0% found this document useful (0 votes)
203 views18 pages

CSE-PVQ-ECIPL (1) .Docx: 'Resident

The document outlines various legal questions and scenarios related to the Foreign Exchange Management Act, Consumer Protection Act, and other laws, focusing on remittances, foreign contributions, money laundering, and consumer rights. It includes case studies and inquiries about the applicability of laws in specific situations involving individuals and organizations. Additionally, it discusses the roles and functions of regulatory bodies like the Reserve Bank of India and the implications of legal provisions on economic activities.

Uploaded by

devisha578
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
203 views18 pages

CSE-PVQ-ECIPL (1) .Docx: 'Resident

The document outlines various legal questions and scenarios related to the Foreign Exchange Management Act, Consumer Protection Act, and other laws, focusing on remittances, foreign contributions, money laundering, and consumer rights. It includes case studies and inquiries about the applicability of laws in specific situations involving individuals and organizations. Additionally, it discusses the roles and functions of regulatory bodies like the Reserve Bank of India and the implications of legal provisions on economic activities.

Uploaded by

devisha578
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 18

22:30 0 ■ 111 4G LIL}

CSE-PVQ-ECIPL[1].docx v

CSE-ECIPL-PYQ
1. Law relating Foreign Exchange Management
Q. Explain and justify the following cases of 'Resident
Individuals' under Foreign Exchange and Management Act,
1999:
(i) Tushar Mehta wishes to remit a sum ofUSD 50,000 as gift
to his daughter in France. Whether he can do so ?
(ii) Deepa, a young girl aged 22 years, wishes to go to Poland
for a private visit and she wishes to obtain USD 2,75,000/- for
her private visit. Can she obtain ?
(iii) Akanksha,a software engineer is going for an
employment in Budapest, requires a sum OfUSD 99,000
for her settlement abroad. Does she require prior approval
of Reserve Bank of India ?
(iv) Sandeep Sharma VP in a Domestic Indian company is
going to visit the company plant location in New York for 30
days. He estimated a sum ofUSD 3,00,000 as expenditure.
This is his first visit during the FY 2024-
2025. Can he do so?
(v) Parents of General Manager Sushant Agarwal from Delhi,
is residing in Germany.He seeks your consultancy in sending
a sum ofUSD 2,02,500 to his parents for their maintenance?
(5 marks)
Q. Enumerate the functions of Reserve Bank of India. Among
them, explain the banking functions of Reserve Bank of India.
(2+3=5 marks)
Q. Explain the "Manner of Repatriation" of Foreign Exchange
as per the Foreign Exchange Management Act, 1999. (4
marks)
Q. Discuss the provisions for Liberalized Remittance
Scheme with respect to remittances for making tour
arrangements or for providing hotel accomodation for
foreign tours. (4 marks)
Q. Vinesh is a person resident outside India. He wishes to
acquire the Immovable property in India for carrying on a
permitted activity. Explain whether Vinesh can do so
under Section 6(5) of the Foreign Exchange and
Management Act, 1999? (5 marks)
Q. Discuss the 'Public Debt Functions' of the Reserve
Bank of India as per Reserve Bank of India Act, 1934. (5
marks)
Q. Define the terms 'Foreign Exchange' and 'Foreign
Security' under Foreign Exchange Management Act, 1999.
Bank of India as per Reserve Bank of India Act, 1934. (S
marks)
Q. Define the terms 'Foreign Exchange' and 'Foreign
Security' under Foreign Exchange Management Act, 1999.
(S marks)
Q. Which remittances by persons other than individuals
require prior approval of the Reserve Bank of India under
the Foreign Exchange Management Act, 1999? (4 marks)
Q. State the permissible capital account transactions by an
individual under Liberalized Remittance Scheme (LRS).
(4 marks)
Q. Enumerate (Name) the functions of Reserve Bank of
India as given under Reserve Bank of India Act, 1934. (4
marks)
Q. What facilities are available in case of private visits and
for emigration under the Liberalized Remittance Scheme
(LRS) ? (4 marks)
Q. Whether following remittances by Resident Individuals
need prior approval of Reserve Bank of India : (i) Geeta gifts
to her sister in New York USD 2,45,000.
(ii) Manav spends USD 3,50,000 as fees for an Academic
Course in New Zealand.
(iii) Ishan spends USD 1,75,000 on European Tour.
(iv)Ashima is going to Australia for Emigration and she wants
to draw USD 2,75,000. (4 marks)
7. Law relating to Foreign Contribution Regulation
Q. What is a 'Foreign Company' and what are the conditions
for receiving Foreign Contribution by a Person Resident in
