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Case Studies Paper VIII (404) Sem.IV M.Com.Part II Patter 2008 Wef from June 2009
Case Studies : There will be a paper of case studies for external students. The paper will be set for 80 marks to be converted to 100 marks. In the question paper 04 cases are given. It will be covered, each carrying 20 marks.
Note : The paper of case studies will be offered only by external students only..
CASE No.1 :
‘X’ Limited of India, is the leading company, in manufacturing and distributing computers through out the country. The company obtained the ‘Internet Vendor’s website’ in United States of America. The server is located in United States of America. The website is mainly used for identifying the customers and selling computers through the globe. A buyer from any part of the world can go through the details of computers on the website, and decide which type of computers should be bought. After having decided, the buyer can place an order for computer by visiting the website and by providing the information requested to enter the transaction. At the same time the buyer’s authorization and credit card number is routed on the digital highway to the bank. After closing the deal the digital information will generate physical distribution order to transport the computer to the address of the buyer. The buyer acknowledges the physical delivery of the computers.
Your are required to discuss the issue as to a) the fixed place of business. b) does the server constitute a place of business? c) what would happen if the vendor’s server is in the state of the buyer?
CASE 2
In an E-trade agreement, signature is based exclusively on asymmetric methods or techniques. It has been described as a special door, which can be opened with a four key lock. The two keys are on every side of the door, and each of these two keys belong to a single party. Both the parties stand respectively on each side of the door and both of them have different keys. One of them is coincidental with the key possessed by the other party, since they have agreed on the shape and notches in the key (public key).However, the other party is not, and none of the parties knows exactly ,what kind of notches the other key will have. The only thing is sure that the door can only be opened when the four keys are in it. Once both the parties have locked the keys into the door it is possible to open it and for the parties to be sure that they can negotiate through that open door safely without being afraid that an outsider might interfere in their business. Discuss with reference to authentication of electronic records using digital signatures.
CASE NO.4.
Mr.X an industrialist, manufacturer of pens, chalks, dusters and other education materials. There has been a persistent complaint from the customers that the chalks manufactured by him, have a lot of dust and it is troublesome to clean the board after writing. The Research and Development division of Mr.X cmae up with an innovative chalks. The chalks are absolutely dust free and the writing of the chalks gets vanished automatically after certain time. Mr. X applied for registration of the patent for this product and has got the patent. Subsequent to the patent granted, he continued with the production for five years after which he stopped the production. The reason was the lack of demand because of the heavy cost of the product. Mr. Y a College lecturer independently made research on the similar type of chalks and came out with the same quality chalks with mach less cost. He applied for patents which was objected by Mr.X on the ground that-
- Patent for the same product is registered in his name.
- The product developed by Mr.Y is not an innovative but it is the imitation of his patented product. Mr.Y claimed that-
- The product patented by Mr.X is not in use as he has stopped the production.
- The product invented by Mr.Y is different than that of Mr.X’s product in many respects such as shape, quality, cost, etc.
- Mr.Y who is a lecturer in a Government college, has carried out the research on this product as a part of his academic work.
- He wants to produce the chalks exclusively for the Government colleges.
Discuss the rights of Mr.X and Mr. Y as per the provisions of Patents Act 1970.
CASE NO.5.
Hindustan Level Limited (Plaintiff) is the leading manufacturer of various kinds of soaps, detergents, chemicals, etc. The different products of the company are sold under the brand names and the company enjoys considerable good will and reputation in the market. Godrej Soaps Limited (Respondent) also a manufacturer of the various brands of soaps and detergent and is one of the competitors of the plaintiff company. The plaintiff company holds and owns more than 171 active patents granted by the Government of India under the Patents Act. The company claims that the respondent has access to the specification of Patent number 170171 and they have wrongfully and illegally copied and materially utilized the patented information resulting infringement of the said patent of the petitioner. It is further claimed by the petitioner that – The toilet soap of the Respondent has been sold under the trade mark VIGIL has a wrapper bearing the words “ALL NEW” “LONGER LASTING SOAP”. This misleads and make the trade and public believe that the toilet soap is an improved product. Such wrongful and illegal acts of the Respondent cause to the Petitioner company an irreparable loss, damage and injury. The Respondent company claims that-
- It is a multinational company and a pioneer in the field of manufacturing of toilet soaps in India for the last 60 years.
