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IPCOMP Assignment Questions
- A Ltd. is a cement manufacturing company in India. It approached CCI under Section 46 read with Rule 5 of the CCI (Lesser Penalty) Regulations stating that from 2011 – Feb 2015, A Ltd. had an agreement with B Ltd (another cement company) for the sale of cement. Under this agreement A Ltd. used to supply cement to B Ltd. as part of its institutional sales. A Ltd. had another agreement with C Ltd. and D Ltd. through which they coordinated the sales price of cement. Therefore, since A Ltd. has beforehand knowledge of the time of price increase, it used the same to negotiate and increase the price of cement sold by it to B Ltd. Further both A Ltd. and B Ltd. used to agree on the market price of cement sold by them so as to maintain parity in the market.
Based on the above, you are required to answer the following –
- Whether, the agreement between A Ltd. and B Ltd. can be termed as Anti – Competitive? If yes, why?
- Whether A Ltd. is eligible for the benefits under Lesser Penalty provisions? If yes, what are the benefits?
- Mention case laws to support your answer to the questions. (8)
- For the past many years, your client’s company has marketed food products, food appliances under the name “BHUJEV”, which has become a “household name” in your country. It recently came to your client’s knowledge that a company which is in the business of manufacturing musical appliances and instruments has began to market guitars and violins under the mark “BHUJREM”. Your client’s wants to stop them from using the mark and contacts you. But you know that since the marks and the goods are different, a simple finding of confusing similarity is unlikely. Advice your client and suggest a way through which you may overcome the differences in the marks and in the goods sold, and stop the sale of guitars and violins under the mark “BHUJREM”. (4)
- Discuss the advantages of the Madrid system from the viewpoint of an applicant and the viewpoint of a Trade Mark office? (4)
- Neha, an Indian citizen, is an inventorand has reached you for assisting her in filing the patent of her latest invention. She wishes to file patent in 5 countries and has heard that PCT filing would be convenient option. She seeks your advice in understanding what is PCT and its advantages for her. Advice her on what is PCT and its advantages. Also advice her as to whether it is feasible to adopt the PCT route or go for individual filing in all 5 countries. (4)
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