India as per provisions of the Foreign Contribution
(Regulation) Act, 20 I 0.
(5 marks)
Q. Describe the modes through which a person can accept
Foreign Contribution, under Section 4 of the Foreign
Contribution (Regulation) Act, 2010.? (3 marks)
Q. Gama is resident in India and citizen of India. He is
going to receive the foreign contribution from US. Explain
the foreign contribution and conditions under which he
can receive such foreign contribution under Foreign
Contribution (Regulation) Act, 2010? (5 marks)
Q. "Certain organizations/individuals are debarred from
receiving foreign contributions". List these
organizations/individuals as per Section 3(1) of the
Foreign Contribution (Regulation) Act, 2010
(5 marks)
Q. Amit, a director of a Public Limited Company was on a
business trip to USA. Suddenly, he developed chest pain
there and was provided medical treatment in a hospital,
the funds for which were provided by one John, a US
national who happened to be his friend. Did Amit violate
the provisions of the Foreign Contribution Regulation Act,
2010? Give reason. (5 marks)
Q. Explain the provisions of section 5 of the Foreign
Contribution (Regulation) Act, 2010 relating to procedure
to notify on Organization of a political nature. (5 marks)
Q. When can the assets created out of Foreign
Contribution be disposed of under Section 22 of the The
Foreign Contribution (Regulation) Act, 2010. (4 marks)
ANS: Section 22 of Foreign Contribution (Regulation) Act
2010 nrovides that where any_nerson who was nermitted
to accent foreign contribution under this Act ceases to
exist or has become defunct, all the assets of such person
shall be disnosed of in accordance with the nrovisions
contained in anY. law for the time being in force under
which the nerson was registered or incornorated and in
the absence of such law, the Central Government maY.
having regard to the nature of assets created out of foreign
contribution received under this Act bY. notification,
iP-ecifY. that all such assets shall be disnosed of bY. such
authority., as it may_s~"y., in such manner and procedure
as maY. be nrescribed.
8. Prevention of Money Laundering
Q. Ravinder is a public servant and a sum of' 50 Lakhs was
recovered from his car parked outside his house while he was
sitting in his car with Uttam, a businessman who allegedly
handed over this money to clear his Income Tax file pending
with Ravinder. Explain whether this money can be regarded as
'Proceeds of Crime' under the Prevention of Money
Laundering Act, 2002 ? What defense can Ravinder submit to
prove that he is not guilty ? Support your answer with relevant
case law. (5 marks)
Q. What are the impacts of money laundering on
economic development? (3 marks)
Q. What is meant by "Regulated Entities" (REs) under the
Prevention of Money-Laundering Act, 2002?(5 marks)
Q. Define Money Laundering under Section 3 of the
Prevention of Money Laundering Act, 2002. What is the
punishment for offence of money laundering under Section 4
of the Act? (3 marks)
9. Law relating to Fugitive Economic Offenders
Q. Explain the Rules of Evidence and Standard of proof
required by the Special Court under Fugitive Economic
Offenders Act, 2018.(3 MARKS)
Q. Discuss the power of survey by director under law
relating to Fugitive Economic Offenders Act, 20l8 ? (5
marks)
Q. Faizal is a fugitive economic offender and has left India to
avoid legal proceedings against him. Discuss the provisions
relating to power of civil/tribunal to disallow civil claims and
attach his property. (3 MARKS)
10. Law relating to Benami Transactions & Prohibition
Q. Explain the provisions of 'Offences by Companies' under
Section 62 of the Benami Transactions (Prohibition) Act,
1988. (5MARKS)
Q. State the provisions relating to 'Possession of property'
for which the order of confiscation has been passed under
the Benami Transactions (Prohibition) Act, 1988. (3
marks)
Q. How is the Management of properties confiscated
under the Law relating to Benami Transactions and
Prohibition ? (SMARKS)
Q. How the properties confiscated are managed as per
Section 28 of the Benami Transactions (Prohibition) Act,
1988? (3 MARKS)
Q. 'A', an individual by a transaction, purchased a house
in the name of his wife. Consideration of transaction was
paid by 'A' out of his known sources. Government seized
the house claiming it to be a benami property. Decide.
Whether the action of the Government is justified under
the Prohibition of the Benami Transaction Act, 1988 ? (5
marks)
Q. Elaborate the law and procedure in respect of confiscation
and vesting of benami property under the Benami
Transactions (Prohibition) Act, 1988. (4 marks)
22:310 ,Ill 4G ·U·

