential market is crucial, as significant economic competition with the original could negate fair use .