GOA UNIVERSITY

G.R. KARE COLLEGE OF LAW

SYLLM SEM III

INTELLECTUAL PROPERTY RIGHTS (PAPER II)

Jun 2012

Jan 2012

July 2011

Jan 2011

Jan 2010

JULY 2009

JAN 2009

July 2008

JAN 2008

July 2007

Jan 2007

2006

JAN 2005

JULY 2005

I 1111111111111111111111111111111111

Duration : 3 Hours

LL.M. (Sem. - Ill) Examination, June 2012 INTELLECTUAL PROPERTY RIGHTS - II

Instructions : a) Answer any five questions. b) Each question carries 15 marks.

BSM -15

Total Marks : 75

c) Write each answer on a fresh page, write question number correctly before answer.

1. 'Originality is not essential for film and sound recording to get copyright protection'. Critically analyze the statement with suitable illustrations in relation to cinematographic film and sound recording.

2 'Gopyright owner can earn economic benefits by sharing his rights with others for mutual benefit'. Explain in detail the various modes of transfer of his rights to others.

3. 'Terms of copyright is important for public in course of time'. Enumerate the terms of copyright as mentioned under the Indian copyright legislation.

t1.. Explain the concept of deceptive similarity. Mention the remedies and authorities to prevent infringement of trademark under the Trademarks Act, 1999.

5. Enumerate the essentials of a trademark. Critically analyze various traditional and nontraditional trademarks and its current status, with exceptions.

b . Distinguish between copyright (artistic work) and design, explain the terms of design and examine the remedies for infringements under the Designs Act, 2000.

7. Mention various kinds of cyber crimes and examine to what extent the Information Technology Act, 2000 is useful in protecting such cyber crimes.

n. Answer the following :

a) Importance and kinds of Intellectual Property.

b). Artistic work under Copyright Act, 1957.

--~-~--

ll 1014 (Pages: 01) BSM- 25 ll••iul No. ur<)ucstions: 8]

LL.M. (Semester- III) Examination, .January- 2012 INTELLECTUAL PROPERTY LAW- II

I hunliou : 3 Hours Total Marks :75 ltl\trudions: 1) Answer any five questions.

(J/}

(J})

(} i)

A i </ \ \,; ·: ;

2) Each question carries 15 marks. 3) Write each answer on afresh page, write question number correctly before answer.

'' J\ person who purchases a book he is owner of that book, but he is not owner as per copyright enactment". Examine this statement with the help of author and owner of copyright in various categories of work.

'With or without artistic quality copyright protection is available for any artistic work'. Critically explain various categories of Artistic work with the help of cases under the Copyright Act, 1957.

I ~xplain the idea of copyright infringement with exceptions and discuss in authorities ~stabli 1-y:.&j tc prevent infringement under the copyright enactmenL_

I ~numerate the concept of design with its essentials. Explain in detail the procedure for registration of a design under the Designs Act, 2000.

(}5) Explain in detail various methods of infringement of trademark. Mention the remedies available for infringement of trademark.

(MJ Critically examine the stages in registration of trademark and briefly examine the authorities established under the Trademarks Act, 1999.

<._17) 'Computer is not only a tool but it is also an instrument in the commission of crime'. Explain various kinds of computer crimes with illustrations.

(JS) Answe-r the following:

a) Literary work with exceptions.

b) Role of Information Technology in the present society.

***

G -1274 [Total No. of Questions : 8]

(Pages :OJ) BSM -15 ogfot-J 2...o II (f"~~)

LL.M. (Semester - III) Examination, July 2011 INTELLECTUAL PROPERTY RIGHT- II

Duration : 3 Hours Total Marks : 75

Instructions : 1) Answer any Five questions 2) Each question carries 15 marks.

Ql) 'Any printed or written work can get copyright protection under the purview literary work with literary merit or without literary merit'. Enumerate in detail the concept of literary work with exceptions under the Copyright Act, 1957.

Q2) 'Registration of copyright is optional and not mandatory'. Explain the procedure for registration of copyright and authorities involved in granting copyrights.

Q3) 'After expiry of copyright term, any person can use the work without any permission or authorization and without paying any fee or royalty'. Critically analyze this statement in the light of terms of copyright under copyright legislation.

Q4) Enumerate the concept of Trademark? Mention the essential, functions and various classifications of trademarks for which registration is available with exceptions (non registrable trademarks) under the Trademarks Act, 1999.

