Previous year question on ipr | Exams Intellectual Property (IP)

Intellectual Property Rights 1 Problem Questions and answers: !

Note- !

These are not the complete answers. I have given the essential points that your answer must

constitute. Any case laws apart from the ones discussed in class can be used as well (as long as

they are relevant). Write the answers in the regular pattern you have been following to answer

problem based questions. If you are unaware of the exact case law, use words like “in a landmark

case/ well-known judgment” but do not write wrong/made up case names(same goes for the

provisions and sections). !

1. ‘A "sellshisallopathicmedicinalproductunderthetrademark #Enerjex"! which is a registered trade

mark. #B"! also sells his Ayurvedic medicines with the trade mark #Enerjase". Does it amount to

infringement of trade mark? Decide. !

•Can amount to infringement- similar trademark + similar nature of goods/services!

•Justify infringement by showing how its deceptively similar " #

2. #A"! invented an antivirus software namely #Fast heal"!to provide protection to the computer

system. He has applied for patent protection for his invention. Advise him. " !

•Under the Indian Copyrights Act- software is considered as literary work- explain why!

•So, he will only get a copyright and it is not patentable!

•Mention that under section 3 of Patents Act- copyrightable material is expressly barred

from getting patented.!

3. Anautomobile company named Tata enjoys a goodwill in the market and is the proprietor of a

registered trade mark #TATA". In order to encash this reputation #B"! registered www.tata.org. A

domain name in his company"s name. Does this amount to infringement of trade mark? " !

•Domain name is trademark- explain with Sify Case!

•Then explain cybersquatting- and how this amounts to infringement of TM!

•We have discussed similar case laws!

4. A physics teacher explains a principle in his class.One of his students makes a working

invention producing a new result by putting into use the principle taught by his teacher. Who

has patent right ? !

•The student will have the patent!

•Because the teacher only has the idea- which has no IP protection!

•The student on the otherhand- creates a product which satisfies the essentials of

patent (list the essentials also)- so he can get it.!

5. A was producer of ghee under Trade Mark ‘Mathura Ghee'. B also started producing ghee

under the Trade Mark ‘Mathurag Ghee'. Is there any infringement? " !

•Similar TM, identical nature of goods/services!

•Discuss scenarios of 2 kinds- one where Mathura Ghee is registered and the

other in which it is not."!

•If the former is a registered TM- then infringement under the Act!

•If the former is unregistered- they will still retain right to claim passing oﬀ but

not under the Act." #

6. A neurologist invents the cure of epilepsy by delivery of mild electric shocks to brain, will he

be entitled to claim patent for such a method of treatment. " !

•No, explain why medical procedures/surgical processes are not patentable under

section 3!

•Eli Lilly Case" #

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Intellectual Property Rights 1 Problem Questions and answers: Note-! These are not the complete answers. I have given the essential points that your answer must constitute. Any case laws apart from the ones discussed in class can be used as well (as long as they are relevant). Write the answers in the regular pattern you have been following to answer problem based questions. If you are unaware of the exact case law, use words like “in a landmark case/ well-known judgment” but do not write wrong/made up case names(same goes for the provisions and sections).!

‘A "sellshisallopathicmedicinalproductunderthetrademark #Enerjex"! which is a registered trade mark. #B"!also sells his Ayurvedic medicines with the trade mark #Enerjase". Does it amount to infringement of trade mark? Decide. - (^) Can amount to infringement- similar trademark + similar nature of goods/services - (^) Justify infringement by showing how its deceptively similar
#A"! invented an antivirus software namely #Fast heal"! to provide protection to the computer system. He has applied for patent protection for his invention. Advise him.

• Under the Indian Copyrights Act- software is considered as literary work- explain why

• So, he will only get a copyright and it is not patentable

• Mention that under section 3 of Patents Act- copyrightable material is expressly barred

from getting patented.