CSE-PVQ-ECIPL[1].docx v

12. Law relating to Consumer Protection


Q. Lokesh was suffering from a serious ailment. He was
admitted to a Well-Known private hospital in Gurugram. He
was subjected to various tests. Even after diagnosis and
subsequent treatment, his condition deteriorated. The doctor
advised surgery during which Lokesh collapsed and died.
Sushma his wife, preferred a claim for compensation of ' 50
lakhs under the Consumer Protection Act for deficiency in
services. The hospital authority contented that medical
profession was being unnecessarily hounded. Is the contention
tenable ? Refer the relevant case law as per the provisions of
Consumer Protection Act, 2019 (5 MARKS)
Q. Anurag purchased a bottling machine and appointed Anuj
exclusively to operate the machine. Explain, whether Anurag
is a consumer under Consumer Protection Act, 2019. If he
purchases and operates the machine by himself, will he be
considered as consumer. (4 marks)
Q. Explain the liability of Product Service Provider under
Section 85 of the Consumer Protection Act, 2019. (3
MARKS)
Q. "Shardha Heights," a duly registered welfare society,
took the proactive step of filing an application with the
District Consumer Disputes Redressal Commission. The
application was on behalf of 12 allottees who had
encountered significant issues with Shobha Ltd. a real
estate developer. These allottees alleged that despite
booking units with Shobha Ltd. on various dates and
making substantial payments towards the purchase, they
had yet to receive possession of their properties. However,
the District Commission took a decisive stance, rejecting
the complaint lodged by Shardha Heights. Their decision
rested on the assertion that Shardha Heights lacked the
necessary legal standing, or locus standi, to file such a
complaint. 'The Commission reasoned that Shardha
Heights did not qualify as either a 'Consumer' or a
'Recognised' consumer association' under the applicable
regulations.
In light of this setback, Shardha Heights is now seeking to
appeal against the District Commission's ruling.
Considering the above statements, answer the following
questions:
(i) Define Recognised Consumer Association as per
Consumer Protection Act, 2019? (2 marks)
(ii) Whether Shardha Heights is a 'Recognised Consumer
Association' as per Consumer Protection Act, 2019?
Explain. (2 marks)
22:310 ■ 1114G ■7·

