POST GRADUATE DIPLOMA IN 0 7 INTELLECTUAL PROPERTY RIGHTS (PGDIPR) 0 Term-End Examination December, 2015 MIP-003 : INDUSTRIAL PROPERTY : TRADE MARKS, GEOGRAPHICAL INDICATIONS, TRADE SECRETS, UNFAIR COMPETITION Time : 2 hours
Maximum Marks : 50
Note : All questions are compulsory. 1.
Attempt all the following questions. Each question carries two marks : 5x2=10 Explain in brief : (a) Rights of the Owner (registered) of a Trade Mark. (b) Application for registration of Trade Mark under the Trade Mark Law Treaty. (c) Protection of Geographical Indications through Bilateral Agreements. (d) Protection against unfair competition. (e) Signs reserved for use by the state, public institutions or International Organisations.
2.
Attempt any four parts. Each part carries 4x5=20 five marks : (a) 'A Trade Mark, in order to function must be distinctive'. Comment. (b) Explain the grounds for removal of Trade Mark from the Register.
MIP-003
1
P.T.O.
(c) (d)
(e)
3.
Explain the process involved in filing an international registration. Discuss the protection accorded to 'Well Known Trade Marks' under PARIS convention. Explain the pros and cons of Trade Secrets versus Plant Protection.
Attempt any two questions : 2x10=20 (a) Discuss in detail the various provisions of the Trade Mark Law Treaty. (b) Explain the 'Registered Owners' exclusive 'Right to use the Trade Mark' and the right to exclude others from using it. (c) What is meant by Protection of Geographical Indications ? Discuss the protection available to Geographical Indications at the national level.
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