Osmania University Intellectual Property Law Previous Questions

Exam Oriented Book – OU 3LLB 4th Semester

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Unit-I: Introduction to Intellectual Property

Syllabus: Intellectual Property – Meaning, Nature and Classification – Significance and need of protection of Intellectual Property – Main forms of Intellectual Property: Patents, Trademarks, Industrial Designs, Geographical Indications of Goods, Copyright and Neighbouring Rights – New forms of Intellectual Property: Plant Varieties Protection and Biotechnology, Genetic Resources and Traditional Knowledge (GRTK), Layout Designs, Computer Programmes, Artificial Intelligence and Intellectual Property.

6 Mark Important Questions

  1. Intellectual Property
  2. Geographical Indications / Geographical Indication of Goods
  3. Computer Programmes
  4. New Plant Variety / New Plant Variety Right
  5. Layout Design

15 Mark Important Questions

  1. Explain the meaning, significance and need for protection of Intellectual Property.
  2. Explain the evolution and Concept of IPR. Discuss the third world perspectives of IPR.

Unit-II: International Protection of IPR

Syllabus: Evolution of International Protection of IPRs – Introduction to the leading International instruments concerning Intellectual Property Rights – General Principles of Protection – The Paris Convention, 1883 – WCT 1996 – The Berne Convention, 1886 – The Madrid Agreement, 1891 and Protocol 1989 – The Patent Co-operation Treaty, 1970 – The World Intellectual Property Organization (WIPO) Conventions – TRIPS Agreement, 1994 and its impact.

6 Mark Important Questions

  1. WIPO
  2. UNESCO
  3. Universal Copyright Convention

15 Mark Important Questions

  1. Write a brief note on the role of WIPO in relation to Intellectual Property Rights.
  2. State the important objectives and principles governing TRIPS? Explain the Berne Convention on protection of literary and artistic works.

Unit-III: Copyright

Syllabus: Copyright: Meaning, Nature, historical evolution and significance – The Copyright Act, 1957 – Salient Features – Idea-Expression Dichotomy – Subject matter of Copyright Protection – Neighbouring rights – Ownership of Copyright – Rights of Authors and owners – Assignment of copyright – Collective management of copyright – Infringement of copyright and Criteria – Exceptions to infringement – Doctrine of Fair Use – Authorities under the Act – Remedies for infringement of copyright.

6 Mark Important Questions

  1. Neighbouring rights
  2. Author’s Special rights
  3. Fair Use
  4. Broadcast Reproduction Right
  5. Anton Pillar Order

15 Mark Important Questions

  1. What is a Copyright? Explain its Infringement Criteria, Exceptions and Remedy.
  2. Who is an ‘author’? Discuss the concept of copyright ownership and its limitations.
  3. What is originality in a work? Explain the statement that copyright is a bundle of rights.

Unit-IV: Trademarks and Industrial Designs

Syllabus: Intellectual Property in Trademarks and the rationale of their protection – The Trade Marks Act, 1999 – Definition of Trademarks and Trade description – Kinds of Trade Marks: conventional and non-conventional – Trademarks and Internet Domain Names – Registration of trademarks – Rights of trademark owners – Infringement of Trademark – Remedies – Passing off – Concept of Industrial Designs – The Designs Act, 2000 – Definition and characteristics of Design – Registration of Design – Rights of design holders – Copyright in design – Remedies for infringement.

6 Mark Important Questions

  1. Passing off
  2. Rights of Trade Mark Owners
  3. Registration of Trade Marks
  4. Prior User under Trademark Law
  5. Definition of Design

15 Mark Important Questions

  1. Define Trademark. What are the conditions for refusal to register a trademark under the Trademarks Act 1999?
  2. Define Design. Write an essay on the piracy of design and the remedies thereof.

Unit-V: Patents

Syllabus: Patents – Concept of Patent – Historical overview of the Patent Law in India – The Patents Act, 1970 and its salient features – Patentable Inventions – Kinds of Patents – Procedure for obtaining patent in India and in other countries – PCT procedure – Rights and obligations of a patentee – Limitations on patent rights: compulsory licensing, acquisition by government and secrecy directions – Infringement of patent rights and remedies available.

6 Mark Important Questions

  1. Kinds of patents
  2. Rights to secrecy

15 Mark Important Questions

  1. Examine the current legislative framework of patents in India.
  2. Discuss the Rights, Duties and Obligations of a Patentee and Patent Holder.
  3. What are not inventions under S.3 of the Patents Act? Briefly explain the Novartis case in this regard.

10 Mark IP Law IMP Questions

  1. Students of a school performed a story of noted author as the annual function of the school. The author claims it as infringement of his right to perform. Advise the school authorities.
  2. A hybrid new variety of rice is grown by X. He applied for a patent. Will he succeed in acquiring a patent for the new variety of rice? Decide with the help of a leading case.
  3. X, a student copied some material from a published book and stated as his own, without mentioning the name of publisher. Whether X is liable under intellectual property law, if not state the reasons.
  4. A company is the registered proprietor of the trademark NAICIN a pharmaceutical preparation. They brought a suit against B company the permanent injunction restraining them from using a deceptively. Similar mark NAISIN in respect of the same kind of preparation. Would plaintiff A company succeed? Decide.
  5. Sun Pharma came up with a new formulation of the existing medicine by name ‘Candid’. It wants to apply for patent for the new formulation. New form of Candid which has the capacity of 30% of extra bio-availability than in the older form. Will Sun Pharma get patent for that new form of medicine?
  6. ‘A’, a Botanist developed a new plant variety of ‘Hibiscus’ having all the colours of rainbow in the flower. ‘A’ wants to protect his intellectual creation under IP law. Advise.
  7. Kusum is granted a patent for her product, but couldn’t commercialize it due to personal reasons even after four years. The government cancels her patent and grants it to Samuel. Can the Government do so? Under which provisions. Discuss.
  8. A Teacher uses the copies of notes from a Copyrighted source to be used in the Class for the benefit of the students. Does it amount to infringement of Copyright?
  9. Mr. ‘A’ wants to start the business of marketing tea powder under the trademark ‘BEST’. He wants to register the trademark ‘BEST’ for his tea business. Will he be successful?
  10. ‘LOVELY’ hypermarket in Hyderabad city kept a big TV screen in the parking area and allowed their customers and the passers by the road to watch the final match of IPL Cricket series. TV99 broadcaster, having purchased the telecast rights from IPL, organizers wants to proceed against Hypermarket for infringement of its IP right. Will the TV99 broadcaster be successful in its attempt under relevant IP law?
  11. Mr. Prakash Raj created a new software which enables the air-conditioning system to automatically adjust room temperatures basing on the fluctuations in the external temperatures. Because of this, users need not frequently use the remote and change temperatures basing on external conditions. Mr. Prakash Raj wants to obtain IP protection for the software and technology. Advise him.
  12. Mr. ‘X’ has been in the business of stationary items designed a paper weight in the shape of Charminar and registered the design under the Designs Act, 2000. Seeing the success of the design, Mr. ‘Y’ a bag manufacturer started manufacturing and selling similar charminar shaped School Bags. Mr. ‘X’ wants to file a suit against Mr. ‘Y’ for copying his charminar design for bags. Will he be successful. Advise.

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