U.S.N.

BMS College of Engineering, Bangalore-560019

(Autonomous Institute, Affiliated to VTU, Belgaum)

January 2017 Semester End Make Up Examinations

Course: Intellectual Property Rights Duration: 3 hrs.
Course Code: 11BT7DEIPR Max Marks: 100
Date: 13.01.2017

Instructions: 1. Answer any five full questions choosing one from each unit.
2. Assume missing data (if any) suitably

UNIT 1
1 a) With suitable case studies, appraise the three fundamental criteria for the 10
patentability of an invention
b) What is intellectual property? Evaluate Marx’s Theory on Property 05
c) “Plants and animals in whole or any part thereof other than microbes cannot be 05
patented”. Defend with respect to non-patentable inventions.
UNIT 2
2 a) Compare the advantages of PCT over national patent system. What are the 10
implications on India being a member of PCT?
b) Value the role of Paris convention briefly 05
c) Examine the salient features of the convention dealing with copyright protection. 05
UNIT 3
3 a) What is compulsory licensing? Under what circumstances it is allowed. Evaluate in 10
detail.
b) Examine the following case studies 10
i. Glaxo vs CIPLA India Pvt Ltd.
ii. Hilton Davis Chemical Co. vs Warner-Jenkinson Co.
UNIT 4
4 a) Evaluate with the help of case studies the concept of novelty and inventive step in 10
biotechnological inventions.
b) Judge the commercial potential of biotechnological inventions in agriculture 05
industry.
c) What are the applications of BT in medical field? 05
 OR
5 a) Critically examine the moral issues in patenting biotechnological inventions with 10
suitable case studies.
b) Ms. Deepthi and Ms. Swetha were successful in isolating the SARS virus and filed a 05
patent application for it. Can the isolated virus be patented as such? Give your
reasons.
c) BMS Hospital developed a drug from heroine which has medicinal properties and 05
which is fifty times stronger than that of the heroine. Examine the patentability of
the drug.
UNIT 5
6 a) Compare different UPOVs sorting out the sequence of development in the protection 10
of new varieties of plants.
b) Under controlled climatic conditions, mangoes exactly similar to Alphonsa mangoes 05
were produced in Antartica. The producers named it as Alphonsa mangoes and
claimed geographical indication protection for it. Are they entitled to protection
under the category of geographical indication? Argue.
c) Ms. Zhang Yin, a chinese entrepreneur appointed in her firm weavers of 05
Kanchipuram sarees from India and started to manufacture Kanchipuram sarees in
the traditional way as is done in Kanchipuram. Kanchipuram sarees are popular for
its unique qualities, which is known to origin from a place called Kanchipuram in
India. Whether the Chinese can claim protection under intellectual property rights?.
Judge with reference to relevant fields of intellectual proprety laws.
OR
7 a) Interpret Indian legislation for the protection of geographical indications. 05
b) Prashant, an agriculturist developed a new plant variety which is resistant to adverse 05
topological conditions, pesticides etc. He resorted to conventional breeding methods
like crossing, selecting etc. Whether he can claim protection? Judge.
c) Defend the statement “protection” could sometimes conflict with “conservation” 05
when it becomes “unsustainable” with respect to “Jeevani” case.
d) Describe bio-prospecting. 05

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