Roll No. R450216078SAP ID 500055182UNIVERSITY OF PETROLEUM AND ENERGY STUDIESEnd Semester Examination, July 2020Open Book – Through Blackboard Learning Management SystemCourse: Intellectual Property Law Semester: VIIIProgramme: B.A. LL.B. Energy Law Course Code: LLBL401Time: 03 hrs. Max. Marks: 100Instructions: As this examination is in open-book format, the students are expected to demonstrate a veryhigh degree of Academic Integrity and not copy contents from resources referred. Instructorswould look for understanding of the concept by the students and any similarity found fromresources online/ offline shall be penalized in terms of deduction of marks and even cancellationof paper in requisite cases. The online examination committee of the School would also look forsimilarity of two answer scripts and if answer scripts of two or more students are found similar,both the answer scripts shall be treated as copied and lead to cancellation of the paper. In view ofthe aforesaid points, the students are warned that they should desist from using any unfair means.All Questions are CompulsoryAnswer each question in not more than 500 wordsS. No.MarksCO1“If goodwill or reputation in the particular jurisdiction (in India) is not establishedby the plaintiff, no other issue really would need any further examination todetermine the extent of the plaintiff’s right in the action of passing off that it hadbrought against the defendants.” In light of this statement discuss trans-borderreputation and law relating well known trademarks in India. Cite relevant case laws. 20CO 4Ans.In order to go with national trademark laws with its global obligations in the ParisConvention dealing with protection of well-known trademarks and the IndianTrademarks Act, 1999 gives statutory recognition to the principle of well-knowntrademarks.The 1999 Act lays down a clear-cut definition for a well-known mark under Section2(zg)stating that "well-known trade mark", in relation to any goods or services,Section 11(9)safeguards trans-border reputation of trademarks by laying down that amark can be considered well known in India even if it has not been used in India, orhas been neither registered nor applied for in India. Further, section 11(10)requiresthe Registrar of Trademarks to protect a well-known mark against identical or similartrademarks in the process of registration.These statutory principles have been recognised by Indian courts. They haveconstantly held that traders or service providers operating on a regional level cannottake benefit of a trademark that has acquired trans-border reputation merely becauseit has not been registered under a specific category in which the former is dealingwith.Court cases:
One of landmark judgement is Daimler Benz vs. Hybo Hindustan, where the HighCourt of Delhi in 1994 injuncted the defendants from using the mark ‘Benz’ inrelation to manufacturing and sale of underwear.