Question 1.

What is meant by ‘Industrial Property under the Intellectual Property

Rights (IPRs)? [June 2015 (3 Marks)]

Question 2.
Two persons applied for registration of the same trademark at the
same time. In such a case, how the proprietor of the trademark will
be decided? [June 2005 (5 Marks)]

Question 3.
Explain the term ‘Well Known Trademark’ as per Trademark Act,
1999. [Dec. 2008 (3 Marks)], [Dec. 2014 (5 Marks)]

Question 4.
Distinguish between: Collective Trademark & Certification
Trademark [Dec. 2009 (5 Marks)]
Question 5.
Distinguish between: Trademark & Certification Trademark [Dec.
2010 (5 Question 6.
Distinguish between: Infringement of trademark and Passing off
[June 2011 (5 Marks)]
Answer:
Question 7.
What do you understand by ‘Collective Trademark’? Also state the
provisions applicable to the collective marks under the Trademark
Act, 1999. [Dec. 2011 (5 Marks)]

Question 8.
State the absolute grounds for refusal of registration of a trademark.
[Dec. 2013 (3 Marks)]

Question 9.
Explain the meaning of the term ‘certification trademark’ under the
Trademarks Act, 1999. [Dec. 2015 (3 Marks)]

Question 10.
What is a ‘trademark’? Comment on the benefits of a trademark to
all stakeholders. [Dec. 2016 (5 Marks)]
It creates an image for the goods/services.

Question 11.
Pankaj, Director of M/s. Mustered Oil Manufacturing Company, seeks
your advice for the selection of a trademark which he proposes to be
used for its products. Describe various natures of trademarks and
which trademarks are considered as strong in nature. [Dec. 2018 (5
Marks)]

Question 12.
Govind has newly started a ready-to-eat food products
manufacturing company. He seeks your advice for the selection of a
trademark; for his products. Brief him with an example on the
following categories of trademarks referring to the provisions of the
Trademark Act, 1999:
1. Generic marks
2. Descriptive marks
3. Suggestive marks
4. Arbitrary marks
5. Invented/Coined marks
Also, suggest to him which Categories or Categories are strong and
which are weak with respect to the protection of Trademark rights.
[June 2019 (5 Marks)]

Question 13.
Write a short note on Enforcement of Trademark Rights [June 2019
(3 Marks)]

Question 14.
Tony Singh is a popular stage performer and M/s. Pon Sun Studios,
Chandigarh is having all the rights, titles, and interests in the
personality of the artist along with the trade. A company started
selling miniature toys of Tony Singh to encash his popularity. In the
light of statutory provision, examine the remedy available against
the company for infringing Tony Singh’s right to publicity [Dec.
2019(3 Marks)]
Question 15.
What do you understand by ‘Geographical Indications of Goods’?
Also state which classes of goods can be registered under the
Geographical Indications of Goods (Registration & Protection) Act,
1999?
.

Question 16.
What are the grounds for the prohibition of registration of
geographical indications under the Geographical Indications of
Goods (Registration & Protection) Act, 1999? [Dec. 2014 (5 Marks)]

Question 17.
What do you understand by the ‘Design’ Designs Act, 2000? Also
state the objective of the Designs Act, 2000.

Question 18.
Registration of certain designs is prohibited under the Design Act,
2000. Discuss. [Dec. 2015 (3 Marks)]
Question 19.
What do you understand by the infringement (piracy) of registered
design? [June 2014 (3 Marks)], [Dec. 2016 (3 Marks)]

Question 20.
One of the objectives of the Design Rules, 2001 is to enable
protection of newly created designs applying to an article
manufactured by a particular industrial process? Elucidate.
[Dec.2019(3 Marks)]

Question 21.
State the work in which copyright subsists and the work in which it
does not subsist? [Dec. 1999 (7 Marks)], [Dec. 2000 (6 Marks)]

Question 22.
State whether copyright in future work can be assigned and if so,
can the assignment be done for a part of the term of the copyright?
[Dec. 2000 (2 Marks)]

Question 23.
State whether the assignment of copyright shall be writing or not?
[Dec. 2000 (2 Marks)]
Answer:
Mode of Assignment [Section 19]:

