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THE W.B.

NATIONAL UNIVERSITY OF JURIDICAL SCIENCES End Semester Examination Seventh Semester 2005 Batch Intellectual Property Law - I Full Marks - 60 Answer all questions (Bare Act without comments of Copyright Act and Trade Mark Act are allowed) 1. LAWNET has collected all cases relating to copyright decided by the Indian Supreme Court. It has also written brief history of each case and how that case has influenced Indian copyright law. This collection is made available in a CDROM. This CD-ROM allows user to make a search on the basis of partys name, year and Judges name. Modern Publisher has published a book which contains a collection of cases relating to copyright, decided by the Indian Supreme Court, arranged in a chronological order and accompanied by a brief history of each case and how the case has influenced the Indian copyright law. LAWNET has filed copyright infringement case against Modern Publisher. Decide and compare legal positions in different jurisdictions. (10) 2. RADIO X, a radio channel approached a recording company to obtain licence to play titles owned by the recording company in their FM channel. Though the recording company has given such licenses to other FM channels, it refused RADIO X. On refusal, RADIO X approached Copyright Board for compulsory license. Write the decision of the Board and critically evaluate the position of law in this regard. 3. (10) Time Allowed: 3 Hrs.

Ambani hired Hussain to make a sculpture in the year 2000. After 5 years Ambani sold the sclupture for Rs. 50,000. Hussain has approached you to seek your advice to claim a share of Rs. 50,000. Give your advice. (5)

4.

Music India has its own website and it allows its subscribers to upload music without license and also allows its subscribers to listen to this music through the Internet. Music India earns money through advertisement. Super cassette Co. 1

has come to know that many of its titles have been uploaded in the site and sue Music India for infringing its copyright. Decide. 5. (5)

Explain the concept of distinctiveness with decided cases. Discuss the significance of the concept in the trade mark practice. (10 marks)

6.

Mumbai based company Health care own trademark Colgate for their tooth paste. Arpan Choudary starts using the same mark Colgate for his bicycles. Health care institutes alleged passing off action against Arpan Choudary in the Delhi High Court. Give arguments for both sides and decide the dispute with the help of decided cases in this regard. (10 marks)

7.

Write short note on the following topics. a) Deceptive similarity b) Collective mark c) Trade mark opposition proceedings d) Absolute grounds for refusal of registration of trademarks

(2.5x4=10 marks)