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POSTGRADUATEDIPLOMA Iil.--" RIGHTS(PGDIPIT} INTELLECTUAI, PROPERTY

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Term-End Exarnination june, 2009 MIP.OO3 INDUSTRIAL PROPERTY: : TRADEMARKS, GEOGRAPFIICALINDICATIONS, TRADE SECRETS, UNFAIR COMPHTITION
Tinte: 2 hours
Note : are gitten in eachquestion 1. State whether the followins statements are true Mnxinrttrtt Mnrks : i0 intentnl choices AII qtLestknls coutpulsory. L-!rtuteuer, are

or false. Attempt any fiae parts

(a) (b) (.) in principle to service rnarks.

5Xl=5

I{ules devisecl for tradentarks apply equally Both the collective marks and certification marks can be used by individuals. Company names and trade names are registrable, except where they are deceptive or not distinctive.

(d)

Collective marks, certification marks and guarantee marks are not covered bY trademarks law treaty.

(u)

Geographical Indication is a right, which may be granted to a single person like a copyright to the author.

(f)

Trade secrets are governed by a specific legislation in India.

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P.T.O.

z.

Fill in the blanks. Answer any fiue palts : 5x1=5 (u) A tracle mark can be protectecl on the basis of either use or (b) The system of International registration of nrarks is governed by ilre
(c)

The irademark law treaty was adopted on

(c1) The Paris Convention touches on the issue of the use of marks in Article WIPO has administered treaties f or the wl-rich contain protection of multilateral provisions
/f)

Ceographical Indications. Internet Domain Names could be registered

AS

3.

Attempt any three parts :

{a)

3x5=15

What is the rrain aim of the law of Un{air Competition ? Who all are sought to be protected under this iaw ?

(b)

Describe the grounds on which a tracie mark can be removed from the Register of Trademarks. \44rat is 'Franchising' ? Why it is becoming popular in India ? Define Character Merchandising.

(c) (d)

Differentiate categories of merchandising from the legal point of view.

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4.

Attempt any fu,toPa.rts: (u)

2x5=10

State the otrligations of a nrember Country towards well knort'n trademarks r,rnder the i)aris Convention. 'fltlPS lVhat are the stan,.{arcls concelning ihe availabilitv, scope and use of trademarks ?

(b)

(.)

\{hat do you understand by Free ILiding and Dilution of a mar:k ?

3.

Attenrpi any three parts : (u)

3x5=15

Explain the TIIIPS provisions for the protection of Ceographical Indications.

(b)

Discuss advantages and disadvantages of b'ade secretsanr-lpatents. Discuss generai standards under the TRIPS agreement regarding trade secrets.

(c)

tr)iscuss the provisions of the Paris Convention with reference to protection against Unfair Competition. What is the meaning of 'Confusion as to affiliation and 'Confusion as to Sponsorship' ? Can there be confusion with respect to product shapes ? Explain. -oOo-

(d)

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