INTELLECTUAL PROPERTY RIGHTS-LAWS AND PRACTICES- NEW AND OLD
Questions :
(a) Whether the court have the territorial Jurisdiction in the given case ? (10 marks)
Yes- Courts have jurisdiction- section 62- the Courts have the jurisdiction where the plaintiff
resides or carries on business. Therefore, the Court has the jurisdiction to proceed with the
matter
(b) What are the rights of the copyright owner as per the Copyright Act ? (10 marks)
Rights of the copyright owner are as under:
a. Right of Reproduction
b. Right to Distribute
c. Right to make Derivative Works
d. Right to Public Performance
(c) Whether the third party can be subject matter of copyright infringement ? (10 marks)
Indirect infringement or secondary infringement- telegram/google
(d) What is the best mode of copyright protection under the given environment ? (10
marks)
Awareness, clear contractual means, block the infringing website, copyright violation
(e) Whether the copyright holder shall be entitled to any claim or rendition of accounts/profit
?
Yes- In the above given case Music no. 1 has the copyright over materials and it was infringed
by share.com which profited from such infringement. Thus the copyright holder will be
entitled to its claim or rendition of accounts/ profit.
2. Rajesh is a poet and maintains a blog ‘poet.blog.com’. He occasionally published his
work on websites. He claims copyright infringement due to google’s alleged copying
and distributing one of his work. Google defend and said that it is using an automated
program called Googlebot. The program creates index of the work available on
internet. The program created a cached version of the site. The cached version was
then included in search result of google search engine. One clicks on the link to the
cached version, the user can view a snapshot of the page as it appear at the time the
Googlebot found on site. Advise is there any copyright violation of Rajesh
No infringement- Section 52 (1)(c) of the Copyright Act, 1957 deals with the caching and
categorise this as a fair dealing
KBC one plus advertisement
Fair Dealing not defined under Indian Copyright Act
3. Looking at the growth of mobile phones and other electronic devices in Indian market
an Indian firm interested to make investment to market integrated circuits in India.
The problem is the firm does not have the technology to manufacture IC (Integrated
Circuits) therefore the Indian firm is negotiating with an American technology
company for signing the technology agreement for IC. Advise the American company
how the agreement can be signed between the American company and Indian firm
and can American company apply to cancel the registration of Indian firm as a
registered user of layout design in future if the American Company is dissatisfied with
Indian firm
Layout-Design Act, 2000- Registered proprietor and the proposed registered user shall have
to make a joint application in writing to the Registrar in a prescribed manner along with
agreement in writing (or a authenticated copy), entered into between them with regard to
use of layout design showing particulars of the relationship, existing or proposed
4. FACTS : Anand, the news reporter on behalf of the print media newspaper
WORLDNEWS approach Alexander for his comments on the Indian foreign policy after
the surgical strike of Indian force against Pak Sponsored terrorism. Alexander assured
him to provide a piece of article written by him instead of the interview due to paucity
of time. His Article was critical of the role of Pakistan and China on terrorism issue.
Subsequently, he sends the article to Anand, which he submits to the WORLDNEWS
as an editorial article after making certain corrections. The edited version of article is
soft on China for his role of international terrorism. Based on above facts answer the
following questions :
(a) Who owns the copyright on the given piece of article ?
(b) Is there any violation of the rights of the author of the copyright work ?
(a) Section17 (a) – Terms of employment
(b) There exists no copyright in news or facts or information
5. Mr. X claims to make an invention of a device which has twin purpose of serving as
torch and radio. As per the choice of the user, the device can be used for one or the
other use or both simultaneously. It has an option of electric charge or solar charge.
Advise Mr. X about the patentability of the product
Mere arrangement or rearrangement or duplication of known devices each functioning
independently of one another in a known way is not an invention
6. Dr. Albert Costa is Professor and Scientist with TATA Institute of Medical Science,
working in the area of molecular biology. During the process of his research with
regards to the environmental impact in his lab, he accidentally invents a new
microorganism which eats up the plastic content and converts it to bio product.
Hoping that his invention will eradicate the plastic related environmental pollution
worldwide, he wants to take the credit for his invention. What kind of Intellectual
Property Rights protection he is entitle to ? Give justification if any
Patent of life forms are not allowed. Section 3 of the Patents Act deals with invention which
are not patentable
However, Section 3 (j) makes an exception with regards to the microorganism, other than
the ones discovered from the nature, may be patentable. For instance, genetically modified
microorganism may be patentable subject to other requirements of patentability.
7. Mr. XYZ is a professional photographer hired by the tv channel Nature & Discovery to
capture the movement of various animals in the jungle and create documentary. Mr.
XYZ fixed his camera in different parts of the jungle for 24 × 7 hours. On the fourth
day when he returns back to the place of camera, he discovers that his cameras are
uprooted from their places.
On search he discovers various selfies of the monkeys on
his camera. He takes the credit for the monkey selfie and publishes it across the
globe. He is highly appreciated for the photo. PETA, an NGO files case against him
alleging that it is not his copyright work, but of the moneys, as they clicked the
photos by themselves. Decide the fate of copyright authorship and ownership in the
given case with proper justifications
his camera. He takes the credit for the monkey selfie and publishes it across the
globe. He is highly appreciated for the photo. PETA, an NGO files case against him
alleging that it is not his copyright work, but of the moneys, as they clicked the
photos by themselves. Decide the fate of copyright authorship and ownership in the
given case with proper justifications
8. PPP, a small scale industry company- old syllabus –
Questions:
(a) What are the requirements for the registration of a design? (10 marks)
A design is capable of being registered under the Design Act, 2000, only if it is new or
original
(b) What nature of work cannot be protected as design under Design Act? (10 marks)
According to the Designs Act, 2000 ‘Design’ means only the features of shape, configuration,
pattern or ornament or composition of lines or colour or combination thereof applied to any
article whether two dimensional or three dimensional or in both forms, by any industrial
process or means, whether manual, mechanical or chemical, separate or combined, which
in the finished article appeal to and are judged solely by the eye.
Books, calendars, Mere mechanical contrivance, Buildings and structures, Flags, emblems or
signs of any country, Layout designs of integrated circuits.
(c) As per your judicious understanding, what orders should be passed in the instant
case? (10 marks)
9. In North-East state the tribal people are producing a special type of beverage from
time immemorial which is extracted from a special type of flower found only in that
region. Now the state government is interested to get this product in Geographical
Indication category. With your expert knowledge explain how the product will be
recognized as Geographical Indication product and how the state government can
apply to bring this product under Geographical Indication.
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