Q5) 'Deception and confusion are essential to constitute deceptive similarity'. Define deceptive similarity and mention the modes of deception with suitable cases and distinguish between deceptive similarity and passing off.

Q6) Explain the criteria for the registration of design and mention the remedies in case of infringement of a design under the Designs Act, 2000.

Q7) 'Computer is a tool and target in the commission of cyber crimes'. Analyze in detail various kinds of cyber crimes and mention the legal protection available under the Information Technology Act, 2000 as amended.

Q8) Answer the following: a) Performer's rights and its importance. b) E - commerce and its impmtance in our society .

... ... ...

I liD~ IDllllmm ~DIImlll

... ·~ .. . . ~ . ~ ..... , ........

-t'. r-· ~· - ........ · . I \''..<' ~. \ •

,' • ~~ .... -f. ,.. . -, - )-. j;. . r'/ , ._ - ' r I I,._.. • . i "

• · • I \ ' } . -~ t; .. . .._ ••

~" .,. _ // .. . { . . ,· ·::· ';)"

LL.M. (Sem. - III) E~l)l]~~~~anuary 2011 INTELLECTUAL PltOPlmTY RIGHTS-IT

BSM-18

Duration : 3 Hours Total Marks : 7 5

Instructions: a) Answer any five questions. b) Each question carries 15 marks.

(5x15=75)

1. 'Copyright protection subsists in various categories of work'. Critically enumerate in brief various categories of work under the copyright legislation.

2. 'Transfer of copyright provides economic benefits to the owner of copyrighf. Explain in detail the various methods of transfer of owner's rights to others.

3. 'Registration of copyright is not essential, it is merely a piece of evidence'. Enumerate in detail the procedure for registration and remedies in case of infringement of copyright under the Indian copyright legislation.

4 . Define the idea of infringement of trademark. Enumerate the remedies and authorities in case of infringement of trademark under the Trademarks Act, 1999.

5. Elucidate the importance and essentials of a trademark. Critically analyze various kinds of traditional and nontraditional trademarks with suitable illustrations.

6. 'Industrial design adds commercial value to a product by making attractive'. Examine the essentials, procedure and rights available if the design is registered under the Designs Act, 2000.

7. 'Technology is very essential in our life, otherwise we cannot survive' . Explain to what extent the Information Technology Act, 2000 as amended is able to protect us from misuse of our rights by others.

8. Answer the following :

a) Critically distinguish between design and artistic work

b) Various modes of passing off in relation to trademark.

IIIIIIII~!DIIIIIII

<>f-/.bl/ z..oto C..-r~d~«!l)

NNK - 34

LL.M. (Sem. - ill) Examination, 2010

INTELLECTUAL PROPERTY RIGHTS (Paper - ll)

Duration : 3 Hours Max. Marks : 75

Instructions: I) Answer any five questions.

2) All questions carry equal marks.

1. Copy rights doesn' t subsist in original idea unless the idea is put in concrete form. Examine the tenn originality used under Copyright Act.

2. Examine the concept of the author and owner of Copyright with respect to various kinds of work under Copyright Act.

3. Define infringement of Copyright specify the remedies and authorities for prevention of infringement.

4. Define the term trademark, mention when a mark is not registered and authorities for registration of a trade mark.

5. "A trade mark will be registered only if it has distinctive character". State the procedure for registration of trade mark and mention the remedies in case of infringement

6. State the signs prohibited from registration with reasons under Designs Act. Mention the remedies and authorities.

7. Critically analyse the use and benefit of information technology Act in controlling misuse of technology.

8. Answer the following:

a) Digital signature

b) Deceptive similarity.

-==-~ ' .,., !<ARE ,.::r;;-,

l UI~ID rnlllll~llltml mlllll /<A~ ... '. - <!fe;,\:

{ ~~ - V. V Ms ?·cz:~l NNK- 51 =7 MARGAO-GOA "IJI f$ %

LL.M. (Semeste~~io'n, 2009 INTELLECTUAL PROPERTY RIGHTS-ll

Duration : 3 Hours Max. Marks: 75

Instructions : 1) Answer any five questions. · 2) Each question carries equal marks.