1. The assignment must be in writing, duly signed by the assignor

or his authorized agent.
2. The assignment must specify details of work assigned, right
assigned, duration, and territorial extent of such assignment.
3. The assignment must specify the amount of royalty payable to
the author or his legal heirs.
4. If the assignee does not make use of the rights assigned to him
within a period of 1 year from the date of assignment, the
assignment shall be deemed to have lapsed unless otherwise
specified in the assignment.
5. If the period of assignment is not stated, it shall be deemed to
be 5 years from the date of assignment.
6. If the territorial extent of the assignment of the rights is not
specified, it shall be presumed to extend within India.
Question 24.
Manish assigned the copyright of his book to his nice Sujata in 2017.
In 2019, due to some misunderstanding between them, Manish
wants to revoke the assignment. Sujata contends that she has not
made any fault and that she had helped a lot and there is no ground
for revocation of assignment. Decide. [Dec. 2002 (6 Marks)]
Answer:
Facts of Case -Manish assigned the copyright of his book to his nice
Sujata in 2017. In 2019, due to some misunderstanding between
them, Manish wants to revoke the assignment. Sujata contends that
she has not made any fault and that she had helped a lot and there
is no ground for revocation of the assignment

Provision: As per Section 19A, if an assignee fails to exercise the

right assigned to him then Copyright Board may on receipt of a
complaint from the assignor and after holding an inquiry can revoke
such the assignment. However, the Copyright Board will not pass an
order to revoke the assignment unless the terms of the assignment
are harsh to the assignor (ie. Author). It is also provided that no
order to revoke the assignment can be passed within a period of 5
years from the date of assignment.

Thus, Manish can succeed to revoke the license only after 5 years of
the assignment if he shows to the Copyright Board that the terms of
the assignment are harsh to him.
Conclusion: Hence, Manish cannot revoke the assignment in 2019 if
he has made an assignment in 2017.

Question 25.
Whether registration of copyright is compulsory? Whether non-
registration deprives the owner of his right to bring both a civil and
criminal action against on offense of infringement? [Dec. 2000 (4
Marks)]
Answer:
Registration of copyright is not obligatory it is optional. Non-
registration does not deprive the owner of his right to bring both a
civil & criminal action against an offense of infringement. For
registering the work in copyright application has to be made in Form
IV with prescribed fee to the Registrar of Copyright.

Entries in Register of Copyrights [Section 45]: The author or the

owner or other person interested in the copyright may make an
application in Form IV accompanied by the prescribed fee to the
Registrar of Copyrights.

If the application is in respect of an artistic work, then an application

for registration should be accompanied by a certificate from
‘Register of Trademark’ that no trademark which identical or
deceptively similar to such artistic work has been registered under
that Act.

On receipt of an applicant for registration of copyright, the Registrar

may enter the particulars in the Register of Copyrights after holding
inquiry as he may deem fit.

Question 26.
What do you understand by ‘infringement of the copyright’? [June
2006 (5 Marks)]
Answer:
Meaning of Infringement of copyright: Any person without
authorization from the owner exercises these rights in respect of the
work, which has copyright protection, it constitutes an infringement
of the copyright.

When copyright infringed [Section 51]: In the following cases,

copyright in a work shall be deemed to be infringed:
(a) Doing anything without a license from the copyright owner.
(b) Permitting for profit without a license any place to be used for
the communication of the work to the public.

(c) Making or offering for sale or hire, or selling or letting for hire in
public or importing into India any infringing copy of the work.

(d) Imports into India any infringing copies of the work

Exception: Import of one copy of any work is allowed for private and
domestic use and it is not an infringement of copyright.

(e) Distributes either for the purpose of trade or to such an extent as

to affect prejudicially the owner of the copyright; or

(f) By way of trade, exhibits in public

Explanation: The reproduction of literary, dramatic musical, or
artistic work in the form of a cinematograph film shall be deemed to
be an infringing copy.

Question 27.
Write a short note on the Term of Copyright [Dec. 2010 (3 Marks)]
Answer:
Sections 22 to 29 deal with the term of copyright.

Type of work Term of copyright

Copyright in published literary, dramatic, A lifetime of the author (+) 60 year

musical, and artistic works beyond his death.

In the case of original literary, dram

The general rule is that copyright lasts for musical, and artistic works the 60 y
60 years. period is counted from the year foll
the death of the author.

Next 60 years from the year in whic

work has been first published. But i
Copyright in anonymous and
names are disclosed, it will be 60 ye
pseudonymous works
from the year following the year in
dies.

Copy right in the posthumous work Next 60 years from the end of the y
which the work has been first publis
Copyright in photographs
Copyright in cinematograph films

Copyright in sound records

Copyright in Government work

Copyright in works of public undertakings

Copyright in works of international

organizations

Next 25 years from the end of the

The broadcast reproduction right calendar year in which the broadca
made.
The above table depicting the term of copyright is given for the
information of the students. In the examination, the answer can be
written as given below

The general rule is that copyright lasts for 60 years. In the case of
original literary, dramatic, musical, and artistic works the 60 years
period is counted from the year following the death of the author.

In the case of cinematograph films, sound recordings, photographs,

posthumous publications, anonymous and pseudonymous
publications, works of government, and works of international
organizations, the 60 year period is counted from the date of
publication.

