(2 Hours)

N. B.: (1)
(2)
(3)
(4)
(5)

I.
a.
b.
c.
d.

[Max Marks: 60

All questions are compulsory.

Make suitable assumptions wherever necessary and state the assumptions made.
Answers to the same question must be written together.
Numbers to the right indicate marks.
Draw neat labeled diagrams wherever necessary.

Answer any two of the following:

What is unfair competition? How to protect from it?
Explain the concept of Intellectual Property Rights.
List out the basic principles of design rights.
Explain the method of drafting patent specification.

II.

Answer any two of the following:

a. Explain the concept of Semi-Conductors. State and explain Semiconductor IC layout
design act?
b. List out seven US safe harbor principles.
c. Explain computer software as Intellectual Property and its protection.
d. Illustrate defenses with respect to computer software as intellectual property.

10

10

III.
a.
b.
c.
d.

Answer any two of the following:

How the rights of a patentee are enforced? What are the duties of a patentee?
What are different kinds of assignments? Explain briefly.
Explain Protecting good will through copy rights.
What are essential factors for infringement of Trademark?

10

IV.
a.
b.
c.
d.

Answer any two of the following:

What are general obligations for enforcement of Intellectual property rights? Explain.
Write a short note on Technology licensing.
List out criminal remedies in enforcing intellectual property rights.
Write a short note on border security measures.

10

Answer any two of the following:

What are the different roles of Certifying Authorities? Explain.
What is cybercrime? Brief different cybercrimes.
Explain the term Privacy. What are the privacy issues for data and software?
Explain the scope of cyber laws.

10

V.
a.
b.
c.
d.
VI.
a.
b.
c.

Answer any two of the following:

What are the duties of the subscriber of Digital Signature certificate?
What is Cyber Appellate Tribunal? What are its powers?
What does chapter 5 of IT Act, 2000, Secure Electronic records and secure digital
signatures specify?
d. What does chapter 4 of IT Act, 2000, Attribution, Acknowledgement and Dispatch of
Electronic records cover?
_________________________

10

IPR & Cyber Laws

TY.BSc.IT
Solution Set
Q1. Attempt Any 2:
Ans.a. Concept of Unfair Competition (2 Marks)
Market economy encourage competition
Meaning of globalization.
Definition and meaning of Unfair Competition.
Protection of Unfair competition (3 Marks)
Acts causing confusion
Acts that mislead
Acts damaging goodwill or reputation

(10 Marks)

Ans.b. Concept of Intellectual Property Rights

History of IPR- How it evolved/ how it came into existence (2 Marks)
Concept, Definition and Meaning of IPR (2 Marks)
List Types / Tools of IPR (1 Mark)
Ans.c. Basic principles of Design Rights
Concept, Definition and Meaning of Design Act (1 Mark)
List out principles of design rights (1 Mark)
Explain in detail each
(3 Marks)
New or Original
Not previously published
The design must appear visible
Design in substance
Ans.d. Method of Drafting Patent Specification
Concept, Definition and Meaning of Patent Act (1 Mark)
The patent specification is designed to convey the information
Concerning the scope of the patent.
Concerning the best method or one method of putting the invention into effect.
Structure of the Specification. (1 Mark)
The Detailed Description. (2 Marks)
Claims (1 Mark)
Q2. Attempt Any 2:
Ans.a. Concept of Semi Conductors (1 Mark)
Concept, Definition Meaning and Purpose of Semi Conductors
Semiconductor IC Layout Design Act: (4 Marks)
Semiconductor Integrated Circuits layout under Design Act, 2000.
Not registered as IC layout design?
The term of an IC layout design protection
The constitutes of infringement under this Act
Fees to be paid in case of infringement

(10 Marks)

