Fill in the Blanks:
1. A company intends to protect its tagline ‘Yeh dil mange more’ sort out the possible op>ons
for the company:
The company can apply for trademark registra>on to protect its tagline.
2. Explain about John Deo order/Ashok Kumar order:
A John Doe order allows ac>on against unknown defendants to prevent rights infringement.
3. Define ‘trade mark’:
A trademark is a sign, design, or expression iden>fying products or services from a par>cular
source.
4. ‘The Trade Marks Act, 1999 also accommodates certain rights/remedies to unregistered trade
marks’. Jus>fy:
The Act allows for common law remedies like "passing off" to protect unregistered
trademarks.
5. Explain the impact of Diamond V.Chakrabarty (US-SC) case:
The case allowed for the paten>ng of gene>cally modified organisms, significantly impac>ng
biotechnology patents.
Short answer ques>ons:
1. An editor of JKCL-Law Times, a fortnightly law journal repor>ng the judgments of High Court
of Telangana intend to protect his work (repor>ng Judgments), explain the instance under which
repor>ng of judgments of the editor can be protected.
Ans: The repor>ng of judgments by the editor can be protected under copyright law if it
involves original commentary, analysis, or arrangement. Mere reproduc>on of judgments
cannot be copyrighted, but the editor’s unique expression and editorial work can. Copyright
protec>on ensures others cannot use the editor’s work without permission.
2. Explain the concept that ‘no man is en>tled to represent his goods as the goods of another
man’.
Ans: This concept, known as "passing off," protects against misleading representa>ons that
deceive consumers into believing one’s goods are those of another. It prevents unfair
compe>>on and protects the goodwill of established brands. The principle ensures that
consumers are not misled and that businesses compete fairly.
3. A company intends to Trade Mark ‘123’ as its brand name for a product. Analyse the
possibili>es of ge_ng its registra>on.
Ans: The trademark registra>on of '123' may be challenging if it is deemed too generic or lacks
dis>nc>veness. If the company can demonstrate that '123' has acquired dis>nc>veness through
extensive use, it might be registered. The company should provide evidence that '123' uniquely
iden>fies their products in the market.
4. A product is a result of admixture of substances. Analyse the possibili>es of paten>ng the
product.
Ans: The product can be patented if it meets the criteria of novelty, non-obviousness, and
industrial applicability. The admixture must result in a new and useful product that is not
obvious to someone skilled in the field. Detailed documenta>on and claims will be required to
support the patent applica>on.
5. Enumerate ‘what are not inven>ons’ and the significance of knowing ‘what are not
inven>ons’.
Ans: "What are not inven>ons" includes scien>fic theories, mathema>cal methods, business
methods, and naturally occurring substances. Understanding these exclusions is crucial to avoid
was>ng resources on non-patentable ideas and to focus efforts on genuinely innova>ve and
patentable inven>ons. It ensures compliance with patent laws and strategic planning in research
and development.
