INTELLECTUAL PROPERTY RIGHTS

Relevant Updates for Annual Examination (June) 2015

1. Examine the works protected under the Copyright Act of 1957. What are the rights of
the copyright owner?
2. Examine briefly the criteria of patentability of living organisms with reference to US
and Indian position.
3. Define and distinguish 'passing off and 'Infringement of Trademarks'. Refer to decided
cases.
4. Explain the 'Idea-Expression' dichotomy under the law of copyright. When does
'merger' occur?
5. Examine the provisions of Trademarks Act 1999 relating to the infringement of
Trademarks and remedies available..
6. What is the procedure for obtaining the grant of patent in India? What are due
circumstances under which 'compulsory license can be granted under the law of
Patents? Discuss.
7. Explain the developments relating to protection of 'Traditional knowledge' and
'Traditional cultural Expression'
8. What is the procedure for registration of Trademarks in India? What are the absolute
and relative grounds of refusal of registration of Trademarks?
9. Explain the essential requirements for registration of 'Geographical Indications' and
'Designs' in India.

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10. Discuss with the help of case laws, if any, how domain name disputes are resolved
when domain name is deceptively similar to 'trademarks'.
11. Explain the criteria of 'Non-obviousness/inventive step' for grant of patent for an
invention as applied in US and India.
12. Discuss Traditional knowledge Digital Library and the role of NBA III protecting
Traditional knowledge.
13. Explain Protection of Plant varieties and farmers rights-International regime and
protection in India.
14. What are the acts that do not constitute infringement of Copyright? Elucidate.
15. Discuss DUS test under protection of Plants varieties and Farmers Rights Act.
16. Examine briefly the criteria of 'patentable subject-matter', 'Novelty' and 'Nonobviousness/ Inventive step' for grant of patent for an invention. Refer to decided
cases of Indian and foreign jurisdictions, if any.
17. Discuss Shape and sound as 'Trademarks'.
Short Notes:
a. Berne Convention 1886
b. Paris Convention 1883
c. Remedies for infringement of copyright
d. 'Fair use' of works protected under copyright law
e. IPAB
f.

'Doctrine of Equivalents' and 'Prosecution History Estoppel'

g. Assignment of Copyright and Assignment of Trademark

h. Dilution Doctrine under Trademark law
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i.

Biodiversity Protection in India

j.

Bolar Exception in US and India

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