CS Executive – New Syllabus
Mock Exam Dec 2024
Economic, Commercial and Intellectual Property Law
Maximum marks: 100 Total number of questions: 6
NOTE: Answer ALL Questions
PART–I
(5 marks each)
1. Anita purchases a blender from a well-known appliance store. After using the blender for a
few weeks, it suddenly malfunctions and causes severe injuries to Anita's hand while she was
preparing a smoothie. Anita learns that the blender had a defect in its design that was not
disclosed by the manufacturer. She seeks compensation from the manufacturer for her
injuries.
Answer the following questions:
i. Can Anita file a product liability claim under the Consumer Protection Act?
ii. What must Anita prove to establish her claim for product liability?
iii. If the manufacturer denies liability, what recourse does Anita have under the Consumer
Protection Act?
(5 marks each)
2. (a) Riya and Neha, two competitors in the smartphone market, enter into an agreement to fix
the prices of their smartphones at a certain level to avoid price competition. This agreement
leads to higher prices for consumers. Discuss the nature of this agreement under The
Competition Act, 2002, and the implications of such anti-competitive practices.
(b) Ankit is a businessman who is suspected of being a fugitive economic offender under the
Fugitive Economic Offenders Act, 2018. Authorities receive a tip-off that Ankit is hiding crucial
documents related to his alleged financial crimes. When they arrive to conduct a search, they
follow the procedures outlined in the Act. Discuss the provisions relating to Search of Persons
under the Act.
(c) Ravi is an entrepreneur in India who wishes to make an overseas direct investment (ODI) in
a technology startup based in Singapore but is unsure of the exact steps he needs to take to
comply with the Overseas Direct Investment guidelines. What procedure should Ravi follow to
make this investment, and what documents does he need to submit?
(5 marks each)
3. (a) Rohan, a farmer, purchased a tractor from Hugo Limited specifically for agricultural
activities, including ploughing his fields and transporting his crops. After a few months of use, he
began using the tractor for a side business, offering transportation services to his neighbours for
a fee. Unfortunately, the tractor developed serious engine issues, and when Rohan approached
Hugo Limited for repairs, they refused to assist, claiming that Rohan was not a 'consumer' under
Section 2(i)(d) of the Consumer Protection Act, 1986, due to the commercial nature of his side
business. Rohan subsequently filed a complaint with the Consumer Dispute Redressal Forum
seeking compensation for the damages. Will Rohan succeed in his case? Discuss the relevant
provisions of law and any applicable case laws.
(b) Ravi, a well-known journalist and editor of a local newspaper, has been approached by a
foreign NGO offering him a significant amount of money to support a public awareness
campaign against corruption in India. The NGO wants Ravi to use these funds to publish articles
and host events related to their cause. Ravi is enthusiastic about the initiative but is unsure if
accepting this foreign contribution is legal under the Foreign Contribution Regulation Act (FCRA),
2010, since he is a journalist and holds an editorial position. Can Ravi legally accept the foreign
contribution from the NGO? What provisions of the FCRA, 2010, apply to his situation?
(c) Rohit owns a piece of property that is suspected to be held as benami. The Initiating Officer,
suspecting this, issues a notice to Rohit to explain why the property should not be treated as
benami. Can the Officer also provisionally attach Rohit’s property during the inquiry period?
Explain the provisions pertaining to notice and attachment of property involved in benami
transaction under The Benami Transactions (Prohibition) Act, 1988.
Attempt all parts of either Q. No. 4 or Q. No. 4A
(5 marks each)
4. (a) What do you understand by ‘foreign contribution’ under the Foreign Contribution
(Regulation) Act, 2010.
(b) Describe the provisions governing the constitution, duties, powers, and functions of Board of
Approval under the Special Economic Zones Act, 2005.
(c) According to Section 41 of the Competition Act, 2002, the Director General is empowered to
conduct investigations into contraventions and has certain duties and powers. Discuss.
OR (Alternate question to Q. No. 4)
4A.(a) What is the Duty-Free Import Authorisation Scheme (DFIA)? State the eligibility
requirement under the scheme.
(4 marks)
(b) Distinguish between Current Account Transactions and Capital Account Transactions.
(4 marks)
(c) What factors does the Commission consider when inquiring into whether a combination
has an appreciable adverse effect on competition in India?
(4 marks)
(d) Enumerate the salient features of the Benami Transactions (Prohibition) Act, 1988.
(3 marks)
PART–II
5. Genesis Innovations Ltd., a biotechnology company, developed a new compound with
potential therapeutic benefits. The compound is derived through a novel process involving the
extraction and modification of certain naturally occurring microorganisms. Genesis Innovations
filed a patent application for this process and the compound itself, claiming it to be an inventive
and industrially applicable discovery with increased therapeutic efficacy. However, Alpha
BioWorks Ltd., a competitor, argued that the compound is derived from natural sources and
therefore not patentable. They also claimed that the patent application lacks inventive step and
does not meet the required standards of therapeutic efficacy.
Based on this scenario, answer the following questions:
i. Can Genesis Innovations patent both the process and the compound? Explain the criteria
for patentability that apply in this case.
(3 marks)
ii. What does the term “inventive step” mean, and does Genesis’s application appear to
meet this requirement?
(3 marks)
iii. How does the Patents Act define “therapeutic efficacy,” and what would Genesis need to
prove for the compound to be patentable under Section 3(d)?
(4 marks)
iv. What types of inventions are excluded from patentability according to Sections 3 and 4
of the Patents Act, and how might these exclusions impact Genesis’s application?
(5 marks)
v. If Genesis’s patent is granted, what exclusive rights would they hold, and what actions
could they take against Alpha BioWorks if infringement occurs?
(5 marks)
Attempt all parts of either Q. No. 6 or Q. No. 6A
(5 marks each)
6. (a) Consider the following scenarios. Do these acts constitute an infringement of copyright
under the Copyright Act, 1957?
(i) XYZ News Channel broadcasts a summary of an academic lecture delivered by Dr. Sunita, a
professor at a local university, on current environmental issues.
(ii) John, a software developer, makes a copy of a legally acquired computer program for
personal backup.
(iii) A local artist includes a small, background photograph of a famous statue in a public park
within a scene of her movie.
(iv) A local magazine republishes an article on recent political events from an author who has
not explicitly reserved rights for reproduction.
(v) An amateur theatre group performs a famous play to raise funds for a nonprofit school with
no audience charges.
(b) Meera seeks to register her unique "Himalayan Honey" as a geographical indication, claiming
it has special properties due to its origin. However, she discovers that the term "Himalayan Honey"
is commonly used by various producers across the region, leading to confusion among
consumers. Discuss whether Meera's application for registration can be successfully granted
under Section 9 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
(c) Explain the concept of compulsory licenses under the Indian Patent Act, 1970.
(d) Discuss the grounds for refusal of registration under Section 9 of the Trade Marks Act, 1999
with relevant case laws.
OR (Alternate question to Q. No. 6)
(5 marks each)
6A.
i. List out the conditions that must be satisfied for a design to be registered under the
Designs Act, 2000. How does the registration process address designs under Section 6 of
the Act?
ii. Write a note on Copyright infringement.
iii. Who are the persons entitled to make an application for patent? When should an
application for a patent be filed?
iv. World Intellectual Property Organization (WIPO) is devoted to using intellectual property
as a tool to foster innovation and creativity. Comment.