Anautomobile company named Tata enjoys a goodwill in the market and is the proprietor of a registered trade mark #TATA". In order to encash this reputation #B"!registered www.tata.org. A domain name in his company"s name. Does this amount to infringement of trade mark? - (^) Domain name is trademark- explain with Sify Case - (^) Then explain cybersquatting- and how this amounts to infringement of TM - (^) We have discussed similar case laws
A physics teacher explains a principle in his class.One of his students makes a working invention producing a new result by putting into use the principle taught by his teacher. Who has patent right? - (^) The student will have the patent - (^) Because the teacher only has the idea- which has no IP protection - (^) The student on the otherhand- creates a product which satisfies the essentials of patent (list the essentials also)- so he can get it.
A was producer of ghee under Trade Mark ‘Mathura Ghee'. B also started producing ghee under the Trade Mark ‘Mathurag Ghee'. Is there any infringement? - (^) Similar TM, identical nature of goods/services

• Discuss scenarios of 2 kinds- one where Mathura Ghee is registered and the

other in which it is not.

• If the former is a registered TM- then infringement under the Act

• If the former is unregistered- they will still retain right to claim passing off but

not under the Act.

A neurologist invents the cure of epilepsy by delivery of mild electric shocks to brain, will he be entitled to claim patent for such a method of treatment. - (^) No, explain why medical procedures/surgical processes are not patentable under section 3 - (^) Eli Lilly Case

The Plaintiff holds trademark on ‘DON’. The defendant begins to use trade markers ‘DAWN’. The Plaintiff challenges it. Decide. - (^) Multiple scenarios possible - (^) If they are dissimilar goods- probably no likelihood of confusion - (^) If they are similar- then again depends on whether the former is registered or not - (^) Discuss phonetically similar TM
‘X’ a proprietor of a registered Trademark brings a suit against ‘Z’ for infringement after 15 years of such infringement. Is there any irregularity in the suit? Comment. - (^) Yes, there is an irregularity - (^) Explain acquiescence
‘A’ is registered proprietor of Trade Mark M-SEAL. ‘B’ adopted and used mark ‘SM-SEAL’ with all essential characters of trademark ‘M-SEAL’. Can ‘B’ be restrained from using the mark? Decide. - (^) Direct question - (^) Yes, clear infringement ( explain why its infirngement)- explain injunction as one of the remedies as the question asks if he can be restrained form using that mark further.
‘X’ invents a machine which is capable of producing bricks from fly-ash. Previously no method existed for making any commodity of utility from fly-ash generated by thermal power plants.Would ‘X’ be entitled to claim a patent both in the method of manufacture and the substance obtained by such manufacture?
- (^) Explain essentials of patent
- (^) Novelty in particular- as the question specifies that no method existed earlier
- (^) Explain how patent is given to both product and process but they will be separate patents- in this he can only obtain patent for process- as product is not new only process is.
Kiran Kariyappa who is an authorised user holding a right in a registered geographical indication dies. On whom does his right devolves?
- (^) Section 24 proviso
- (^) Explain who is an authorized user
A trademark user of a device ‘clock’ claims that his mark has become distinctive because he is using the mark since last 20 years. Is his claim of distinctiveness sustainable? - (^) If it has garnered secondary meaning – like apple- then yes it can be registered
The Central Government uses a patented drug of Vihan natural products ltd., at its public dispensaries, without the permission of the patentee. The patentee intended to sue the Government and seeks your advice. Kindly give your opinion.
- (^) Explain rights of patentee
- (^) The govt. can use patented product/process but not without permission of the patentee.
An employee working for a firm comes out with an invention after much efforts in the laboratory. But after the intention, the employer obtains patent in the name of firm on the invention. Which of the theory supports employee’s position?
- (^) Labour theory/ sweat of the brow theory- who works on the invention, put their effort and hardwork should get it.
Rama and Laxman are authorised users who have registered for identical or nearly resembling Geographical Indication. Rama claims on exclusive right over it. Will he be able to claim it?
- (^) No refer to Section 20(3)

Previous year question on ipr, Exams of Intellectual Property (IP)

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