CSE-PVQ-ECIPL[1].docx v

(iii) What is the Manner of filing Complaint to District


Consumer Disputes Redressal Commission under Section
35 of the Consumer Protection Act, 2019? (3 marks)
(iv) Can complaint be filed before Consumer Commission
online ? Explain. (2 marks)
(v) To whom an Appeal can be filed by Shardha Heights
against the order of District Consumer Disputes Redressal
Commission and what is limitation period for doing so ? (2
marks)
(vi) What are the restrictions on filing an appeal against
the order of District Consumer Disputes Redressal
Commission? (2 marks)
(vii) State the constitution of the District Consumer
Disputes Redressal Commission. (2 marks)
Q. Anya bought goods worth ' 5 lakh to be installed in her
house in Delhi. There is a defect in the goods and she
intends to make the complaint in the consumer forum.
State the forum where she can make the complaint and
discuss its jurisdiction as per the Consumer Protection
Act, 2019.
(4 marks)
Q. Tiya purchases a laptop for her sister Siya from HP.
The laptop had initial installation issues, when taken to
the manufacturer's service centre defect in the laptop was
detected. The company refuses to redress the issues faced
by Siya on the pretext that she was not the consumer.
On the basis of the above case, answer the following
questions:
(i) Can Siya be treated as a consumer as she is not the
person who purchased the laptop ?
(ii) If this laptop was purchased through amazon, explain
the duty of the e commerce giant in case of grievance.
(iii) Had a mediator been appointed to settle the issue,
what is the procedure of mediation as given in provision.
(5 marks)
Q. Trilok purchased a tractor from Jahanvi Limited for tilling
the land but he used it during idle time for transportation of
agricultural produce on hire. Some defects were developed in
the engine of the tractor. He complained to Jahanvi Limited,
but all in vain. Then he filed a suit in Consumer Dispute
Redressal Forum for damages caused by the defects. Jahanvi
Limited pleaded that Trilok is not a 'consumer' within the
definition of section 2(i) (d) of the Consumer Protection Act,
1986, as he is using the tractor for commercial purposes.
Whether Trilok will succeed in his case? Refer to relevant
provision of Law in support of your answer with reference to
13. Legal Metrology
Q. Examine the rationale of enacting the Essential
Commodities Act, 1955. (5 marks)
Q. State the penalty provisions for manufacturing or
selling weight or measure, which does not conform to
standards of weight/measure as specified under Section 27
of the Legal Metrology Act, 2009. (3 marks)
Q. Mukesh is a manufacturer of 'Jaggry Powder' and
brings this product into the market in the pre-packaged
form but the Retail price and Quantity has not been
mentioned on the Packet. Is it an offence under the Legal
Metrology Act, 2009 ? If yes, what are the penalties for
this offence? Will your answer be different if Mukesh
mentions the wrong quantity on pre-packaged 'Jaggry
Powder'? (5 marks)
Q. What is the penalty for use of non-standard weight or
measure under Section 25 of the Legal Metrology Act,
2009 ? (3 MARKS)
14. Real Estate Regulation and Development Law
Q. "Neev Builders" launched a luxury housing project, issued
a prospectus and advertised that these spacious apartments
would have scenic views and all the global amenities. Umesh
was impressed by this advertisement and made advance
payment to book an apartment. However, later discovered
several significant disparities and amenities from the promises
made in the advertisement. Umesh wants to withdraw from
the project.
Answer the following questions as per the provisions of Real
Estate (Regulation and Development) Act, 2016:
(i) Explain the obligations ofNeev Builders regarding
veracity of the advertisement or prospectus.
(ii) Can Umesh withdraw from the project? (2+3=5 marks)
Q. Define 'Internal Development works' and 'External
Development works' under the Real Estate (Regulation
and Development) Act, 2016. (3 marks)
Q. Rajeev booked a Flat in a housing scheme named
'Alpha Tower' Launched by Alpha Pvt. Ltd. by paying the
booking amount and executing the 'Buyer's Agreement'.
As per the Buyer's Agreement', Flat was to be delivered
with 3 years of the Agreement but the promoters of the
Company failed to deliver the Flat even after 5 years.
Rajeev wants to withdraw from the project and wants the
refund of amount paid. Discuss as per the provisions of
Real Estate Regulation and Development Law whether
Rajeev can withdraw from the Project ? What is the
remedy available to Rajeev, if he does not wish to
withdraw from the project? (5 marks)
Q. 'Company Secretaries are a one stop professional
advisory services for Real Estate Projects'. Comment in
the context of Real Estate (Regulation and Development)
Act, 2016. (4 marks)
Q. Apartment and Building under Real Estate (Regulation and
Development) Act, 2016
(3 marks)
22:32 0 ,Ill 4G ■1•

