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Business Law
April 2025 Examination
Q1. Intellectual Property Rights
are an important asset for an organization. In today’s competitive business
environment there is a need to protect and enforce Intellectual Property
Rights. Please highlight the nature and types of Intellectual Property Rights
and give one real life example on how businesses can achieve competitive
advantage through Intellectual Property Rights? (10 Marks)
Ans
1.
Introduction
Intellectual
Property Rights (IPRs) are vital for fostering innovation and creativity in
today’s knowledge-driven economy. They provide businesses with a legal
framework to safeguard their unique creations, ideas, and inventions from
unauthorized use or replication. As markets become increasingly competitive,
organizations must protect their intellectual assets to maintain a competitive
edge and generate long-term value. IPRs enable companies to differentiate
themselves by offering distinctive products and services, thereby ensuring
sustained growth. For instance, businesses leverage patents, trademarks, and
copyrights to secure their intellectual contributions and prevent competitors
from eroding their market share. The strategic use of
Q2. Environment Protection is a key
objective linked to business goals and it impacts organizations, if they
violate laws governing environment protection. Authorities like National Green
Tribunal have come down heavily on organizations that violate such laws. List
down two (2) judgments/orders where the National Green Tribunal has passed
orders/directions to ensure protection of environment, and which has adversely
impacted businesses. (10 Marks)
Ans 2.
Introduction
Environmental
protection is an essential objective for businesses, given the growing emphasis
on sustainability and the need to preserve natural resources for future
generations. Regulatory bodies such as the National Green Tribunal (NGT) play a
crucial role in enforcing environmental laws and ensuring compliance. The NGT,
established under the National Green Tribunal Act of 2010, serves as a
specialized judicial body to handle environmental disputes. It has broad powers
to impose penalties, issue directives, and ensure the implementation of
environmental regulations. Businesses that fail to adhere to these laws often
face significant legal and
Q3. Healthcom is an Indian health
tech company that has products which deploy cardiology monitoring technology in
India. Healthcom’s products are always approved by the DCGI (Drug Controller
General of India) and only then they are launched in India.
Healthcom has received a request
from a Public Information Officer of the DCGI’s office to disclose all
technical details and commercial information of the patented technology that it
uses in its products. This request is based on a RTI application which the
Public Information Officer has received from a consumer in India.
In light of the above facts, can
you advise Healthcom on:
A) Whether Healthcom is required to
disclose such information under Right to Information Act, 2005? Can it deny the
disclosing of such information especially if it is requested under Right to
Information Act, 2005? (5 Marks)
Ans
3a.
Introduction
The
Right to Information (RTI) Act, 2005, empowers citizens to request access to
information held by public authorities to promote transparency and
accountability. However, the Act also includes specific exemptions to protect
sensitive information. Healthcom, as a private entity, is not directly subject
to RTI obligations unless its information is held by a public authority. This
section examines whether Healthcom must disclose proprietary information in
response to the RTI request and the legal basis for denying such a request.
Concept
and
B) List of exemptions from
disclosure of information under Right to Information Act, 2005 and the relevant
legal provisions. (5 Marks)
B.
Exemptions from Disclosure under the RTI Act, 2005
Ans
3b.
Introduction
The
RTI Act, 2005, incorporates specific exemptions to balance transparency with
the protection of sensitive information. These exemptions safeguard interests
such as national security, personal privacy, and trade secrets. This section
outlines the legal provisions that provide grounds for refusing
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