SET B -LLBL 401 IPL BALLB Sem8 July 2020.docx - Roll No...

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Roll No. R450216078 SAP ID 500055182 UNIVERSITY OF PETROLEUM AND ENERGY STUDIES End Semester Examination, July 2020 Open Book – Through Blackboard Learning Management System Course: Intellectual Property Law Semester: VIII Programme: B.A. LL.B. Energy Law Course Code: LLBL401 Time: 03 hrs. Max. Marks: 100 Instructions: As this examination is in open-book format, the students are expected to demonstrate a very high degree of Academic Integrity and not copy contents from resources referred. Instructors would look for understanding of the concept by the students and any similarity found from resources online/ offline shall be penalized in terms of deduction of marks and even cancellation of paper in requisite cases . The online examination committee of the School would also look for similarity 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 of the aforesaid points, the students are warned that they should desist from using any unfair means. All Questions are Compulsory Answer each question in not more than 500 words S. No. Marks CO 1 If goodwill or reputation in the particular jurisdiction (in India) is not established by the plaintiff, no other issue really would need any further examination to determine the extent of the plaintiff’s right in the action of passing off that it had brought against the defendants .” In light of this statement discuss trans-border reputation and law relating well known trademarks in India. Cite relevant case laws. 20 CO 4 Ans. In order to go with national trademark laws with its global obligations in the Paris Convention dealing with protection of well-known trademarks and the Indian Trademarks Act, 1999 gives statutory recognition to the principle of well-known trademarks. The 1999 Act lays down a clear-cut definition for a well-known mark under Section 2(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 a mark can be considered well known in India even if it has not been used in India, or has been neither registered nor applied for in India. Further, section 11(10) requires the Registrar of Trademarks to protect a well-known mark against identical or similar trademarks in the process of registration. These statutory principles have been recognised by Indian courts. They have constantly held that traders or service providers operating on a regional level cannot take benefit of a trademark that has acquired trans-border reputation merely because it has not been registered under a specific category in which the former is dealing with. Court cases:
One of landmark judgement is Daimler Benz vs. Hybo Hindustan , where the High Court of Delhi in 1994 injuncted the defendants from using the mark ‘Benz’ in relation to manufacturing and sale of underwear.

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