CSE-PVQ-ECIPL[1].docx v

15. Intellectual Property Rights


Q. A food and beverage company wants to protect its unique
recipe under Trade Secrets law. Can they do so ? Explain the
concept of 'Trade Secrets' with examples. State the duration
and conditions for preservation of the trade secrets. (5 marks)
Q. What are main topics addressed by Trade Related
Aspects of Intellectual Property Rights (TRIPS)
Agreements? (5 marks)
Q. What is meant by an Industrial property under the
Intellectual Property Rights? (5 marks)
16. Law relating to Patents
Q. Ravi holds Patents for a specific design of tamper-proof
locks sold under the trade mark "Tech-Lock". He sought an
injunction against Sumit for infringement of his patented
invention and restrain claiming a patent of addition. Sumit
contends that patent of addition does not disclose the
innovative step.
(i) State the rules relating to "Patent of Addition" as per
Section 54 of the Patent Act, 1970.
(ii) State with support of case law whether the application by
Ravi can be rejected on the ground of innovative step ?
(3+2=5 marks)
Q. Write short notes on the following with regard to the
Patents Act, 1970 : I Compulsory Licences I Patent Agent.
(3+2=5 marks)
Q. In the case of Bishwanath Prasad Radhey Shyam Vs.
Hindustan Metal Industries, (1979) 2 sec 511, it was held
by the Hon 'hie Supreme Court of India that the object of
Patent law is to encourage scientific research, new
technology and industrial progress. A limited-time grant
of the only right to own, use, or sell a patented method or
product encourages the development of new commercially
useful inventions. The disclosure of the invention to the
Patent Office, which becomes public domain after a
predetermined duration of the monopoly, is the cost of the
monopoly grant.
In Raj Prakash Vs. Mangat Ram Choudhary AIR 1978
Delhi I, it was held that inventive creation, as is notable, is
to discover something or find something not found or
found by anybody previously. It isn't essential that the
invention ought to be anything confounded. The
fundamental thing is that the creator was first to embrace
it. The main issue in this manner, is that each basic
creation is asserted, as in the form of novelty or new
character, it will be considered as an invention and the
22:32 0 ,Ill 4G lU·

