IPR 2 QUESTION BANK

UNIT – 1
1. What is copyright? To what extent copyright in literary, dramatic and musical work
subsists? Discuss. – J 15
2. What do you mean by infringement of copyright? What are the remedies available for
infringement of copyright? – J 15, J 17, D 18, N 20
3. Copyright is a 'Bundle of Rights'. Describe various rights enjoyed by an owner of
copyright. – J 16, J 19
4. Explain in brief the works in which copyright subsists. – J 16, D 17, J 18, N 20
5. ‘Copyright exists in expression of idea and not in idea’, explain the statement in the light
of subject matter of Copyright. – J 17
6. When can compulsory licence be issued in copyright? Who will grant the compulsory
license and when it can be revoked? – D 17
7. State the acts which do not constitute infringement of copyright. – D 17
8. What are the ways in which the copyrighted work is assignable? – J 18
9. Define copyright and explain the nature and subject matter of Copyright. – D 18
10. What is copyright? Explain the salient features of Copyright Act. – J 19
11. What are the qualifying elements to be in existence in a work for its copyrightability? –
D 19
12. What are the nature of rights available in copyright? – D 19
13. What are the various modes of transfer of copyright? – N 20

UNIT – 2
1. What is bio-diversity? Discuss the functions and powers of the National Bio-diversity
Authority and the State Bio-diversity Board. – J 15, J 17
2. What is bio-diversity? Discuss the scope and nature of biological diversity. – J 16, J 19
3. What is bio-diversity? Trace the difference between ‘Bio-diversity’ and ‘Traditional
knowledge’. – J 17
4. Discuss the Constitution, powers and functions of National Biodiversity Authority. – D
17, D 18, J 19, N 20
5. Explain salient features, objects of Biodiversity Act 2002. – J 18, D 19
6. Define Biological resources. Explain powers and functions of National Biodiversity
Authority. – J 18
7. Who is a benefit claimer? How can benefit-sharing be given effect to under Bio-diversity
Act, 2002? – D 19
UNIT – 3
1. Discuss the policy and objectives of Protection of Plant Varieties and Farmers Right Act,
2001. – J 15, J 17
2. Discuss the rights recognized for the farmer under the Protection of plant varieties and
Farmers Right Act, 2001. – J 15
3. India has adopted Suigeneris system for protection of plant and plant varieties. Explain.
– J 16, D 18
4. Explain the salient features of the Protection of Plant Varieties and Farmer's Rights Act
2001. – J 16
5. Discuss the procedure for registration of registrable plant varieties. What is the duration
and effect of registration? – D 17
6. Discuss the requisites for registration and non-registration of varieties under Protection
of Plant Varieties and Farmers Rights Act 2001. – J 18, D 19
7. What are the powers and functions of protection of plant Varieties and Farmers' Rights
Authority? – J 19
8. Discuss plant breeder’s, researcher’s and community rights. State the exceptions. – N 20

UNIT – 4
1. Define design. What do you mean by piracy in copyright in design? What remedies are
available against the piracy of copyright in design? – J 15, J 17, J 19
2. Explain the conditions and procedure for registration under the Design Act, 2000. – J 16,
D 18, N 20
3. What is the significance of a design? Discuss the salient features of Design Act, 2000. – D
17
4. What are the powers and functions of the controller under Designs Act 2000? – J 18, D
18
5. Define the term 'design'. What are the prohibitions imposable on registration of design?
– D 19