- The respondent company has been utilizing various admixtures of various soaps They did not apply for patent for such admixture, as the substance obtained is not an invention.
- The patent in question is a new one, the validity of which is under serious dispute of challenge.
- If the plaintiff is granted an injunction at this stage then, it would enable the plaintiff to appropriate a large chunk of the soap industry to itself and would adversely affect the healthy competition. Discuss the case with reference to the Patents Act.
CASE NO.
Chair India Limited is a leading and renowned manufacturer of chairs. The company has a registered trade-mark in Part A of the Register. The company has cross the turnover of Rupees. 5.00 crores. However, during the last five years it has been observed that the sale has started declining sharply. Hence, the company recently initiated a market research to find the causes for the decline in the sales. It was found that two companies – one is at Pune itself and another at Hyderabad, are selling their products under the same trade mark. This type of sale of these two companies has directly affected sale in these two regions. The management is thinking to take a legal action. Advise the management of Chair India Limited as to their rights and remedies along with the provisions in respect on offences and penalties under the Trade and Merchandise Marks Act.1958.
CASE NO.
World Trade Organisation many a time is called by many people as a Wrong Trade Organisation. The same feeling was demonstrated by many organizations particularly labour organisations. It is said that it is a Wrong Trade Organisation because it involved in itself with trade which spoilt the environment and promoted unacceptable working conditions for laboureres in the poor countries. It is felt that, World Trade Organisation causes greater damage to the global environment. The main claim of the demonstration at Seattle was that World Traed Organisation is not douing anything to ensure that the products produced in adverse working conditions in different countries do not enter into the stream of globally traded items. The question is whether it is that the World Trade Organisation should get involved itself with the labour and environment aspects of production and trade? There are some who argue that the effort to involve World Trade Organisation with labour and environmental aspect of trade and production is actually a part of larger effort by some developed countries. The obvious reason is that the poor countries have lower production cost because of cheap labour and not very high quality working conditions. This enables the poor countries to lead the global market over the rich countries. If both these claims are said to be correct then, World Trade Organisation is deemed to be influenced and controlled by the wrong people. Discuss in detail-
- The basic limitations of World Trade Organisation ;
- to what extent the World Trade Organisation should and can interfere with the working conditions?
- is it fair to call World Trade Organisation as a Wrong Trade Organisation? ****************
Trade Marks
CASE-
NOTE- A mark which is 100% distinctive has a right to registration.
Shri S.P.Morgan started using the mark CONTAINER as a trade mark for freight containers. He spent huge amounts on advertisement. His freight containers become very popular in the market after ten years he applied for registration on the ground of acquired hundred percent distinctiveness in respect of his goods. The registrar refused registration of the trade mark objecting that the trade market was a descriptive word directly indicating the nature and character of the goods of the trader Questions a) Discuss the trade mark and provisions necessary for registration of trade marks. b) Can the trader oppose the registrar’s objections in this case?
