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"Business law" Case Study Assessment

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Added on: 2023-02-07 06:52:37
Order Code: EQB4 07_02_2023
Question Task Id: 0

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 No.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.3 :

Mr.C.H.CHOTE installed a website “chahooindia.com”. This is  resembling the another renowened website – “chahoo.com”. The services rendered  by Mr.C.H.CHOTE are similar to the services rendered by the “chahoo.com”.  (plantiff)  

M/s C.H.Bade and Company, which had installed “chahoo.com”,  claimed that they are global internet media, rendering services under the domain  name “chahoo.com” which was registered with the “Net work solution  Incorporation”, since 2000. An application for registration of trademark ‘chahoo’  was pending in India.  

M/s C.H.Bade and company, further, claimed that they are the first in  the field to have a domain name ‘chahoo’, and also to start web directory and  provide search services. In June 2000,such directory was named ‘chahoo’.   Mr.C.H.Chote adopted the domain name ‘chahooindia.com’ which is  closely resembling to the renowned name ‘chahoo.com’.It was found that the  internet users, who wanted to use ‘chahoo.com’ may reach to the ‘chahooindia  com.’ Hence, they claimed that the act of Mr.C.H.Chote is dishonest and was  tentamount to ‘cyber squatting’.  

Mr.C.H.Chote claims that-  

  1. Plaintiffs trademark was not registered in India, therefore, there   could not be any action for infringement of registered trade mark.  
  2. There could not be an action of passing off as the defendants were   not offering goods but services.  
  3. The persons using internet and seeking to reach the internet site   were all technically educated and literate persons. As such there is   no chance of deception and confusion.  

Discuss the claims of the parties and their legal rights with reference to   Cyber Laws and I.T. Act.   

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.6 :

Copyright is a beneficial interest in movable property in the actual or  constructive possession of the owner there of. The right to copy and distributc  commercially such material may be transferred or assigned to any other party with  certain returns called as royalty. The intention of the parties whether it was an  assignment of a grant of permission to use in the normal course, be gathered from  the writing itself and the words used therein.  

Gramophone Company of India Limited the plaintiff, entered into an  agreement with Shanti Films Corporation, a film producer. According to the  agreement the copyright in the soundtrack of a film produced by the Shanti Film  Corporation (Defendant) was assigned by it to the plaintiff. The plaintiff by the  agreement got the exclusive right to produce records, tapes etc. of the film and sold  the copies therof.  

However, it was found that Shanti Film Corporation has been selling  the copies of the soundtrack and of the films. Hence, the plaintiff filed a suit  against defendant for permanent injunction against the infringement of the copy  right and also filed an application for temporary injunction.  

The plaintiff claimed that the agreement prima –facie reveals that  there is an assignment of copyright of the soundtrack in its favour. There are no  restrictions to use the copyright. Therefore, the publication of soundtrack of the  film in question or reproduction of records without its authority, will prima facie be  infringement of copyright. However the defendant denied the claim stating that it is  there own production and hence, no one can stop them for reproduction.   Discuss the issue with reference to the relevant provisions of the  Copyright Act.1957.  

CASE NO.7 :

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.8 :

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-  

  1. The basic limitations of World Trade Organisation ;  
  2. to what extent the World Trade Organisation should and can interfere with the working conditions ?  
  3. is it fair to call World Trade Organisation as a Wrong Trade Organisation ?  

CASE NO. 9 :  

Tata Oil Mills Company Limited (TOMCO) and Hindustan Lever  Limited (H.L.L.) which is a subsidiary of Unilever (U.L.)-a multi-national  company – are the manufacturers of soaps, detergents etc. TOMCO was incurring  losses from 1990-91 and as such was graded as a sick company. The Board of  Directors of TOMCO decided to amalgamate their company with H.L.L. which  was a more prosperous company in the same field of activities.  

Case NO. 10 :

Shri Sameer Sonar, scientist involved in space research disusses a scientific  principle with his colleague. The colleague shri P.C.Sharma uses the principle  and invents working device based on the principle. A third colleague, Shri A.K  Bhat who was instrumental in suggesting the manner of putting in place the  arrangement of the mechanical devices claims himself to be the true and first  inventor and applies for the patent.  

Questions  

  1. Discuss the relevant provision s in relation to this case.  
  2. Is he entitled to apply for the patent?  

Incase not, who out of the three, can apply for the patent?  

Case NO. 11 : 

Dr.P.M Desai.a Doctor in All India Institute of Medical Sciences invents a  machines which can delivered a glucose to a patent through the skin by causing  the pores of the skin to absorb glucose and deliver it to the blood stream. The  claim of the doctor of such and invention is rebuked by medical community as  being highly improbable and useless in invention. However , when the invention  is put to demonstration it is found to be indeed effective and is claimed by the  doctors to be highly useful method of treatment of diabetes by regulating the  amount of glucose supply to the blood. Now that the invention has been hailed  by the medical community, as being a new useful and non-obvious method of  treatment.  

Questions  

  1. Discuss the label of provisions in relation to this case as per Patent law. 
  2. Can the doctor claim a Patent in the invention?  

Trade Marks 

CASE NO. 12:

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  

  1. Discuss the trade mark and provisions necessary for registration of trade  marks.  
  2. Can the trader oppose the registrar’s objections in this case?  

Case NO. 13 :

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  

  1. Discuss in the light of Trade mark provisions in this case  
  2. Suggest the plaintiff regarding use of trade mark 

Copyright  

Case NO. 14 : 

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  1986. 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  

  1. Discuss on the above case in the right of provisions of the copy right law. 
  2. Shri Anand wants to take action in court of law Advice Shri Anand. OR  
  3. If you are judge, how will you treat these case.  

CASE NO. 15 :

A public library gets a copy of a book authored by a foreign  author published abroad. Due to high price of the book the library gets 6  copies of the books made.  

Questions  

  1. Discuss in the light of above case the provisions of copy right law. 
  2. If the library guilty of infringement? If yes? How & why? If no, why not? 
  3. Can it avoid an action of infringement by reducing the number of copies?  If so how many copies are the library authorized to keep without infringing  the copyright of the author?  

RTI 

CASE NO. 16:

Shri S.D.Gore files an application & seeks following information about Shri  M.D.Kale from Public Information Officer.  

  1. What is the gross turnover of Shri M.D.Kale during the preceding 3 years? 
  2. How much sales tax has been paid by him?  
  3. What ingredients does he use in preparation of his products and in what  ratio?  

Questions 

  1. Discuss the sections of RTI & comment whether such information can be  provided or not?  
  2. Discuss which type of information can be given.  

RTI 

CASE NO. 17 :  

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  

  1. Discuss the provisions of RTI in relation to above case.  
  2. Will the officers be responsible for health risks that the  residents are being exposed to as a result of not acting on our complaint? 
  3. 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.  

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