University of Delhi 2007 L.LB General LL.BV Term s, ember, - Question Paper

LL.B. V Term Examinations, December, 2007

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;
(b) Protection of well known Trade Marks under the Trade Marks Act, 1999;
(c) Moral right of an writer under the Copyright Act, 1957;
(d) Patentable inventions;
(e) Abridgement within the meaning of Copyright Act, 1957.

2. A Trade Mark possesses distinctive character for registration. The Distinctive character can be either inherent or acquired. What is the meaning of inherent or acquireddistinctiveness? discuss with relevant provisions of the Trade Marks Act, 1999 and caselaw.

3. TK Pharma applied for registration of Trade Mark ‘Menthaplus’ for pharmaceutical andmedicinal preparations for human use. It was opposed by the proprietor of Trade Mark‘Methacol’ used as veterinary medicine. TK Pharma contended that both medicines haveseparate uses and both are schedule “L” drugs which can be sold only to the hospitalswith the outcome that there could not even be a remote chance of confusion and deception.Decide in view of the observation of the Supreme Court in Cadila Health Care Ltd. vs.Cadila Pharmaceutical Ltd 2001 PTC 300 (S.C.) regarding the strict standard for deceptive likeness in medicinal products.

4. The appellant registered several domain names using the word ‘Nify’ (an invented andcoined word) with ICANN and the WIPO for its software business. The respondent started interest marketing under the domain name ‘Niffy’. The appellant filed a suit ofpassing off and temporary injunction against the respondent on the ground that he was theprior users. Decide with relevant case legal regulations. Whether domain names are subject to the legalnorms applicable to trade marks?

5. “In considering whether a mark has reference to the character or quality of goods, themark must be looked at, not in its grammatical significance, but as it would respect itselfto the public at large.”
In the light of the above statement, explain the legal regulations relating to the registration ofdescriptive words as trade marks.

6. A newsprint ‘News of India’ wanted to publish a series of articles entitled ‘SachinTendulkar’s Centuries Enthralling Stories.’ For that purpose they employed Mr. Sarabhai– a free lance journalist who has considerable knowledge and experience of cricket. Mr.Sarabhi got into communication with Tendulkar who told Mr. Sarabhai the variousadventures. Mr. Sarabhai made notes of conversation and took manuscript to Tendulkar,who suggested alternations, if necessary. But these alternations were not always adoptedin the articles. Later on Mr. Sarabhai wanted to publish these whole list of articles into abook form ‘Sachin Tendulkar’s experience with Cricket’ Tendulkar through his advocatesfield an injunction suit to restrain the publication claiming himself as writer and owner of the work.
Whether he will succeed. Decide the case observing Donoghue vs. Allied newsprint Ltd. (1937) three Ch. D. 503.
Whether the reasoning in Donoghue’s case is correct? define the observation ofJustice B.N. Kirpal in Najma Heptulla Vs. M/s Orient Longman Ltd. A.I.R. 1989 Del: 63.in regard to Donoghue’s case.

7. What is the object of Patent system? What is the procedure for a grant of Patent in India?Define provisional specification and its relevance.

8.
(i) explain the legal regulations to determine ownership in the situation of part 17 and part 2(d)of the Copyright Act.
(ii) Dr. Sarita is a professor of intellectual property legal regulations in Delhi University. In her careerspan of 30 years she has published different articles on IP legal regulations prepared a manuscriptof text “IP legal regulations and Practice” and also set about 50 exam papers. She contacts a publisher to publish all her articles in a book form, to publish her text book and alsoexamination papers. In book form to help the students.

Earning:   Approval pending.