Kerala University 2009 L.LB General Sixth Sem, 3, Intellectual Property Law - Question Paper

I. select the most improper ans from the options provided beneath. 1 mark
for every accurate ans.

1) A patentable invention must be
a) New b) Non obvious
c) Useful d) All

2) An assignment of an existing patent through an agreement which has been duly
registered is
a) Equitable assignment b) Legal assignment
c) Mortgage d) Transmission by operation of legal regulations

3) In case of infringement of patent, the onus to establish infringement lies on
a) Plaintiff b) Defendant
c) Patent Agent d) None

4) In case of innocent infringement, what is the relief available ?
a) Injunction b) Damages
c) Account of profits d) Damages and account of profit

5) An Ex-parte order to inspect the defendant's premises is called
a) Oliver orders b) Anton piller order
c) Inspection order d) None

6) An order by the Court to freeze defendant's assets is called
a) Interlocutory Injunction b) Mareva Injunction
c) Perpetual Injunction d) All

7) The duration of Trade Mark according to Sec.-25 of the 1999 Act provides that
Registration of Trade Mark shall be for a period of
a) 10 years renewable for a different 10 years
b) 15 years renewable for a different 10 years
c) Period of 60 years
d) 25 years

8) In the case of assignment of Copy Right, the ownership in the rights is transferred
to the
a) Licenses b) Assignee
c) Mortgage d) Mortgagor
9) Copy Right period for performers right shell subsist until

a) 25 years from the beginning of the calender year next subsequent the year in
which the performance is made
b) Life Time plus 60 years
c) 50 years from the date of performance
d) 60 years from the date of performance

10) What is the new Patent Right created by 2005 Amendment to Patent Act, 1970 ?
a) Exclusive Marketing Rights b) Product Patent
c) Compulsory Licencing d) Process Patent (10×1=10 Marks)

II. ans any 5 of the subsequent ques. in not more than fifty words. every
ques. carries 2 marks.
1) Author's Special Rights
2) Product Patent
3) Complete Specification
4) Characteristics of good Trade Mark
5) TRIPS Agreement
6) Government use of Inventions
7) Assignment of Patent Rights. (5×2=10 Marks) -3- 1757 A

III. ans all ques.. every ques. carries 6 marks.
1) An inventor assigns his rights in the invention to his spouse. His spouse after realising
the commercial importance of the invention files a patent application. During the
period, the couple gets divorced. The spouse files the patent application claiming
to be the assignee of the inventor. If the controller rejects the application, is his
action accurate.

2) A Cardiologist invents the cure of performing Open Heart Surgery painlessly
and with the minimum expenses involved. Will he be entitled to claim a patent
for such a method of treatment.

3) A proposed user of a Trade Mark for jewellery applies for registration of the
word " KANGANA" for his jewellery. Will his application be accepted ? If not,
on what grounds ?

4) A teacher used a copy-righted literary work for teaching in the school. She has
not taken permission from the owner of the copy right. Has there been any
infringement of copy right of the literary work. (4×6=24 Marks)
IV. ans any 3 ques. in not more than 300 (three hundred) words. every
ques. carries 12 (twelve) marks.
1) discuss the classification of Intellectual Property Rights with special reference
to emerging forms.
2) Distinguish ranging from Infringement and Passing-off of Trade Marks with the help
of decided cases.
3) describe Patent ? discuss the procedure for Government use of invention without
payment of royalty.
4) explain the meaning and subject matter of copy right. (3×12=36 Marks)

Earning:   Approval pending.