CSE-PVQ-ECIPL[1].docx v

In Raj Prakash Vs. Mangat Ram Choudhary AIR 1978


Delhi 1, it was held that inventive creation, as is notable, is
to discover something or find something not found or
found by anybody previously. It isn't essential that the
invention ought to be anything confounded. The
fundamental thing is that the creator was first to e m b o
it. The main issue in this manner, is that each basic
creation is asserted, as in the form of novelty or new
character, it will be considered as an invention and the
cases & specifications must be perused in that light.
Section 2(1) (ja) of the Patent Act, 1970 defines the term
inventive step as to mean a feature of an invention that
involves technical advance as compared to the existing
knowledge or having economic significance or both that
makes the invention not obvious to a person skilled in the
art. Section 6 of the Act provides that who can make an
application for a patent for an invention.
Consider the above statements, answer the questions:
(i) What are the criteria for patenting the invention?
(ii) Are mathematical or business methods, computer
programs per se, or algorithms patentable?
(iii Explain. What can be Patented?
(iv) State any two advantages of patent.
(v) Ramchand invented a medicine and was about to apply
for a patent. However, he passed away before applying.
Can his legal representative apply for the patent? (2
marks each)
Q. Amit, an Indian Resident, wants to make an
application outside India for the grant of a patent for an
invention. Explain whether he can apply outside India as
provisions of the Patents Act, 1970 ? What will be your
answer if the invention is relevant for defence purpose ? (5
marks)
Q. X Pharmaceuticals Ltd., a renowned pharmaceutical
company engaged in producing new pharmaceutical drugs
have developed a new drug applying the process of making,
combing drugs of a chemical materials and a micro-organism.
X Pharmaceuticals Ltd. had patented this new innovative
process to the Appropriate authority and got its patent
registered. Whereas Y Instra Lab Pvt. Ltd. engaged in
producing pharma drugs developed a drug of a combination of
drug of penicillin and lactobacilli following the same process
as X Pharmaceuticals Ltd. used in producing its drugs and
already entered the market with their combination of drug
product for quite a few months. X Pharmaceuticals Ltd.,
claimed that they have developed the process of
manufacturing their drugs after years of research and
development as also claimed that they have evolved a new
process in producing the same drug with a new process
hitherto unknown to the Pharmaceutical word. X
Pharmaceuticals Ltd. filed a suit against Y Instra Lab Pvt. Ltd
for seeking expert ad interim injunction restraining Y Instra
Lab Pvt. Ltd. from using the said process for its products and
marketing them.
In light of the above, answer the following questions :
(i) Is the process developed by X Pharmaceuticals Ltd., is
new and innovative? (5 marks)
(ii) Identify from the above case study as to whether the
process adopted by X Pharmaceuticals Ltd., have been
patented or 'combination of drug' have been patented ? (3
marks)
(iii) Can the process developed by X Pharmaceuticals Ltd.,
be used by Y Instra Lab Pvt. Ltd. in producing its
combination of drug ? (4 marks)
(iv) Can X Pharmaceuticals Ltd., restrain Y Instra Lab.
Pvt. Ltd. from using the process of combination of drug ?
(5 marks)
(v) What relief/award/order can be provided for X
Pharmaceuticals Ltd. in this instant case.
(3 marks)
Q. You have recently been appointed as Company
Secretary of the Ever Innovative Limited. Your Company
receives a notice from the controller of patent that the
application filled by your company for the grant of a
patent of a new machine was deemed to have been
abandoned. How you propose to deal with the matter ? (5
marks)
marks)
Q. An application for registration of patents is filled with
provisional specification indicating the subject matter to
which the invention relates. State the contents of
specification. (5 marks)
22:33 0 ,Ill 4G lU·

CSE-PVQ-ECIPL[1].docx v

17. Law relating to Trade Marks


Q. "Energize-52" is a popular cough syrup manufactured
since 2015 by "Jeevan Pharma Company". The trade
mark "Energize-52" was registered in 2017, and almost
seven years had expired from the date of its registration
This syrup was highly popular among the consumers
asked for "Energize-52" over the other syrups availa
and the voluminous sales figures prove its widespread
consumer recognition. In January 2024 "Jeevan Pharma
Company" discovered that a new Competitor in the
market had also launched a similar syrup under the brand
name "Energize-T" using a logo and brand name that is
deceptively similar to the registered trade mark of
"Energize-52". In view of the above case, answer the
following questions with support of relevant provisions of
the Trade Marks Act, 1999:
(i) Is there an infringement of the trade mark "Energize-
52" by the new competitor? (2 marks)
(ii) What defences can be pleaded by "Energize-T"? (2
marks)
(iii) What defences can be raised by "Energize-52" to
prove the distinctiveness of its trade mark?
(2 marks)
(iv) What are the relative grounds for refusal of trade
mark registration? (2 marks)
(v) What orders can the Court pass against the
competitor's use of the trade mark "Energize-T"?
(2 marks)
Q. Priya wants to start the trading of incense sticks
(agarbattis, dhoops) and perfumeries as Mis Priya Perfumery.
She made an application to the Registrar of Trade Marks to
register a trade mark by name "RAMAYAN". State with
reasons whether she will succeed in registering such a Trade
Mark under the Trade Marks Act, 1999? (5 marks)
Q. 'EcoSustain World' is a multinational corporation with
a registered well-known Trade Mark protected across
different categories of goods and services and a strong
global brand reputation. A new Indian company started
using a deceptively similar Trade Mark. Can 'EcoSustain
World' protect its trade mark in India?
(i) Explain with an example the significance of a well-
known trade mark as per provisions of the Trade Marks
Act, 1999.
(ii) Why Registrar will protect 'EcoSustain World' ?
(2+3=5 marks)
Q. What are the absolute grounds for refusal of
. . .
Q. 'EcoSustain World' is a multinational corporation with
a registered well-known Trade Mark protected across
different categories of goods and services and a strong
global brand reputation. A new Indian company started
using a deceptively similar Trade Mark. Can 'EcoSustain
World' protect its trade mark in India?
(i) Explain with an example the significance of a well-
known trade mark as per provisions of the Trade Marks
Act, 1999.
(ii) Why Registrar will protect 'EcoSustain World'?
(2+3=5 marks)
Q. What are the absolute grounds for refusal of
Registration of trade mark under Section 9(1) of the Trade
Mark Act, 1999? (S marks)
Q. What is meant by Trade Mark under the Intellectual
Property Rights ? (S marks)
22:33 0 ■ 1114G ■7·