Ans.b. Concept of US Safe Harbor Principles

Background of US Harbor principles (1 Mark)
List the principles (1 Mark)
Explain each principle in detail (3 Marks)
Notice
Choice
Onward Transfer
Security
Data Integrity
Access
Enforcement
Ans.c. Computer Software as Intellectual Property
Concept of Computer Software and Intellectual Property (1 Mark)
Patent protection- explain in detail (1 Mark)
Copyright protection- explain in detail (1 Mark)
Database (1 Mark)
Reproducing (1 Mark)
Ans .d. Defenses Computer Software as Intellectual Property
(2 Marks)
In India, the Intellectual Property Rights (IPR) of computer software is covered under the
Copyright Law.
Accordingly, the copyright of computer software is protected under the provisions of Indian
Copyright Act 1957.
Major changes to Indian Copyright Law were introduced in 1994 and came into effect from 10
May 1995. These changes or amendments made the Indian
Copyright Law (3 Marks)
According to section 14 of this Act, it is illegal to make or distribute copies of copyrighted
software without proper or specific authorization.
The violator can be tried under both civil and criminal law.
A civil and criminal action may be instituted for injunction, actual damages (including violator's
profits) or statutory damages per infringement etc.
Section 63 B stipulates a minimum jail term of 7 days, which can be extended up to 3 years.

Q3. Attempt Any 2:

Ans.a. Rights of a Patentee Enforced (2Marks)
To exploit the Patent
To License the Patent to another
To assign Patent to another
To surrender the patent
Right to sue for infringement of Patent
A suit for infringement
An action for recovery of Loyalties
An action for specific contract between patentee and licensee
Exceptions and Limitations to the Rights of Patentee (1 Mark)

(10 Marks)

 Government use of patents

Non-working of patents
Use of invention for defense purpose
Compulsory licenses of rights
Duties of Patentee (2 Marks)
Exclusive rights
Not Unfair in Public Interest
Patentee product available in the market
Fails to discharge duties, he can be punished
Action can be taken in case of infringement
Ans.b. Different Kinds of Assignments
Meaning of Assignment (1 Mark)
List and explain in detail- Types of Assignments (3 Marks)
Legal Assignment
Statutory Assignment
Mortgage Assignment
Conditions for a Valid Assignment (1 Mark)
Ans.c. Protecting Goodwill through Copyrights (4 Marks)
Concept, Definition and Meaning of Copyrights (1 Mark)
In accordance to international standards
Establishing goodwill with various customers
To provide business people with a basic understanding of the vast variety of protection which is
available, through registration, of your businesses Goodwill;
To list the steps that can be taken to insure that you unregistered goodwill assets are also
protected.
Use of other mark indicates connection
Interests likely to be damaged
Ans .d. Essential factors for Infringement of Trademarks (3 Marks)
Concept, Definition and Meaning of Trademark (1 Mark)
Limitation period
Who can be sued
Remedies against Infringement of Trademark (1 Mark)
Q4. Attempt Any 2:

(10 Marks)

Ans.a. General Obligations for enforcement of Intellectual Property Rights

Objectives of IPR (1 Mark)
Principles of IPR (1 Mark)
Limitations and Exceptions of IPR (1 Mark)
Enforcement of IPR (2 Marks)
Enforcement procedures available under national law
IPR should provide remedies against various infringements
Procedures concerning enforcement should be fair and equitable
Decisions taken should be in writing on the basis of evidence

Ans.b. Short Notes-Technology Licensing (3 Marks)

Meaning of the term- Technology Licensing (2 Marks)
Technology licensing only occurs when one of the parties owns valuable intangible assets,
known as Intellectual Property (IP).
The ownership has the legal right to prevent the other party from using it.
A license is consent by the owner to the use of IP in exchange for money or something else of
value. Technology licensing does not occur when there is no IP.
Ans.c. Criminal Remedies enforcing Intellectual Property Rights
Introduction to Remedies (1 Mark)
Types of Remedies- Civil and Criminal (1 Mark)
Criminal Remedies (3 Marks)
Judicial authorities have right to order the infringer to pay the right holder
Right holder has all the rights to get compensation
In case of infringement, if the right holder has suffered huge losses then the infringer not only
pays but also is imprisoned
For effective decisions the judicial authorities can check the infringed goods
In case of third parties, decisions are based on the interest of these parties

