POST GRADUATE DIPLOMA IN INTELLECTUAL PROPERTY RIGHTS (PGDIPR) Term-End Examination
December, 2011 MIP-007 : ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS Maximum Marks : 50
Time : 2 hours
1. Attempt any five parts : (a)
5X2=10
Explain two grounds for infringement of registered trademarks.
(b)
What is meant by "delivery up" in the context of relief in case of infringement of IPR ?
(c)
Discuss at least two technological measures in preventing and detecting infringed goods.
(d)
What are the main objectives under TRIP Agreement for protection of IPRs ?
(e)
What are the powers of Police under the Copy Right Act 1957 in relation to seizure of infringed goods ?
(f)
What is the role of mediator in WIPO Arbitration and Mediation Centre ?
MIP-007
1
P.T.O.
2. Attempt any three parts :
3x5=15
(a)
Discuss the various measures suggested by International Trademarks Association Special Report 2004 in combating counterfeiting.
(b)
Discuss in brief the proceedings of conciliation under Indian Arbitration and Conciliation Act 1996.
(c)
Discuss in brief the infringing acts during the manufacture of patented products with exception.
(d)
How is mediator appointed and how does he conduct the mediation procedure in WIPO Arbitration and Mediation Centre ?
3. Attempt any two parts : (a)
2x5=10
What are the remedies available under TRIPs Agreement for infringement in specific IP instruments ?
(b)
Discuss in brief, implication of counterfeiting.
(c)
What are the main functions being performed by WIPO mediation and Arbitration centre with respect to the conduct of the dispute resolution procedures ?
MIP-007
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4. Attempt any three parts : 3x5=15 (a) What is meant by "Apply a trademark or trade description to goods and services". ? Explain with reference to various acts being performed by the owner. (b)
Explain the provision under TRIPs Agreement for the protection of Geographical Indication. Explain the provision for the protection of homonymous GI.
(c)
What is the composition of Arbitral Tribunal under the Indian Arbitration and Conciliation Act 1996 ? What are the
(d)
grounds for challenging his appointment ? What are the preliminary relief available as civil remedies in IPR infringement action in India ?
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