1. Briefly examine the remedies available against acts of piracy under the Des.igns Act, 2000. 15

2. Define the term "passing off'. What are the reliefs and defences available in passing ·off action? 15

3. Discuss in detail the procedure of registration of a trademark. 15

· 4. "Copyright protection is with the first owner". Critically examine the statement and the exceptions thereto. 15

5. Explain in detail the concept of infringement in relation to artistic works and cinematographic films. 15

6. Examine the procedure for registration, authorities dealing with regulation and their powers under the copyright legislation. 15

7. Highlight the salient features of the Information Technology Act, 2000 with special reference to digital signatures. 15

8·. Answer:

1) Assignment of trademarks.

2) Term of copyright. 15

I lUI IB IEIBII IIII NNK-34

LL.M. (Sem. - ill) Examination, July 2009 INTELLECTUAL PROPERTY RIGHTS- ll '

Duration: 3 Hours Total Marks: 75

Instructions: 1) Answer any five questions. 2) Each question carries equal marks.

1. Discuss the conditions for a registrable design and the rights conferred under Designs Act, 2000. 15

2. "Internet domain is entitled to protection as a trademark under the Trade Marks Act, 1999". Analyze this statement in the light of judicial pronouncements. · 15

3. ''Unregistered trademark can be protected only by an action for passing off". Evaluate with suitable examples. 15

· 4. What are the various remedies against infringement of copyrights? 15

5. "Original ideas are indeed the proper subject matter of copyright, which need protection". Evaluate and explain the relevance of original idea in the light of copyright legislation. 15

6. Critically examine the various modes of transmission of rights to others under the copyright legislation, with suitable examples. 15

7. "The Information Technology Act covers e-commerce, internet and computer crime". Examine the changes introduced in legislations dealing with crimes, in this respect. 15

8. Answer:

1) Intellectual Property Appellate Board.

2) Artistic work. 15

.. ,,'

1111/lmiiiiUII~iiiNII~ftlm'; :

Time : 3 Ho,urs

LL.M. (Seni. - HI) Exam\nation, 2008 INTELLECTUAL PROPERTY RIGHTS - 11

Instructions: a) Answer any five questions. b) Each question carries IS marks.

_:._~,- .

NNK;;'22

Marks: 75

l. 'An original literary work may enjoy protection even though it is devoid of any aesthetic merit' . Explain in detail the idea of literary work rights available to author under the Copyright Act, 1957.

2 . Enumerate the various remedies and authorities for the protection of copyrights in our Indian society.

3. 'Copyright in a work does not subsist in perpetuity'. Enumerate the need and term of copyri~hr with respect to various categories of work specified under copyright legislation.

4. What is Trademark ? Describe essential, functions and various classifications of trademarks for which registration is available under the Trademarks Act, 1999.

5 . Define 'deceptive similarity' with suitable cases and distinguish between deceptive similarity and 'passing off as per the trademark legislation.

6 . Briefly examine the idea of piracy ofregistered desig~ and remedies in case of piracy under the Designs Act, 2000. .

7. Explain the importance, use and working of Pigital Signature irte-co11tracts. Ex~ne it:s legal status under the Information Techn_ology Act, 2000\ · · ·

8. Answer the following :

a) Remix music and it:s protection

b) Intellectual Property Appellate Bo~d. ' •• I

-: ~ -

IL TELLECTUAL PROPERTY RIGHTS II

Duration : 3 hours Max. Marks : 75 .,

• : Instructions : L Answer any five questions.

3. Each question carries 15 marks.

! . " A person merely ~uggests the plot of a novel or play to the writer, he will not be considered as author of the novel or play". Enumerate the statement with the help of author and owner of copyright in various categories of work.

2.

...

.).

4.

5.

6.

7.

'Photograph must be original in order to attract copyright'. Critically enumerate various kinds of Artistic work in which copyright subsist with the help of cases under the Copyright Act, 1957. Examine in brief infringement of copyright and discuss in detail authorities established to deal with this concept under the copyright enactment. Define design and explain its essentials. Explain in detail the registration procedure to obtain a design under the Designs Act, 2000. Enumerate in detail various modes of infringement of trademark. Mention the remedies available for infringement of trademark. Critically explain various stages in registration of trademark and briefly examine the authorities established under the Trademarks Act, 1999. 'Information Technology Act, 2000 brought various changes for other enactments'. Critically enumerate the changes introduced to those enactments.