Ans .d. Short Notes- Border Security Measures

Concept of Border Security Measures ( 1 Mark)
Special Requirements for Border Security Measures
Suspensions by Custom Authority
Application
Security Assurance
Notice and Duration of Suspension
Right of Inspection and Information

Q5. Attempt Any 2:

Ans.a. Roles of Certifying Authorities
(3 Marks)
Supervision over activities
Certifying public keys
Specifying qualification and experience
Specifying the form and content
Specifying the terms and the conditions
Renewal of License (1 Mark)
Suspension of License (1 Mark)
Ans.b. Cyber Crime
Introduction of IT Act 2000 in detail

(4 Marks)

(10 Marks)

(1 Mark)

Compensation up to rupees five crores can be given to affected persons if damage is done to
the computer, computer system or computer network by the introduction of virus, denial of
services, this Act specifically deals with certain offences, which can be called Cyber Crimes.
Types of Cyber Crimes (4 Marks)
Tampering
Hacking with computer system
Capturing Transmitting or publishing the image of a private area of any person without
consent
Punishment for Cyber terrorism
Publishing transmitting information which is obscene in electronic form.
Publication and transmission of containing sexually explicit act
Penalty for Misrepresentation
Ans.c. Privacy Issues for Data & Software
Term Privacy- Definition, Meaning and Concept (1 Mark)
Privacy issues for Data (2 Marks)
Easy use
Availability of proper guidelines
Regular Updates
Privacy issues for Software (2 Marks)
General records of citizens
License of software
Updating the software
Ans.d. Scope of Cyber Laws
Meaning, Definition and Concept (1 Mark)
Cyber Crime (1 Mark)
Cyber Security (2 Marks)
Issues in Cyber Security (1 Mark)

Q6. Attempt Any 2:

Ans.a. Duties of Subscriber of Digital Signature Certificate
All definitions under Section 1 of Digital Signatures (1 Mark)
Duties of Subscribers (3 Marks)
Generating Key Pair
Acceptance of Digital Signature Certificate
Control of Private Key
Penalties, Compensation and Adjudication (1 Mark)
To be explained in brief

(10 Marks)

Ans.b. Cyber Appellate Tribunal

Meaning and Concept of Cyber Appellate Tribunal
Establishment, Composition and Qualification of Cyber Appellate Tribunal (1 Mark)
Term of Office and Staff of Cyber Appellate Tribunal (1 Mark)
Powers of Cyber Appellate Tribunal (3 Marks)
6

Salary allowance
Superintendence powers and directions
Distribution of business among branches
Powers of Chairperson
Decision by Majority
Filling up vacancies

Ans.c. Secure Electronic Records & Secure Digital Signatures- Ch 5

Definition, Concept and Meaning of Digital Signatures (1 Mark)
Sec 14- Secure Electronic Records (1 Mark)
Sec 15- Secure Electronic Signature (2 Marks)
Sec 16- Security Procedures and Practices (1 Mark)
Ans.d. Attribution, Acknowledgement & Dispatch of Electronic Records- Ch 4
Sec 11- Attribution of Electronic Records (1 Mark)
Sent by originator
A person who has authority
An information system programmed behalf of originator
Sec 12- Acknowledgement of Receipt (2 Marks)
Any communication by the addressee
To indicate that the originator has received the electronic record
The originator shall be binding only a receipt of an acknowledgement of electronic record
The acknowledgement has not been received by the originator within the time specified
Treat the electronic record as if it has not been sent
Sec 13- Time and Place of Dispatch and Receipt of Electronic Record (2 Marks)
Agreed between the originator and the addressee
Computer resource used for the purpose of receiving the electronic records
Receipt occurs at the time when the electronic record is retrieved by the addressee
The principal place of business shall be the place of business
Usual Place of Residence in relation to a body corporate means the place where it is registered.