MIP-003 I

POST GRADUATE DIPLOMA IN INTELLECTUAL PROPERTY RIGHTS (PGDIPR)

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Term-End Examination December, 2009

MIP-003 : INDUSTRIAL PROPERTY : O TRADEMARKS, GEOGRAPHICAL INDICATIONS, TRADE SECRETS, UNFAIR COMPETITION
Time : 2 hours are given in each question Maximum Marks : 50 Note : All questions are compulsory. However, internal choices

1.

State whether the following statements are true or false : Answer any five parts : 1x5=5 The Paris convention contains provisions on collective marks in its Article Ibis Fragrance can be used as a trade mark. TM, SM and Uare often put in superscript form.The protocol relating to the Madrid Agreement entered into force on December I, 1995 The Paris convention for the protection of industrial property does not use the form of geographical indications Trade secrets can be registered.

MIP-003

P.T.O.

2.

Fill in the blanks. Answer any five parts : 1x5 =5 in 1972, refused High court of registration of the JANATA trademark. The registered owner of trade mark has the exclusive right to The protocol relating to the Madrid Agreement came into operation on The Lisbon Agreement for the protection of Appellation of Origin was established on TRIPS Agreement expressly protects undisclosed information under it's Article The law against unfair competition benefits as well as the consumers. the

3.

Attempt any three parts : 5x3=15 Describe the types and categories of signs which may be used as trademark. 'A trademark must be distinctive'. What criteria govern the refusal of registration for lack of distinctiveness ? What do you understand by Deceptiveness and Partial deceptiveness ? Explain Which rights arise from trademark registration ? What are the remedies for trademark infringement ?

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4.

Attempt any two parts : 5x2=10 What do you understand by personality Merchandising and Image Merchandising ? Under what conditions, the use of Trade Secrets is not considered as infringement ? (c) Explain the Paris Convention provision relating to the concurrent use of the same trademark by different enterprises. Attempt any three parts :
5x3=15

5.

State the differences between a trademark and a geographical Indication. WIPO has administered three multiltateral treaties which contain provisions for the protection of Geographical Indication. Name them and discuss any one in brief. What do you mean by comparative advertising ? What are the dangers of comparative advertising ? What is a trade secret ? Why is it important to protect trade secrets ? -o0o-

MIP-003