8. Answer the following : a) Cinematographic film b) Various categories ofCyber crimes.

----· . ~~~-::.......:....;,.....;;..... _c2_({_{ 1..-.......{o-1·--'-"--~~--.·~

TNY - 13

LL.M. (Sem. - HI) Examination, July 2007 INTELLECTUAL PROPERTY RIGHT (Paper - II)

. illll': 3 Hours ;:· Marks: 75

Instructions: a) Answer any five queslions. b) Each question carries 15 marh

1 . ·The Copy right Act clearly states that in the absence of an agreement to the contrary, the e mployer or proprietor shall have copyright in that work'. Analyze the idea of ownership and authorship in relation to various categories of work under the copyright legislation.

/

2. ·Rights available to the owner under the copyright legislation are transferable '. Cri tiu lily examine the various modes of transfer of rights to othei·s with examples.

3. I k:fine the term infringement of copyright with exceptions. Specify the authorities ;llld remedies in case of infringement of copyright.

baminc the idea of deceptive similarity and passing off. Differentiate between inl'ringcment and passing off with the help of appropriate court judgements.

5. ·Trade mark exists independently of the registration. Registration is not compulsory lli tder the trade mark legislation'. Specify the procedure, effects of registration · and authorities established for registration of trade mark.

I I I

Discuss the nature, importance and the subject matter of design under the Industrial Dt:signs Act, 2000.

·communication through e-mail is the principle use of Information Technology in lhe internet era' . Critically enlighten the changes introduced by Information Tl:chnology Act, 2000 with respect to other related subjects .

. Answer Lhe following :

a) Artistic work under copyright legislation.

b) Remedies under Trade Marks Act, l999. ' J

l

l ' !, I i ; J

.. k

MAH~lO

•· LL.M. Degree (Scm. III) Examination, January 2007 INTELLECTUAL PROPERTY RIGHTS (Paper-H)

Max. Marks: 75

Jn~tructions : a) Answer any five questions. !J) Each question carries 15 marks. ·

'lnir int:cmcnt of a copyright is a trespass on a private domain owned and occupied hy the (I\\ ncr of the copyright'. Explain the idea of infrin~ement in case of sound J"r<"•Hding . artistic, and musical work with exception therein.

Hq·i ,( r;.- ion of copyright is not compulsory'. Explain the registration procedure, hur i:i,·s dealing with registration and their powers under the copyright legislation.

r·cnc·r:tl author of a work is the first owner of the copyright with respect to his ,,, ~ ·. ( ·, itically analyze this statement in defining the term author and owner with

~.net domain name is entitled to protection as a ttade mark under the trademark ncrrt ' . Enumerate the term internet domain name with judicial pronouncements

r the purview of Trademark Act, 1999.

n11.:ratc the concept of variou~. modes of infringement of a trademark. Specify rt' rrh.:dics available in case of registered trademark.

11h.: the term design, its important features and discuss the procedure for qr:l!ion of design under the Industrial Designs Act 200.0.

nt communication system introduced various categories of crimes in the way II\ t' • · Vlcntion in detail the nature and protection available against cyber crimes

pn rlw Information Technology Act,,2000.

"n the following:

' imt·l!cctual Property Appellate Board I I.

• lina:-y worl,. under copyright enactment.

LL.M., DEGREE (SEM III) EXAMINATION-20M INTELLECTUAL PROPERTY LAW-II

Tir.1<!.(-3 Hours Instructions:

i. Answer any FIVE questions ii. Each question carries 15 marks

Marks: 75

1. ·Any person does any of the acts 1.vithout authority he will be committing an infringement of the Copyright in the work'. Discuss in detail infringement of Copyright with reference to literary work, Cinematographic film and Sound recording with suitable cases and mention the exceptions therein.

2. ·Subject matter of Copyright goes in public domain after the duration of copyright in which owner of the work enjoys exclusive rights'. Explain the duration of Copyright with respect to various categories of work under the Copyright Act, 1957.

3. 'To .qualify for Copyright protection an artistic, dramatic and musical work must be original'. Examine the idea of origi·nality in these categories of work.

-1. ·unregistered Trade mark can be ~rotected only by an action for Passing off. Analyze in detail the concept of Passing off, means adopted for passing off with suitable cases or illustrations ·

5. · A registered Trade mark will be infringed if a person in the course of trade in relation to some goods for wh ich the mark is registered, use without authority the same mark or d.:ccptively similar mark' . Criticaily examine infringement and remedies available in case of infringement under the Trade Mark Act, 1999

6 . 'Designs which are functional are not registrable under the Designs Act, 2000'. Critically examine the procedure to register the design, cancellation of design and rights conferred by registration under the Designs Act, 2000.

