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Intellectual Property Law - April/May 2009 3YDC

Question Type Question  
Short Geographical Indications
Short Patent Co-operation Treaty
Short Neighbouring Rights
Short Music Piracy
Short Distinctiveness of Trademark
Short Lay-out Designs
Short Patent of Addition
Short Compulsory License.
Long Explain the Salient features of TRIPS Agreement.
Long Who is the owner of Copyright? How can it be assigned?
Long What amounts to Infringement of Trade mark? Distinguish "Infringement" from "Passing off".
Long What can be patented ? How can a patent be obtained?
Problem An author assigned copyright in his book to a film producer for making a movie. There was distortion of the original characterization in the book, by the producer of the movie. The Author felt aggrieved and he would like to protect his reputation? Can he succeed?
Problem A trader would like to use the name of a living person as a trade mark for business, without the consent of such living person. Can he succeed in registration of such trade mark?
Problem An association of Udipi Hotels at Hyderabad would like to protect the "Idly Making Process" used in all the hotels. Can it succeed ? If so which law enables such Protection in India.
Problem A farmer invented a new method of agriculture to cultivate sugarcane. Can be get such agricultural method patented ? Discuss.
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