University of Delhi 2008 L.LB General LL.BV Term (Supplementary) s, -e, - Question Paper

Note: Attempt 5 ques. including ques. No. one which is compulsory. All ques. carry equal marks.

1. Attempt briefly any 4 of the following:
(a) Meaning of ‘Trade Mark’ under the Trade Marks Act, 1999.
(b) Mode of assignment of copyright under the Copyright Act, 1957.
(c) Meaning of copyright in the case of computer programme under the CopyrightAct, 1957.
(d) “Inventive step” under Sec. 2(1)(ja) of the Patents Act, 1970.
(e) Do the subsequent amount to ‘Use’ of a trade mark within the meaning of theTrade Marks Act, 1999?
(i) Advertisements (Solus) of a Trade Mark.
(ii) Free distribution of goods.

2. “A decision upon registrability of a trade mark involves balancing an inherent tendency tounregistrability as the 1 hand against evidence showing distinctiveness in fact on the other.” In the light of the above statement, explain the legal regulations relating to registrability of trademarks on the ground of distinctiveness under the provisions of the Trade Marks Act,1999.

3. X & Co. is manufacturing and marketing cricket bats under a registered trade mark‘Limit’ and the picture of a lion with a small tail. After two years, Y& Co. approaches theRegistrar for registration of a word ‘Sumit’ with the picture of a lion having long tail andis also roaring for cricket balls. X & Co. opposes the registration on the ground that the proposed mark of Y & Co. isdeceptively similar to their registered trade mark. Decide with the help of case legal regulations.

4. The concept and principle on which passing off action is grounded is that a man is not tosell his own goods under the pretence that they are the goods of a different man, that is notthe gist of an action for infringement. In view of this, explain the distinction ranging from ‘passing-off’ and an ‘infringement action.

’5. “There can be no copyright in an idea or ideas. A person who provide expression to the ideawhether by means of a book, a picture or a play is the owner of the copyright in thework.”Discuss in the light of the above statement the proper subject matter of the copyright under the Copyright Act, 1957. Will your ans be various if the idea has been crystalizeed into a ‘concept’ for a live-show on Television?

6. (a) Mr. X, a professor of Shimla University sets a ques. paper for Trade MarksLaws for a few university, for which he is paid as per that university rules. Discusswhether ques. papers are proper subject matter of copyright under the CopyrightAct, 1957 and who is the owner of Copyright, if any, in this case?
(b) explain Author’s special right under Sec. 57 of the Copyright Act, 1957.

7. explain the inventions where only methods or processes of manufacture were patentableprior to the Patents (Amendment) Act, 2005, under the Patents Act, 1970. Also mention the non-patentable inventions under the Act.

8. What is a “well-known” trade mark under S. 2(1)(2g) of the Trade Marks Act, 1999?Discuss the relevant factors for determining a mark to be a ‘well-known trade mark’under the Act.

Earning:   Approval pending.