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    Nirma University: Institute of Law Continuous Evaluation, October 2021

    Uploaded by

    kapil shrivastava

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    Nirma University

    Institute of Law
    Continuous Evaluation, October 2021
    B.A./B.Com., LL.B. (Hons.), Semester-VII
    Course Code & Name: 2BL726 - Intellectual Property Law

    Roll/Exam No. Supervisor’s Initial with


    date

    Time: 1 Hours 30 Minutes Max. Marks : 40


    Instructions:
    1. All questions are compulsory.
    2. Figures to right indicate full marks and maximum word limit.
    3. All submissions must be handwritten.
    4. All pages of the answer book shall be scanned sequentially in a
    single pdf file before uploading. Maximum file size is 20 MB.
    5. The student will be responsible for the quality of the scanned
    answer sheet.
    6. In case of any technical glitches while uploading, contact the
    course coordinator immediately.
    7. Please state your roll number, course code, course name, and date
    of examination on top of every page.
    8. No late submission will be entertained.

    1. In 2008, Dipla, one of the largest pharmaceutical company in the world filed
    a patent application for its product “CHERACETAMOL” before the Kolkata
    Patent Office. The drug is a breakthrough and is used for the cure of bone
    marrow cancer and hence is already patented in more than 40 countries.
    This drug is invented as a beta-crystalline form of “DERACETAMOL”. Due to
    this, “CHERACETAMOL” has attracted ‘opposition’ on the ground that the
    drug is a new form of a known substance “DERACETAMOL” and hence lacks
    ‘Novelty’. Dipla replied to the ‘opposition’ by stating that “CHERACETAMOL”
    has enhanced efficacy of 25% as compared to “DERACETAMOL”.
    a. Examine, with the help of landmark judgments and requisite
    reasoning, the concept of “enhanced efficacy” and provide whether
    the given invention is consistent with Section-3(d) of the Indian
    Patent act.
    b. Examine if the invention qualifies for the test of Novelty as
    provided under Indian Patent Act.

    (Que.1 = 10+5 marks; Max. words: 750)

    2. In an International Conference organized by Professor (Dr.) Viru


    Sahastrabuddhe at ICT-Delhi, Professor Ranchoddas Shyamaldas Chanchad
    (Prof. Rancho), one of the emerging scientist & faculty, stated;

    “Teaching, Motivation and Suggestion Test (TSM Test) as


    propounded in KSR International vs. Teleflex Inc. is a better test
    to find and adjudicate the underlining “Innovative Concept” for
    any invention under Patent Law, when compared to the ‘Graham
    Factor Test’ (Graham Test) as laid down in William T. Graham vs.
    John Deer Company of Kansas City”.

    In the same conference, Professor Chatur Ramalingam, one of the favorite of


    Prof. Viru, stated;

    “TSM Test, alone, can never be accepted as a factor to determine


    the innovative concept and one has to read TSM Test in addition
    to the Graham Test for decide if the invention crosses the
    threshold of “Non-obviousness” and could be granted a Patent.”

    Examine the statement given by Professor Rancho and Professor Chatur


    and provide, with the help of precedents and requisite reasoning, if the
    statement same by both are correct. If you are accepting or rejecting
    statement by either of the Professors, provide proper reasoning for the
    same.

    (Que.2 = 15 marks; Max. words: 750)

    3. ‘Pablo Picasso Escobar’ is one of the greatest painter having expertise in


    contemporary painting and arts. He is based in Malaga city of Spain. He has
    created a portrait painting for one ‘Mona Lisa’, who is based in India, for
    which she has given him 20,000 Euro. Two years later, Mona Lisa has
    observed that Adharma Production (India) has produced a movie named ‘My
    Name is Escobar’ where they have used given portrait without taking any
    license from ‘Mona Lisa’. Against this, she has filed a suit in Bombay High
    Court for infringement of her copyright in the portrait. In reply, Adharma
    Production house has stated that they have received all the requisite
    licensing from ‘Pablo Picasso Escobar’ as the portrait is created by him and
    he is the first author of the copyright in said portrait.
    a. Examine the situation and determine, by citing precedents and
    proper reasoning, who will be the first author of copyright.
    b. Frame five argument which strengthen the case of Mona Lisa.

    (Que.3 = 5+5 marks; Max. words: 500)

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