Class Roll No.
Mid Term Examination, September 2017
B.A.LL.B. (HONS.)
SEMESTER VII IX
IPR (Hons.)-Patent
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. The discussions on scope of patentability of plants, animals and microorganism have been diverse across jurisdiction. While the Supreme Court of United States in Diamond v. Chakraborty in 1980 said "anything under the sun" is patentable, the Calcutta High Court (India) in 2002 laid down other criteria for process patents embodying a life form. In light of these two decisions, discuss the inherent limitations laid down by both the courts to define "manufacture" of life forms for the purpose of patentability.
The present popular philosophical foundations for justifying patent law regime are not perfect to the core. Discuss any of the justifications for the patent rights on inventions which you feel are most appropriate in modern international intellectual property regime with arguments and illustrations. (Marks
2. Mr. Nair discovered that the skin of fresh citrus fruit carries borax in very small amounts but is sufficient to render resistance to blue mould decay in citrus fruits. He started extracting these skins of citrus fruit by peeling off and drying them under sun and mixed the dried citrus skin along with other varieties of fresh fruit to preserve such fruits from blue mould decay. He filed a patent for these "processed citrus skin" in Chennai Patent Office. Decide, whether his invention is patentable subject matter or not under Section 3 of the Patent Act, 1970.
The patent law in British regime has marched from being a "prerogative of king" to "monopoly right" and finally become a "statutory right". With case laws and statutory support, illustrate this evolution of patent law in British regime. (Marks
3. Why Traditional Knowledge is not patentable subject matter for Indian Patent regime?
Agreement on Trade Related Aspects of Intellectual Property was a major blow to the then existing Indian Patent Regime. Drawing parallel to Norvatis AG's filing for patent in India for Glivec (as in issue in Norvatis AG v. Union of India 2013), highlight India's struggle for adoption of TRIPs compliant provisions in patent regime.
Whether patents are natural rights? Explain (Marks