POST GRADUATE DIPLOMA IN INTELLECTUAL ... - IGNOU

1
Assignment Booklet -1
POST GRADUATE DIPLOMA IN
INTELLECTUAL PROPERTY RIGHTS
(PGDIPR)
2011-12
Tutor Marked Assignments (TMA)
for
MIP-001 to MIP 004
SCHOOL OF LAW
INDIRA GANDHI NATIONAL OPEN UNIVERSITY
MAIDAN GARHI, NEW DELHI – 110 068

Dear Student,
This booklet contains the assignments for MIP-001 to MIP-004. Each course has one assignment,
which you need to complete and send to your study centre before April 30, 2011 for students
enrolled in the January, 2011 and October 31 st , 2011 for students enrolled in July, 2011. Please
note that, you will not be allowed to appear for the Term End Examination for the course, the
assignments of which are not submitted before the due date.
The assignments constitute the continuous component of the evaluation process and have 30%
weightage in the final grading. You need to score 40% marks in assignment for each course in order to
clear the continuous evaluation component.
Instructions for Formatting Your Assignments
1) You should specify clearly on the first page of all your assignment responses the course code,
course title, assignment code, your enrollment number, name and address in the given format:
Course Code:…………………….
Course Title: ……………………
Assignment Code………………..
Regional Centre Code:…………..
Study Centre Code:………………
Enrolment no:…………………..
Name:……………………………
Address:…………………………
….……………….……………………………
…………………………………………………
…………………………………………………
…………………………………………………
……………
Date:……………………..
PLEASE FOLLOW THE ABOVE FORMAT STRICTLY TO FACILITATE EVALUATION AND
TO AVOID DELAY.
2) The Assignment Response should be hand-written and use only A-4 or foolscap size writing
paper (but not of very thin variety) for writing your answers.
3) Leave at least 4 cm margin on the left, top and bottom of your answer sheet for the evaluator’s
comments.
4) Your answers should be brief, precise and in you own words. Please do not copy the answers
from the study material.
5) A serious action will be taken if any attempt to copy the Assignment Response from other
student is done.
6) While solving the questions, clearly indicate the question number along with the part being
solved. Recheck your work before submitting it.
7) This assignment will remain valid for one year. However, you are advised to submit it within
eight weeks of receiving this booklet to accomplish its purpose as a teaching-tool.
We recommended that you retain a copy of your assignment response to avoid any unforeseen
situation.
Our best wishes for your studies.

Programme Coordinator
PGDIPR
TUTOR MARKED ASSIGNMENT
MIP-001: General Overview of Intellectual Property
Course Code: MIP-001
Assignment Code: MIP-001/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Discuss the role and initiatives of the WIPO in enforcement of IPR and
resolution of disputes?
(10 Marks)
2. Which are the three main agreements under the WTO? Which agreement concerns the
intellectual property rights? How many kinds of IP does it recognize? Which board issues it
address?
(10 Marks)
3. Discuss the role of IP in the knowledge economy? (10 Marks)
4. What are the courses open to the owner of IP for infringement of IPRs? Discuss the civil and
criminal procedure?
(10 Marks)
5. Discuss the various stages involved in the proceedings of an application for acquisition of a
patent for an invention. Discuss the scope if any for bringing down the cost for acquiring a
patent.
(10 Marks)
6. To what strategic uses can the information contained in patent applications be put? Do you
think your organization is deriving advantage from such information? (10 Marks)
7. Discuss the major challenges copyright industries, particularly music, audio-visual and
publishing, are facing from advances in technology/? How are these challenges being met?
(10 Marks)
8. Discuss the following:
(a) Non- Commercial role of trademarks.
(b) Emerging issues related to use of trademark
(10 Marks)
9. Discuss the rationale behind the concept of Intellectual Property. What are the underlying
premises of the global IP regime?
(10 Marks)
10. Discuss the major changes effected in the Indian Patent Law (1970) after its amendment by
Patent (Amendment Act) 1999, and patent (Amendment) Act, 2002. (10 Marks)

TUTOR MARKED ASSIGNMENT
MIP-002: Industrial Property: Patents, Designs, Plant Varieties
Course Code: MIP-002
Assignment Code: MIP-002/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. What are the practical aspects of drafting patent application? (10 Marks)
2. Discuss the issues involved with compulsory licensing with reference to technological
advancement of a country.
(10 Marks)
3. What are the provisions regarding compulsory licensing in case of dependent patent under
TRIPS agreement?
(10 Marks)
4. What are advantages of PLT? How PLT helps in avoiding loss of rights
of applicants?
(10 Marks)
5. What are the benefits of protecting an industrial design? (10 Marks)
6. What are the prominent differences between the Washington Treaty and its
adoption in TRIPS?
(10 Marks)
7. Discuss the comparison of the 1978 Act with 1991 Act. (10 Marks)
8. What are the important features of Budapest Treaty? What are the main advantages of the
Budapest Treaty?
(10 Marks)
9. What are the different types of IPRs in biotechnology? What are the basic instruments to
protect biotechnology IP Assets?
(10 Marks)
10. Compare US patent system with European patent system? (10 Marks)

