Questions with Hints to Answer the Assignment
1. India’s vision of self-reliance is not only on its technological prowess but the conscious exploitation its flora and fauna. Explain and highlight the important provisions and features of the law that conserves biological diversity in India along with regulating the access to Indian Biological Resources (10 Marks)
Answer: This question is related to chapter 10 (name: Environment Related Law) from the Book Business Law of NMIMS.
– To answer this question effectively, first of all you should write the introduction of the Biological Diversity Act – 2002.
– Later, you may start by mentioning provisions and features of biological diversity act – 2002. Also, you can write more information about flora and fauna.
2. Please give two (2) instances where investigations and/or punishments are initiated/enforced by the authorities set up under the Competition Act, 2002. (10 Marks)
Answer: This question is related to chapter 8 (name: Competition Act 2000) from the Book Business Law of NMIMS.
– First write the introduction of Competition Act 2002.
– Mention objectives of the Competition Act 2002.
– Features of the Competition Act 2002.
– Few instances of Competition Act 2002, where investigations and/or punishments were initiated/enforced.
3. Samanyu wants to start a business along with his elder sister Samaira. Both have decided to start food truck chains across India and have decided to name it as “SamSam”. They are going to introduce a range of food products under the name of SamSam. For ex: SamSam Fries, SamSam Pizza, SamSam Tacos etc. Each of these products would have a special recipe designed by both Samira and Samanyu. However, they are skeptical that the word SamSam and these recipes would be copied/plagiarized by other food truck owners. They have approached you with following queries for them to understand what
steps then can take to protect their rights:
Answer: This question is related to chapter 4 (name: Law that Commonly Affects Businesses) from the Book Business Law of NMIMS.
a. What types intellectual property rights they could claim in relation to the SamSam and the recipes. Please explain with reason on why the type of intellectual property would apply? (5 Marks)
Answer:
– Write an introduction to Intellectual Property Law.
– Describe what are IP Rights and explain with an example.
– Draw/flow chart of the Categories of Intellectual Properties Right shown in the chapter.
– Explain Elements of Patents Act – 1970.
– Explain in brief about Elements of Copyright Act – 1957.
– Explain in brief about Trademark Act – 1999.
b. Explain civil and criminal remedies under various intellectual property laws for enforcement of intellectual property rights? (5 Marks)
Answer:
– Explain in brief about Enforcement against violators of IPR with example.
– Reactive Enforcement (Infringement Action)
– Pro-Active Enforcement (IP Registration, Protection and Raids)
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