Predicted Questions and Model Answers

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Q1: What is the subject matter of copyright under the Copyright Act, 1957? (5 marks, 50 words)

Model Answer (50 words): Under Section 13 of the Copyright Act, 1957, copyright subsists in: original literary works (including computer programmes), dramatic works, musical works, and artistic works; cinematograph films; and sound recordings. Copyright protects the expression of ideas, not ideas themselves. Protection is automatic from creation — no registration is required to enjoy copyright protection.

Q2: What is a Geographical Indication (GI) tag? Give two examples from India. (5 marks, 50 words)

Model Answer (49 words): A Geographical Indication (GI) tag, under the GI Act 1999, identifies a product as originating from a specific place where its quality, reputation, or characteristics are attributable to that geographical origin. India's first GI was Darjeeling Tea (2004). Other examples include Kanjivaram Silk (Tamil Nadu) and Blue Pottery (Rajasthan/Jaipur).

Q3: What are the conditions for granting a patent in India, and what cannot be patented? (5 marks, 50 words)

Model Answer (52 words): Under the Patents Act 1970, an invention must satisfy three conditions: novelty (not previously known), inventive step (non-obvious), and industrial applicability. Not patentable: scientific discoveries, mathematical methods, agricultural methods, medical treatment methods, computer programmes per se, and business methods. Section 3(d) specifically bars patents on new forms of known substances without proof of enhanced efficacy.

Q4: Explain the TRIPS Agreement and its implications for India's pharmaceutical patent regime. (5 marks, 50 words)

Model Answer (51 words): The TRIPS Agreement (1994) under WTO mandates minimum IPR standards for all members. India amended the Patents Act in 2005 to comply, extending pharmaceutical product patents for 20 years. India countered pharmaceutical monopolies through Section 3(d) (anti-evergreening) and compulsory licensing — upheld by the Supreme Court in Novartis v. Union of India (2013) regarding the cancer drug imatinib.

Q5: What is compulsory licensing, and when was India's first compulsory licence issued? (5 marks, 50 words)

Model Answer (50 words): Compulsory licensing allows a government to authorise production of a patented product without the patent holder's consent, when the invention is not available at affordable prices or reasonable public requirements are unsatisfied. India granted its first compulsory licence in 2012, permitting Natco Pharma to manufacture Bayer's sorafenib tosylate (Nexavar) — a kidney and liver cancer drug — at a fraction of Bayer's price.

Q6: Distinguish between copyright and trademark in terms of subject matter, protection duration, and registration requirement. (5 marks, 50 words)

Model Answer (53 words): Copyright protects original creative expression (literary, artistic, musical, dramatic works, films, recordings) for the author's life plus 60 years; registration is optional. Trademark protects distinctive brand identifiers (words, logos, sounds, colours) distinguishing commercial goods/services; registration is mandatory and valid for 10 years, indefinitely renewable. Copyright focuses on preventing copying; trademark focuses on preventing consumer confusion about source.