UNIT – 5
1. Discuss the Objectives, background and salient features of TRIPS Agreement. – J 15, D
17, J 19
2. Explain the object and salient features of Berne convention. – J 16, J 18, N 20
3. Explain how ‘Paris Convention’ has contributed for the international protection of IPRs.
– J 17
4. Explain the salient features and objectives of convention on Biological Diversity. – D 18,
D 19, N 20
PROBLEM QUESTIONS
1. A drama was playing in an auditorium. Some of the selected audience were invited
by open tickets. It includes directors and producers who came there to watch the
play as the final product of their efforts. Such a stage play amount to publication. Is
copyright subsists in drama? – D 13
2. Akash an artist, created the statue of Nataraj in red colour with white lines. Mohan
another artist who painted the same statue in particular shape and different in
colour. Akash came to the conclusion that the statue was a clear imitation of him. He
wants to claim remedy. Will he succeed in claiming damage? – D 13
3. A textile manufacturer created a certain designs and he displayed them in the
showroom. Can it be registerable? – D 13
4. A photographer claims copyright in his photograph of a girl carrying a pitcher
pleading that his skill and labour is involved in choosing the exact moment and
setting up of the photograph. Will his claim for CR succeed? – D 12
5. In a textile designing firm, one person created certain design, while another filled
that design with colour. Can the two claim CR over the design individually? – D 12, J
16
6. A tennis racquet manufacturing company designs a racquet but before it is
registered, a tennis magazine publishes an advertisement of a similarly designed
racquet although under a different brand name. Who can claim CR? – D 12, J 17
7. Library authorities get five copies of a book Xeroxed which is copyrighted due to the
high price. Whether it is an infringement of copyright? – D 18
8. 'X' has a paper weight in the shape of a tree. Is it registerable? – D 18
9. A farmer has developed a new variety and wants to register it. Advice him. – D 18
10. The pieces of sculpture outside the National Museum are photographed by an
amateur photographer and the same are sent for photograph contest. Can the
National Museum bring an action for infringement? Give reasons. – J 13
11. 'A' journalist highlighted the flesh trade flourishing in some parts of the country in
his article and published it in the newspaper. A producer made a stage play and a
movie based on the articles published by the journalist. Can the journalist bring
action against the producer for infringement? – J 15
12. 'A' wrote a book consisted of selected passages from Plutarch's "Life of Alexander
the Great". The book also contained introduction and notes useful for education. A
similar book was published by 'B' with notes. Can 'A' bring an action for
infringement? Decide. – J 15
13. 'A' and 'B' manufactured biscuits. A's design was registered. 'B' used an identical
design embossed on the biscuits with letter 'AB' instead of letters 'AP' which were
embossed on A's biscuits. Can A file a suit for injunction? Decide. – J 15, J 17
14. ‘M’, conducts a research study on the health conditions of rural children. During a
debate on the programme for the improvement of health conditions of rural
children, M’s research report is circulated in the Lok Sabha. The circulation is made
without the permission of the author. Can M bring legal action against it? – D 19
15. In a designing firm, P creates a design and Q fills the design with colour. P and Q
claim CR individually over it. Will they succeed? – D 19
16. An agent of the registered plant variety wants to institute legal proceeding for
infringement in his own name as if he were the breeder. Will he succeed? – D 19
17. 'A' a photographer took a photograph of a painting of M.F. Hussain, then paints the
same himself and sells such copies painted by him. State whether photographer has
copyright. – D 17
18. Two books, one on biology and other on psychology was published in a span of a
couple of weeks by two separate publishing house. The biology book which was
published first did not register the cover design. The psychology book which was
published later and had identical design applied for registration, who gets the
registration and why? – D 17
19. A carpenter designs wooden furniture for sale at commercial sale, later files an
infringement suit against a neighbouring carpenter who sells similar furniture
pleading copyright violations. Can his work be called artistic work and will his claim
succeed? – D 17
20. A biology teacher in a college collects the articles written by researchers on cloning
and circulates the same amongst his students. Is he guilty of infringement? – J 14
21. A public library gets a copy of a book authored by a foreign author published abroad.
Due to high price of the book, the library gets 6 copies of the books made. Is the
library guilty of infringement? – J 14
22. An architect creates a certain design for multi-storied building. Can the contractor
who constructs the building claim copyright in designs? – J 14, J 19, J 16
23. A multi-national company designs a shoe in some country in Europe. But the shoe
with the similar design is already sold in India. Does the manufacturer have to apply
for registration in India too? Will he get it? – J 14, J 19
24. Three photographers took photo of statue of Mahatma Gandhi situated at a circle in
a town. Now the photographers claim copyright over the photos. Can they claim? – J
19
25. A paper setter picks up an extract from 'Suitable Boy' a popular novel authored by P.
Narayanan and asks questions based on the extract in the English literature question
paper set by him. Whether P. Narayanan can bring an action against the paper setter
for infringement? Decide. – J 16, J 12
26. A computer science engineering graduate prepared a software programme for
computing income tax of the employees of the large employer. He would like to get
his intellectual property in the software protected in India. How can he protect it? –
J 17
27. X and Y hold copyright on literary works. Y assigns the said copyright to Z without X's
assent. X challenges the assignment. Will he succeed? – J 18
28. A multi-national company which designs a shoe in Germany is already available for
sale in India with similar design. The said company wants to obtain registration of
design used on shoe. Will it succeed? – J 18
29. The registrar permits a breeder of a registered plant variety to surrender his
certificate of registration within one week of submission of requisition for it. Can it
be challenged? – J 18
30. One company manufactured globes mounted on wooden frame, the other
manufactures globes mounted on gold frames, the structures of the mount
remaining the same. The second company claims a CR in the design asserting the
novelty and originality of the gold frame. Can the second company get the CR in such
a design? – N 20
31. A work of fiction is written by ‘X’, ‘Y’ reads the work and author work carrying 10
chapters of the previous book which have been paraphrased by him though
marginally. Whether y has infringed the rights of X? – N 20
32. ‘A’ had borrowed a part of speech which was only of two-and-half minutes duration
in a 3 hour film. State whether A’s act amounts to infringement. – N 20