TUTOR MARKED ASSIGNMENT
MIP-003: Industrial Property Trademarks, Geographical Indications, Trade
Secrets and Unfair Competition
Course Code: MIP-003
Assignment Code: MIP-003/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 3 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. What is a trademark? What kinds of signs can be registered as trademarks? (10 Marks)
2. How will you go about applying for a trademark registration? Discuss issues related to
examination of the application for registration of a trademark.
(10 Marks)
3. Discuss the importance of trademark licensing. What are the restrictions on the licenses with
regards to use of the trademarks?
(10 Marks)
4. Discuss the forms of legal protection available with regard to character
merchandising.
(10 Marks)
5. Explain the meaning and importance of franchising. Discuss the factors that typically
characterise a franchise relationship.
(10 Marks)
6. Discuss the protection of geographical indications at International level? (10 Marks)
7. What is a trade Secret? How to guard a Trade Secret? (10 Marks)
8. Write a note on the Legal basis for Protection of Unfair competition. (10 Marks)
9. Briefly explain the following terms giving suitable examples. (10 Marks)
a) Free Riding
b) Comparative Advertising
10. Write short note on: (10 Marks)
a) Industrial Designs
b) Character Merchandising

c) Trademark Piracy
d) Counterfeiting
TUTOR MARKED ASSIGNMENT
MIP-004: Copyright and related Rights (International)
Course Code: MIP-004
Assignment Code: MIP-004/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Write a note on : (10 Marks)
a) Moral Rights
b) Non-Voluntary Rights
c) Broadcasting Rights
2. What are the special provision regarding developing countries in the Berne
Convention?
3. What are the Principal Provisions of UCC? How it different from
Berne Convention?
(10 Marks)
(10 Marks)
4. What are the substantive standards of protection under TRIPS Agreement? (10 Marks)
5. Enumerate the rights which a CM organizations are supposed to
take care of.
(10 Marks)
6. What are the limitations of exceptions one encounters for copyright protection in a digital
environment? ` (10 Marks)
7. Briefly discuss the basic features of WPPT. (10 Marks)
8. Discuss the provisions in the WIPO performances and phonograms treaty which make it a clear
advance over the Rome Convention as well as the TRIPS Agreement. (10 Marks)
9. Explain the meaning and scope of copyright in the new digital era? (10 Marks)
10. Write a note on: (10 Marks)
a) The Rome Convention
b) The Phonograms Convention

c) The Satellites Convention
Assignment Booklet -2
POST GRADUATE DIPLOMA IN
INTELLECTUAL PROPERTY RIGHTS
(PGDIPR)
2
2011-12
Tutor Marked Assignments (TMA)
for
MIP-005 to MIP 008
SCHOOL OF LAW
INDIRA GANDHI NATIONAL OPEN UNIVERSITY
MAIDAN GARHI, NEW DELHI – 110 068

Dear Student,
This booklet contains the assignments for MIP-005 to MIP-008. Each course has one assignment,
which you need to complete and send to your study centre before September 30, 2011 for students
enrolled in the January, 2011 and March 31 st , 2012 for students enrolled in July, 2011. Please
note that, you will not be allowed to appear for the Term End Examination for the course, the
assignments of which are not submitted before the due date.
The assignments constitute the continuous component of the evaluation process and have 30%
weightage in the final grading. You need to score 40% marks in assignment for each course in order to
clear the continuous evaluation component.
Instructions for Formatting Your Assignments
1) You should specify clearly on the first page of all your assignment responses the course code,
course title, assignment code, your enrollment number, name and address in the given format:
Course Code:…………………….
Course Title: ……………………
Assignment Code………………..
Regional Centre Code:…………..
Study Centre Code:………………
Enrolment no:…………………..
Name:……………………………
Address:…………………………
…………….…………………………………
…………………………………………………
…………………………………………………
…………………………………………………
…………….
Date:……………………..
PLEASE FOLLOW THE ABOVE FORMAT STRICTLY TO FACILITATE EVALUATION AND
TO AVOID DELAY.
1) The Assignment Response should be hand-written and use only A-4 or foolscap size writing
paper (but not of very thin variety) for writing your answers.
2) Leave at least 4 cm margin on the left, top and bottom of your answer sheet for the evaluator’s
comments.
3) Your answers should be brief, precise and in you own words. Please do not copy the answers
from the study material.
4) A serious action will be taken if any attempt to copy the Assignment Response from other
student is done.
5) While solving the questions, clearly indicate the question number along with the part being
solved. Recheck your work before submitting it.
6) This assignment will remain valid for one year. However, you are advised to submit it within
eight weeks of receiving this booklet to accomplish its purpose as a teaching-tool.
We recommended that you retain a copy of your assignment response to avoid any unforeseen
situation.

