KSLU Corner™ New AIBE previous QP

IPR II

LL.M. · 8 topics in 4 units

Past question papers for IPR II

Unit I 2 topics

  1. Concept of Property and Its EvolutionMeaning of property in law and jurisprudence, its evolution from communal and tribal holding through Roman dominium, feudal tenure, natural rights, Blackstone, Bentham, Marx and the social function theory, the Hindu and Islamic traditions, the Indian constitutional journey from Article 31 to Article 300A, and the extension of property to intangibles and intellectual property.8 min
  2. Forms of Industrial and Intellectual PropertyThe definitions of intellectual property in the Paris Convention, the WIPO Convention and TRIPS, the division into industrial property and copyright, a survey of each form with its Indian statute, subject matter, test and term, and the classifications by registration, by function and by duration.6 min

Unit II 1 topic

  1. WIPO, Berne and the International IP SystemWIPO's origin in BIRPI, its objectives, organs and functions under the 1967 Convention, the three families of treaties it administers, the Berne Convention's principles and the 1971 Appendix, the related rights and digital treaties (Rome, WCT, WPPT, Beijing, Marrakesh), the 2024 treaties on genetic resources and design law, and the relationship between WIPO and the WTO.6 min

Unit III 3 topics

  1. Copyright and Related Rights: An OverviewThe Copyright Act 1957 as amended in 2012 at survey level: protected works and originality after Eastern Book Company, the idea-expression dichotomy after R.G. Anand, ownership and the film-music problem, economic and moral rights, term, related rights, fair dealing and the DU photocopy case, compulsory and statutory licences, and the digital provisions, with comparisons to the US and UK.6 min
  2. Trade Marks: Concept, Functions and ProtectionA survey of trade mark law: definition and kinds of marks under the Trade Marks Act 1999, the origin, quality and advertising functions and Schechter's dilution theory, absolute and relative grounds, infringement and passing off after Durga Dutt, deceptive similarity after Amritdhara and Cadila, well-known marks and trans-border reputation from Whirlpool to Toyota Prius, and the international framework.6 min
  3. Industrial Designs, Layout-Designs and Trade SecretsThe smaller industrial property rights in overview: designs under the Designs Act 2000 and the Hague system, the design-copyright overlap, layout-designs of integrated circuits under the 2000 Act and TRIPS, and trade secrets and confidential information under the common law, TRIPS Article 39, the US and EU statutes and the Law Commission's 2024 proposal.6 min

Unit IV 2 topics

  1. Geographical IndicationsWhat a geographical indication is and how it differs from a trade mark, the Paris, Madrid, Lisbon and TRIPS framework with the Article 23 wines-and-spirits hierarchy, the Indian GI Act 1999 on registration, authorised users, term and infringement, Darjeeling and Karnataka's GIs, the Basmati and generic-name disputes, and the debate on extending higher protection.6 min
  2. Traditional Knowledge, Biodiversity and Plant VarietiesWhy traditional knowledge and genetic resources do not fit IP law, the biopiracy cases (turmeric, neem, Basmati), the CBD, Nagoya Protocol and the 2024 WIPO treaty, India's defensive protection through the Patents Act, the Biological Diversity Act 2002 as amended in 2023 and the TKDL, and plant variety protection under UPOV and the PPV&FR Act 2001 with farmers' rights and the PepsiCo case.7 min