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THE WB NATIONAL UNIVERSITY OF JURIDICAL SCIENCES End Semester Examination Eighth Semester 2007 Batch INTELLECTUAL PROPERTY LAW II

FULL MARKS 70 Time Allowed: 3 Hrs

Bare Act is allowed Attempt all questions

1. Anil obtained patent on the method of making lemon juice by

combining lemon with water and sugar as well as on the product (juice). Sudhir teaches in his hotel management class how to make lemon juice. Anil has sued Sudhir for infringement of both of his patents. Decide. 5
2. Hena has a process patent covering a method of making a drug to cure

baldness. Sujan is planning to apply for a patent on a drug to cure baldness by adopting a different method. Advice Sujan. Pritam is planning to apply for a patent for a method of treating baldness by applying oil extracted from traditional leaves. Advice Pritam. 5+5=10

3. A traditional community from southern India is reputed for its ability to

solve complex puzzles. A research institute suspected that the mental skill of this indigenous group was due to their consumption of the leaves of a particular plant. The research institute published a report on this plant. A pharmaceutical company identified active ingredient from the leaves of this plant and manufactured a drug for enhancing brain power. The company filed patent application for this drug in India and thereafter introduced the drug to Indian market. The drug turned out to be a huge commercial success. Prepare a report (Sec 3 and inventive step ) on the prospect of receiving patent for this invention. 10

4. Aspirin is being widely used as a relatively safe antipyretic, analgesic

and anti-inflammatory agent. It however has the drawback that it has a gastric ulcerogenic activity with the consequence that it causes nausea and loss of appetite and even induces gastric disorder as peptic ulcer. A pharmaceutical company has invented a compound called aspirinisopropylantipyrine which possess superior analgesic, antipyretic and anti inflammatory property but demonstrates marked reduction of gastric disorder. Examine the possibility of obtaining patent (Sec 3 and novelty) for this invention. 10

5. Conventional windmill is encountered with a problem that is only when the wind flows at a velocity greater than a predetermined value and the air has a high density, the propeller shaped rotor can be rotated to convert the wind into electric power. Therefore in the case of a gentle wind blow it is impossible to generate electricity using the conventional windmill.

One scientist has made a windmill which has wind guide plates extending in a radial direction and upper plate for preventing dispersion of the wind so that electricity can be generated irrespective of wind direction or a wind velocity even when a gentle wind blows. Examine the inventive step of the invention. 10

6.

Surgico owns a patent on Endoscope and it manufactures and sells them in the market. Many hospitals are regular clients of Surgico and appreciate quality of its products. Recently Surgico has discovered that these hospitals discard Endoscopes once they find them to be defective and Surgirepo, another company, collects these defective Endoscopes, repairs them and sells them back into the market, without any license from Surgico. Surgico has sued Surgirepo for infringing its patent on Endoscope. Argue for both sides and decide. 10

7. Google has applied for a patent in India on Ringback Advertising. The

invention describes a system for delivering ads to any type of phone


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system including IP, cellular or landline phones. The idea is to place software somewhere within the flow of telephone data that can identify when a given call is not active and then it request audio ads for delivery during that time. It can be used when the caller is dialing or call is placed on hold or is suspended via call waiting. Ads can be targeted based on callers interest and geographic location. Examine the possibility of receiving patent (Sec 3) for this invention. 10

8. Examine following inventions (Sec 3)

2.5 x 2 = 5

i.
ii.

Synthetic cornea Jammer which interferes with telecommunication signals, thus used for security supposes.