Meaning of certain words:

 Anonymous: (of a person) not identified by name; of unknown

name.
 Pseudonymous: Writing or written under an assumed name.
 Posthumous: Occurring, awarded, or appearing after the death
of the originator.
Question 28.
Discuss the provisions of the Copyright Act, 1957 relating to
infringement of copyright. [June 2012 (5 Marks)]
Answer:
Facts of Case -Manish assigned the copyright of his book to his nice
Sujata in 2017. In 2019, due to some misunderstanding between
them, Manish wants to revoke the assignment. Sujata contends that
she has not made any fault and that she had helped a lot and there
is no ground for revocation of the assignment
Provision: As per Section 19A, if an assignee fails to exercise the
right assigned to him then Copyright Board may on receipt of a
complaint from the assignor and after holding an inquiry can revoke
such the assignment. However, the Copyright Board will not pass an
order to revoke the assignment unless the terms of the assignment
are harsh to the assignor (ie. Author). It is also provided that no
order to revoke the assignment can be passed within a period of 5
years from the date of assignment.

Thus, Manish can succeed to revoke the license only after 5 years of
the assignment if he shows to the Copyright Board that the terms of
the assignment are harsh to him.

Conclusion: Hence, Manish cannot revoke the assignment in 2019 if

he has made an assignment in 2017.

Question 29.
The Copyright Act, 1957 provides for civil remedies for infringement
of copyright. Comment. [June 2008 (5 Marks)], [June 2013 (3 Marks)]
Answer:
Civil remedies for infringement of copyright [Section 55]:

1. Remedies: Where copyright is any work that has been

infringed, the owner of the copyright shall be entitled to
remedies like injunction, damages, accounts, etc.
2. No Damages: If the defendant proves that he was not aware
and has no reasonable ground to believe that copyright
subsisted in the work, then the only remedy available to the
plaintiff is to share profits of the defendant and an injunction in
respect of the infringement of copyright by the defendant.
3. Presumed Author: In any proceeding in respect of infringement
of copyright, if the author or publisher appears in on copies of
work then he shall be presumed to be the author or the
publisher of the work unless the contrary is provided.
4. Court Discretion: The Court has discretion in granting the costs
of the proceedings.
Question 30.
Discuss the classes of work for which copyright protection is
available under the Copyright Act, 1957 duly amended from time to
time. [Dec. 2018 (3 Marks)]
Answer:
Copyright subsists throughout India in the following classes of
works:
  Original literary.
 Dramatic work.
 Musical work (consists of music and also graphic notation of
such works but excludes any words or action intended to be
sung, spoken, or performed with music).
 Artistic works (painting, sculpture, drawing, engraving,
photograph, architecture, or any other work of artistic
craftsmanship (whether or not any such work poses artistic
work).
 Cinematograph films (work of visual recording on any medium
produced through a process from which a moving image may
be produced by any means and includes a sound recording
accompanying such visual recording).
 Sound recordings (recording of sounds from which sounds may
be produced regardless of the medium on which such
recording is made or the method by which the sounds are
produced).
Question 31.
Prof. Ritika Verma has authored a book ‘IFRS – A Practical & Simple
Approach’. She wants to get a copyright of the same under the
Copyright Act, 1957. Advice Ritika on the rights that are protected to
her after obtaining the copyright of the book. [Dec. 2018 (3 Marks)]
Answer:
Protection to Authors: Copyright protects the rights of authors, Le.,
creators of intellectual property in the form of literary, musical,
dramatic, and artistic works and cinematograph films and sound
recordings.

Following rights are protected:

 To reproduce the work.

 To issue copies of the work to the public.
 To perform the work in public.
 To communicate the work to the public.
 To make any translation of the work.
 To make any adaptation of the work.
(Conversion of dramatic work into non-dramatic work, literary work
into dramatic work, re-arrangement of literary or dramatic work,
depiction in comic form or through pictures of a literary or dramatic
work, transcription of musical work, or any act involving
rearrangement or alteration of existing work and the making of a
cinematograph film of literary or dramatic or musical work)

In addition to all the rights applicable to a literary work, the owner of

the copyright in a computer program enjoys the rights to sell or give
on hire or offer for sale or hire, regardless of whether such a copy
has been sold or given on hire on an earlier occasion.