CSE-PVQ-ECIPL[1].docx v

19. Law relating to Geographical Indications of Goods


Q. What is meant by "Act of unfair competition" under
the Geographical Indications of Goods (Registration and
Protection) Act, 1999? What acts shall be deemed to be
the acts of unfair competition ? (5 marks)
Q. India Tea Board owns the famous Geographical
Indication "Darjeeling" and the logo of the woman
holding the tea leaves, as well as the trademark
"Darjeeling" under the Trademarks Act, regarding "tea".
ITC, Limited has used the "Darjeeling Lounge" as the
name of its top lounge at its Kolkata hotel, ITC Sonar. Tea
Board of India filed a Lawsuit against ITC Ltd. that by
using the word "Darjeeling" in one of its hotel resorts in
Kolkata which is a breach of its landmark as well as well
as a certificate mark as tea Board is the registered owner
of the "Darjeeling" sign. Tea Board of India moved an
interlocutory application for temporary injunction for
restraining the ITC Ltd. from using or conducting or
making its business at the hotel by the name "Darjeeling
Lounge". Application stated that usage of the word
"Darjeeling" in the name and logo by defendants is
passing off or attempting to pass off its business or
services so as to discredit the fame of Darjeeling tea as a
geographical indication and/or to mislead persons.
In light of the above, answer the following questions in the
light of the Geographical Indications of Goods
(Registration and Protection) Act, 1999 :
(i) Is the contention of the India Tea Board, that ITC Ltd.
is engaging in Passing- off, correct ? Explain. (2 marks)
(ii) How a Geographical Indication is different from Trade
Mark? (2 marks)
(iii) Can the Tea Board of India file a complaint against
'X' for selling tea varieties at the Railway station under
the name 'Darjeeling Tea Stall'? (2 marks)
(iv) What if ITC Limited has been operating and using the
'Darjeeling Lounge' long before the enactment of the Act?
(2 marks)
(v) What is punishment for applying false Geographical
Indications? (2 marks)
Q. "Section 9 of the Geographical Indications of Goods
(Registration and Protection Act, 1999 prohibits
registration of certain geographical indications." Discuss.
(5MARKS)
Q. Explain the Provision 39 of Geographic indications
relating to penalty for false geographical indications. (5
MARKS)
20. Law relating to Designs
Q. 'Heavy Duty Company' manufactures 'Pick-N-Carry
Hydraulic Self Mobile Cranes' developed and registered
under the Designs Act, 2000. They filed a suit for
permanent injunction and infringement against 'Robust
Mechanicals Company', who began manufacturing and
selling mobile cranes that were visually identical to the
original design of 'Heavy Duty Company' claiming that
their machine is "new or original".
(i) With the support of a case law, discuss the
requirements of for a design to be considered significantly
"new or original".
(ii)What is the Court's duty while determining if a design
is "new or original"? (3+2=5 marks)
Q. What is the duration of the registration of a design ?
Can it be extended ? How can the Registration of a Design
be cancelled? (S MARKS)
Q. Who is the proprietor of a design and state the prohibition
in registration of certain design?
( S marks)

You might also like