7. ·New communication system and digital technology have made dramatic changes in the way we live'. Examine in detail to what extent the Information Technology Act, 2000 protect digital technology in India

8. Answer any TWO of the fo llowing: a. Rights of Broadcasting Corporation b. , Cyber hacking and Cyber squatting

********** \._

LL.~I., EXAI\1N'A TlO'\ SEl\1-III ~oo 5 INTELLECTUAL PROPERTY II

DURATION: 3 Hrs Marks: 75

lnslructiortS: 1. An~wer any FIVE questions 2. All questioru carry ef~llal marks

15X5=7S

I. ''Person who creates au idea is :1ot the owner of copyright, person who gives concrete form to the: idea CJn obtain C;)pyright". Examine in brief different categories of \vork in w·uch copyright subsist with court judgments.

2. Examine in detail the p10cedure to obtain copyright under the Copy Right Act, 1957 and briefly e}..am.ine the various authorities established to control infringement of copyught.

3. "Terms of copyright vades a:cordmg to the nattrre of the work and nature of tht: copyright o·wuer" Explain i.r1 detail the terms of various categories of work in whi~h copyng:b.t subsists.

4. Critically examine the concc!fl of passing off. under the Trade Marks Act, 1999 ru-:.d distingltish between d~ceptivc similarity and passing off.

5. Examine in detail the scope, C.)ncept and forms of infringement with the help of relevant court judgmen. s under the Trade Marks Act, 1999

6. "Infom1ation technolo~· A.c came in to picture to control cyber crimes". Elaborate this in the light of the importance and different authorities establisbed urder the Jolormatio11 Technology Act, 2000

7. " A design in order tote reg stered must Cle both new and original, not previously published ir Indi:t 1Jr elsewhere". Critically evaluate the importance and need for desig"l uod'!r the Industrial Designs Act, 2000.

8. Answer an) TWO of the foJ1o • .,..ing: a. Cinematographic film b. Appellate authority mder Trade Mark Act, 1999

I

Time: 3 Hours

LL.:Vr., DEGRFE (!;E~llll) EXAMINATION-2005 lNTELLLCTt AL PROPERTY LAW-Il

Marks: 75 I:tstruction!l:

a) Ans1ver 1~y 1'1 ',• ~ qw~stion~. b) Enc~ q Ut:!:t on tzn •es JS mn:ks

I. 'The expression Literar~ "-Ori is l;ot <unf:n~ I K literary Nor~ as it is commonly understood as to the quality, the ~1.) 1:: and hto,ra.r:' fin.sl' C:ic.ically an.o lyzc this in the light of literary work as subject matter o~ Cop.trigltt w thj d ~ al pcnour.::em~nts

2. 'General rule is that tre auth:)r o: a .vor.; i, the first o••ncr of the Copyright in the work under the Cop: right Att, 1957' . !;'{ami 1c the <:onc.ep' of autl10r and first owner of Copyright in all types of work.

3. Critically evaluate the concept of infring~:rn ~nt and ell.c•~ptiuns to infringement under the Copyright Act, 1957 with the help of jwlinilnl1ou;lceJI!2nH

4. Explain and ~xamine in detail the 1.efin tioll t t'T'llde MHrk. Discuss the scope, functions and remedies in ca<Je of in frh1gement of 'frad•: ·lark i\ith J11dicial pronouncements under the Trade Mark Act, 1999

5. 'The Trade Mark law prohibits registr:nicn •i maJJ:s with deceptive similarity' . Critically ex:unine such prohi biticons and the necessa"y ·:riteri.l to = Ia~ fy mark as deceptively similar with cases.

6. 'The Designs Act refen only to the f iracy cf mgi;:tered de~ign which in substance is the same as infrinJement cf the co 'yri,!nt :n the ccsign. xplain in detail the idea of infringement and remed .cs in case <•f inf1nger .<:nt under the D.:signs Act, 2000

7. 'The Information Tecbtclogy Act 2000 dna •; \\itt authentication of electronic records by affixing his digital signnure·. i xar,ine in det il the objedws, scope and the pros and cons of this Act.

s: Answer any TWO oftlw follo\"ing. a) Essential:; ofagood desi~ n b'l Good will