Question 32.
In the light of the provisions of the Copyright Act, 1970, in the
following cases who are the owners of the copyrights:
(i) Musical Sound Recordings;
(ii) Works by Journalists. [June 2019 (3 Marks)]
Answer:
Copyright is the right of the artist, author, producer of films, etc.
who has created work by use of their artistic skills. Technically
owner of the copyright is its author. The term ‘author’ is in the Act
as follows:

Author [Section 2(d)]: Author means:

In relation to a literary or dramatic work The author

In relation to a musical work The composer

In relation to an artistic work other than a

The artist
photograph

In relation to a photograph The person taking the photograp

In relation to a cinematograph film or sound

The producer
recording

In relation to any literary dramatic musical

The person who creates the work
or artistic work which is computer-generated

Keeping in view of the above provisions of the Copyright Act, 1970,

owners of copyrights are:

1. In musical sound recordings: Lyricist, composer, singer,

musician, and the person or company who produced the sound
recording.
 2. In works by journalists during their employment: In the
absence of any agreement to the contrary, the proprietor.
Question 33.
Prerna has taken some books from Library and she wants to
reproduce “Verbatim” some pages from the book of her Ph.D. thesis.
She would like to know from you whether she will be violating any
Copyright protection in doing so. Also, brief her exceptions available
to protect the interest of the users under Copyright law. [Dec.
2019(3 Marks)]
Answer:
Facts of Case: Prerna has taken some books from Library and she
wants to reproduce “Verbatim” some pages from the book of her
Ph.D. thesis. She would like to know from you whether she will be
violating any Copyright protection in doing so.

Provision: Verbatim reproduction of pages of the book for the Ph.D.

thesis is not protected under the fair use doctrine of the Copyright
Act, 1957. The case of Fateh Singh Mehta v. OP Singhal decided by
the Rajasthan High Court deals with a similar set of facts whereby
the research thesis submitted by the respondent was copied
verbatim to large extent by the appellant for preparing his Ph.D.
thesis. It was held to be an infringement on part of the appellant.

In order to protect the interests of users, some exemptions have

been prescribed in respect of specific uses of works enjoying
copyright.

It includes:

 for the purpose of research or private study,

 for criticism or review,
 for reporting current events,
 in connection with a judicial proceeding,
 for the purpose of education and religious ceremonies
Section 52 of the Copyright Act, 1957 provides for various other
purposes which will constitute fair use of copyrighted material.

Conclusion: Therefore Prerna who is using the book for research

work has not violated a copyright

Question 34.
Who is entitled to make an application for a patent? [June 2007 (5
Marks)]
Answer:
Persons entitled to apply for Patents [Section 6]: An application for a
patent for an invention may be made by any of the following
persons:

1. True and first inventor of the invention.

2. The assignee of the true and first inventor of the invention.
3. The legal representative of a deceased person who was
entitled to make an application before his death.
An application may be made by any of the above persons either
alone or jointly with any other persons.
Eg: Ramlal invented a pen that can capture all data that is written in
which pen. Either Ramlal can apply for a patent or if he dies then
Randal’s wife can apply. If Ramlal assigned his invention to Reliance
Industries then Reliance Industries can apply.

Question 35.
Distinguish between: Invention & Patentable Invention [June 2008 (4
Marks)], [June 2009 (5 Marks)]
Answer:
Invention means a new product or process involving inventive steps
and £ capable of industrial application.

The invention is a product of original thought. Mere discovery of an

already existing principle is not an invention, e.g. Edison invented
the electric bulb while Columbus discovered America. The invention
must result in a new product or new result or new process or a new
combination.

The word ‘patentable invention’ is not defined anywhere in the

Patent Act, 1970. However, one can say that ‘patentable invention’
means invention for which patent can be granted under the Patent
Act, 1970. Section 3 enumerates the inventions which are not
patentable.

Question 36.
Mention any five inventions which are not patentable under the
Patents Act, 1970. [Dec. 2008 (5 Marks)]
Answer:
What is not Invention [Section 3]: This section gives the list of
inventions that are not patentable under the Patents Act, 1970.

Some of these are given below:

 An invention that is frivolous.

  An invention that claims anything obviously contrary to well-
established natural laws.
 Morality
 Injurious to public health
 a mere arrangement or re-arrangement or duplication of
known devices
 a method of agriculture or horticulture
 inventions relating to atomic energy
 The mere discovery of a scientific principle.
 The formulation of an abstract theory.
 Discovery of any living thing or non-living substance occurring
in nature.
 A mathematical or business method or a computer program
per se or algorithms.
 A literary, dramatic, musical, or artistic work or any other
aesthetic creation whatsoever including cinematographic
works and television productions.
 A presentation of information.
Inventions relating to atomic energy not patentable [Section 4]: No
patent shall be granted in respect of an invention relating to atomic
energy falling Section 20(1) of the Atomic Energy Act, 1962.

Question 37.
Does a patent obtain in India give worldwide protection? [Dec. 2012
(5 Marks)]
Answer:
Patents are territorial rights. In general, the exclusive rights are only
applicable in the country or region in which a patent has been filed
and granted, in accordance with the law of that country or region.
Therefore, separate patents should be obtained in each country
where the applicant requires protection of his invention in those
countries. There is no patent valid worldwide.