Our best wishes for your studies.
Programme Coordinator
PGDIPR
TUTOR MARKED ASSIGNMENT
MIP- 005: Protection of Industrial Property at the National Level
Course Code: MIP-005
Assignment Code: MIP-005/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Discuss the Salient features of Indian Patent Act, 1970? (10 Marks)
2. What is not Patentable? (10 Marks)
3. What are the powers and duties of Controller? Discuss the infringement of
Copyright in Design?
(10 Marks)
4. What are the rights conferred in the Proprietor of trademarks by its registration? Discuss the
exceptions to these rights.
(10 Marks)
5. What constitute infringement of Trademarks? What are the offences and penalties
under trademarks?
(10 Marks)
6. What is a geographical Indication? Discuss the procedure of registration of Geographical
Indication in India.
(10 Marks)
7. Discuss the commercial exploitation of biodiversity? What are the difficulties encountered in
patenting traditional knowledge related to plants?
(10 Marks)
8. What is bio piracy? Give some examples of biopiraces from India? How different form
bio prospecting?
(10 Marks)
9. Discuss the criteria for protection by registration of a plant variety? What plant varieties cannot
be registered in India?
(10 Marks)

10. What is the main difference between the TRIPS Agreement and the Paris Convention with
regard to the enforcement of IPRs?
(10 Marks)
TUTOR MARKED ASSIGNMENT
MIR-006: Protection of Copyright and Related Rights at the National Level
Course Code: MIP-006
Assignment Code: MIP-006/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Discuss the history and evolution of copyright. (10 Marks)
2. What is copyright piracy? What measures can be taken to fight copyright piracy? (10 Marks)
3. Write short notes on: (10 Marks)
a) PCT
b) WPPT
c) Paris convention
4. Explain the constitutional mandates which data protection laws must respect? (10 Marks)
5. What are the tests to determine copyright? Cite the case laws which lay down
these tests?
(10 Marks)
6. Distinguish CMOs in Traditional Modal from their Modern Version. (10 Marks)
7. Why do we need collective administration of Copyright? (10 Marks)
8. What are the duties of the Registrar? Is registration of copy right compulsory?
Answer with arguments.
(10 Marks)
9. Describe the procedure for registration of Copyright? (10 Marks)
10. Do you think that the current laws on Copyright are sufficient to protect the rights of copyright
holders? What are the loopholes in the present laws and suggest measures to remove the

existing loopholes? (10 Marks)
TUTOR MARKED ASSIGNMENT
MIP-007: Enforcement of Intellectual Property Rights
Course Code: MIP-007
Assignment Code: MIP-007/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 3 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Describe the provisions related to patents under TRIPs agreement. How these Provisions are
useful for protecting patents right.
(10 Marks)
2. Write notes on: (10 Marks)
a) Protection of undisclosed Information
b) Enforcement of Intellectual Property rights.
3. Describe the special requirements related to border measures under
TRIPs Agreement.
(10 Marks)
4. Explain the role of Interpol in combating IPR crime. (10 Marks)
5. How can you combat the counterfeiting? Illustrate with examples. (10 Marks)
6. Discuss the role of Appellate Board. (10 Marks)
7. Why do you mean by alternative dispute resolutions? Discuss the role of WIPO in
dispute settlement?
(10 Marks)
8. What is mediation? How is the process of Mediation conducted and terminated. (10 Marks)
9. What do you meant by arbitration agreement? Discuss the Procedure of recourse against
arbitral award?
(10 Marks)
10. Write notes on: (10 Marks)
a) The pith and marrow Doctrine.

) The interlocutory injunction.
TUTOR MARKED ASSIGNMENT
MIP-008: Contemporary Intellectual Property Issues
Course Code: MIP-008
Assignment Code: MIP-008/TMA/2011-12
Maximum Marks: 100
Note:
• This assignment is based on Block 1 to 4 of the course.
• Al questions are compulsory. Marks for the questions are shown within brackets on the right
hand side.
• Please answers in your own words; do not copy from the course material. Keep in mind the
limitation on maximum words, as indicated in the brackets against a question.
1. Discuss the emerging copyright issues. (10 Marks)
2. What are the different challenges faced in the management of Internet addresses and domain
name system?
(10 Marks)
3. Briefly describe the importance of Trademarks. Online and use of marks
on the internet.
(10 Marks)
4. Explain the exclusions from patentability. (10 Marks)
5. Discuss the national efforts in genetic resource protection. (10 Marks)
6. Explain the sui-generic protection of data bases. (10 Marks)
7. What are the reasons for protecting traditional knowledge? (10 Marks)
8. Discuss the IP issues and challenges faced by the developing countries. (10 Marks)
9. What the factors considered in valuation of technology. (10 Marks)
10. Discuss the paradigm shift from capital based economy to knowledge based economy
in recent era.
(10 Marks)