CHRIST (Deemed to be University), Bangalore – 560 029
School of Law
END SEMESTER EXAMINATION – MAY 2023
UG VI Semester
Programme Name: BALLB/BBALLB Max. Marks: 100
Course Name: Intellectual Property Law Time: 3 Hrs
Course Code: BAL/BBL 684
General Instructions
All rough work should be done in the answer script. Do not write or scribble in the question
paper except your register number.
Verify the Course code / Course title & number of pages of questions in the question paper.
Make sure your mobile phone is switched off and placed at the designated place in the hall.
Malpractices will be viewed very seriously.
Answers should be written on both sides of the paper in the answer booklet. No sheets should
be detached from the answer booklet.
Answers without the question numbers clearly indicated will not be valued. No page should
be left blank in the middle of the answer booklet.
Course Outcomes (COs): The students will able to
CO1: Identify the different forms of intellectual property and describe the
importance of protection of IP.
CO2 Understand the essential requirements of IP protection, duration, rights conferred and
remedies provided.
CO3 Apply the principles of IP protection to legal problems correctly.
CO4 Analyse the issues related to infringement of IP.
CO5 Draft legal instruments pertaining to registration and transfer of IP.
CO6 Evaluate as against other international legal frameworks related to IP protection and
articulate the problem areas for the deficiency.
CO7 Propose a solution to the existing IP problems in India.
Answer all the questions 5 X 20 marks = 100
Q. No Questions CO RBT
1 a) Define the ‘works’ in which copyright subsists under the Copyright Act, CO2 L2
1957. Explain the tests of the modicum of creativity and the skill and
judgement to determine originality of copyright protected works by
referring to the relevant precedent(s).
OR
b) Define Geographical Indications of Goods. Explain the conditions for
registration of geographical indications of goods as prescribed by the
Geographical Indications of Goods (Registration and Protection) Act, 1999.
Explain the grounds for infringement of registered geographical indications
under the Geographical Indications of Goods (Registration and Protection)
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Act, 1999.
a) Analyse the grounds for infringement of copyright as provided under
section 51 of the Copyright Act, 1957. Analyse the differences between
primary and secondary/contributory liability of copyright infringement.
Analyse the liability of MySpace for contributory copyright infringement
with reference to the Delhi High Court precedent in MySpace Inc. v. Super
2 Cassettes Industries. CO4 L4
OR
b) Analyse the grounds for grant of compulsory license on patents under
section 84 of the Patents Act, 1970. Analyse the reasons for grant of
compulsory license on the patent of Bayer Corporation to Natco Pharma
with reference to Bayer v. Natco.
a) Explain the concept of ‘dilution’ of trademark. Explain the grounds for
infringement of registered trademarks as provided under section 29 of the
Trademarks Act, 1999. Explain the application of section 29(4) of the
Trademarks Act, 1999 by the Madras High Court in Arudra Engineers Pvt.
Ltd. v. Patanjali Ayurved Ltd. and another.
3 OR CO2 L2
b) Explain the process for grant of patent in India as prescribed by the
Patents Act, 1970 with the help of a flow-chart. Explain the differences
between complete specification and provisional specification. What
components are required to be incorporated while filing the complete
specification?
a) Imagine you are appointed as the examiner of trademark applications by
the Controller General of Patents, Designs and Trademarks of India. You
have received 5 applications to register the following trademarks. Evaluate
the following applications for registration of the trademarks under the
Trademarks Act, 1999 and determine whether these trademarks can be
registered under the Act of 1999 with reasoned decision:
(i) Trademark Application 1: ‘7 Days A Week’, by a taxi service;
(ii) Trademark Application 2: “Ashok Chakra” for shaving products for
4 men; CO2 L5
(iii) Trademark Application 3: ‘Profitmaker’ for a mixer-grinder-blender;
(iv) Trademark Application 4: ‘Dropvit for an oral vitamin tablet;
(v) Trademark Application 5: ‘Flexgrip’ for pens/writing instruments.
OR
b) Critically examine the overlapping nature of protection provided by the
Copyright Act, 1957 and the Designs Act, 2000 in respect of protection of
artistic/industrial design with reference to the decision of the Delhi High
Court in Microfibers Inc. v. Girdhar & Co. and another (2019).
5 a) Nice Rice” is one of the top sellers of rice in the Malabar region of the CO3 L3
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state of Kerala. “Nice Rice” claimed to use the mark ‘MALABAR’ for
biryani rice from 2008. “Dice Rice”, another leading seller of rice in the
state started to use the mark ‘MALABAR GOLD’ for biryani rice from
2009. Both the marks are unregistered here. “Nice Rice” filed a suit in 2012
for passing off against “Dice Rice” before High Court of Kerala. “Dice
Rice” was allowed by Single Judge of the Kerala High Court to use the
word ‘MALABAR’ with word ‘BAROMA’ in the same font but the word
‘MALABAR’ may be increased with font size of not more than 25% than
the rest of the words or letters. Being aggrieved, “Nice Rice” preferred
appeal before Division Bench. Can “Nice Rice” claim exclusive rights in
respect of using the mark ‘MALABAR’ for selling biryani rice and injunct
“Dice Rice” from using ‘MALABAR’ mark on the ground of passing off?
Frame the arguments by applying the relevant provisions under Trademarks
Act, 1999 and appropriate precedents.
OR
b) Pixie Studio is in the midst of producing an animated movie, Pumpkin.
The title character is adopted by a little boy, who finds the orange kitty
sleeping on a warm jack-o’-lantern late one Halloween night. A month
before the movie is ready to open, a rival studio suddenly comes out with
Tango, an animated tale about a boy who finds a stray kitten one
Thanksgiving, sleeping in the boy’s furry boots. Like Pumpkin, the movie
has various scenes of an outdoor cat adapting to indoor life, encountering
various household appliances for the first time, learning about the wonders
of the food and water dishes. It turns out that the rival learned about the
basic storyline of Pumpkin through industry gossip. Pixie’s executives are
outraged about the blatant theft of their intellectual work. Can Pixie Studio
sue the rival studio for copyright infringement under the Copyright Act,
1957? Determine the liability for copyright infringement of the rival studio
by applying the principle of Scènes à faire and the precedent of RG Anand
v. Deluxe Films.
Revised Bloom’s Taxonomy (RBT) Levels:
L1 – Remembering L2 – Understanding L3 – Applying
L4 – Analyzing L5 – Evaluating L6 - Creating
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