Case – Two parties applied for registration of Trade mark. Shri Ghanashyam and Shri Dhanashyam applied for registration of trade mark. They were both rivals. The trade used by these rivals were “Mathura Ghee and Mathurang Ghee” respectively. Shri Dhanashyam started using ‘Mathurang’ after lapse of five years from the use of trade mark ‘Mathura Ghee’ by Shri Ghanashyam. Shri Ghanshyam has polarized the trade mark ‘Mathura Ghee’ by investing huge amounts on advertisement. The two trade names were phonetically similar. There was not much difference in pictorial and monogram that is the trade mark of the rivals. The only difference was the word ‘G’ registration was granted to neither. Questions a) Discuss in the light of Trade mark provisions in this case b) Suggest the plaintiff regarding use of trade mark
Copyright
Case – Shri Anand wrote a play entitled ‘Hum Hindustani’ in 1983. The play was enacted in the next few years in Delhi and Mumbai. It got good reviews in newspapers the play was based on the theme of provincialism & its baneful and divisive effects on the society. A film maker, Mr. Mohan Sehgal become interested in making a film based on the play. He heard the play from Shri Anand in his office. Shri Mohan did not receive further communication from Mr.Sehgal. There after, Mr Sehgal announced the production of a film ‘New Delhi’. The picture was released in September
- From comments in the press Shri Anand felt that the film was very much like his play, ‘Hum Hindustani’. Thereafter, Shri Anand himself saw the picture & felt that the film was entirely based on his play. He felt that Shri Sehgal had dishonesty imitated the play in the film & violated his copyright. He therefore moved the court. Mr. Sehgal (Relux films) claimed that they had communicated to Shri Anand that the play might have been all right for the amateur stage but it was too inadequate for the purposes of making a full length commercial motion picture. The key arguments of Relux Films was that they could be no copyright on the subject or idea of provincialism. Any one can adopt to in his own way. They claimed that the motion picture was quite different from the play ‘Hum Hindustani’ in its content, spirit & climax. Some similarities could be explained by the fact that both were based on the idea of provincialism. Questions A) Discuss on the above case in the right of provisions of the copy right law. B) Shri Anand wants to take action in court of law Advice Shri Anand. OR C) If you are judge, how will you treat these case.
RTI
CASE-
Mrs. Madhu Bhaduri filed a RTI with the Delhi Jal Board (DJB). Her mother lives in Hauz Khas, block K & has been complaining about a blocked sewer for a month. Mrs. Bhaduri spoke to the Junior Engineer (JE) to get the matter looked into as the block had started to stink & mosquitoes had become a big problem.The Engineer simply said he’d look into the matter & that the DJB was using very heavy machinery to rectify the problem, & then he did nothing. Finally, when nothing else seemed to be working, Mrs. Bhaduri filed a RTI application in which she wrote: For an entire month the sewerage system of blocked P& K has been blocked. On December 7, I spoke to the JE & was assured that the situation will improve and that the DJB has been using heavy machinery to rectify the problem.
So far no action has been taken. Our complaints have only been answered through false reassurances that the problem will be taken care of. As a result of the slack behavior, the residents are compelled to live in unhygienic conditions: our entire block smells and has become a breeding ground for mosquitoes.
Please provide the following information: a) What has been the daily progress made on our complaint made to the junior Engineer on December 7, 2009? b) Provide names &designations of officers in charge of handling my complaint. c) Provide copy of inspection report prepared on the complaint. d) What departmental action will be taken against defaulting officers? e) What is the stipulated time of responding to public grievances? f) What is/are the reason (s) for the sewer being blocked in our area? What are the steps taken to solve this problem? g) Provide names of officers who are responsible for the stink in our block as a result of the blocked sewer.
Questions A. Discuss the provisions of RTI in relation to above case. B. Will the officers be responsible for health risks that the residents are being exposed to as a result of not acting on our complaint?
C. Will the DJB reimburse the medical bills for health problems caused to the residents for the month of December 2009? How? Please provide details of procedure.
- A study of impact of trade marks on traders and consumers.
- A study of general awareness of cyber cafe owners/occupiers about cyber law and cyber crime.
- A critical analysis of the concept of 'Novelty' as an essential criteria of patentability: A study of UK, US and Indian position.
- A study of concept of originality under copyright Law and judicial responses.
- A study of working of Pune Police cyber cell.
- A study of regulatory mechanism of foreign direct investment.
- A study of benefits and limitations of internet banking.
- A study of benefits and limitations of internet advertising.
- A study of efforts of the government agencies in protection of bio- diversity.
- A study of importance of protection of Intellectual property rights for Indian industries.
- A study of RTI cases and its implementation.
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