CS Executive June 2025 Question Paper Economic, Commercial and Intellectual Property Laws

FOR CS EXECUTIVE EXAM PREPARATION

CS Executive 2025
Question Paper ·
Economic, Commercial
and Intellectual
Property Laws
EXAM YEAR TYPE

CS Executive 2025 Question Paper
SUBJECT DATE

Economic, Commercial and Intellectual Property Laws June 2025

Notes · Sample Papers · Previous Year Papers · Mock Tests

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NEW SYLLABUS
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Roll No. .....................................
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Time allowed : 3 hours Maximum marks : 100

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Total number of questions : 6 Total number of printed pages : 12

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NOTE :a Answer ALL Questions.

PART–I

1. Swastik Ayurved Pharma Limited is one of the largest producers of Herbal and Ayurvedic
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em the products as having medicinal properties
products in India. To expand its market share, Swastik regularly advertised the claimed benefits

of its products. These advertisements spromoted
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and the ability to cure ailmentsawithout side effects. However, the advertisements lacked any

scientific evidence to support such claims. Relying upon these advertisements, Rajeev, a consumer,

purchased the products. The products, however, turned out to be ineffective and did not

match the claims made in the advertisements.
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Rajeev, the complainant, lodged a complaint with the Secretary, Ministry of Health, Government

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of India, alleging that the advertisements released by the company were misleading, false,

ag and deceptive, intended to misguide the general public, and in violation of the Consumer

Protection Act, 2019, which mandates that advertisements must be truthful and not misleading.

Further, the Advertising Standards Council of India (ASCI) also found the advertisements

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to be misleading and in violation of its regulations. It was contended that the company and

its directors should be held liable for such misleading and deceptive advertisements. The case

was ultimately referred to the Supreme Court under Article 136 of the Constitution of India

by way of a special leave to appeal.

From the above case study, answer the following questions as per the provisions of the

Consumer Protection Act, 2019 :

(i) Who is a ‘‘consumer’’ under the Consumer Protection Act, 2019 ? Can Rajeev be

considered a consumer in this case ?

(4 marks)

(ii) Whether the false, misleading and deceptive advertisement may be treated as unfair

trade practice ? Explain in detail.

(4 marks)

(iii) Can the producer and its directors be penalized for issuing false or misleading

advertisements under the Consumer Protection Act, 2019 ?

(3 marks)

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(iv) When and to whom a case may be lodged against and be appealed against such

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order ?
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(2 marks)
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(v)a Distinguish between defect and deficiency under the Consumer Protection Act, 2019 ?

(2 marks)

2. (a) Swarna Charitable Trust registered on 21.12.2023 engaged in the Educational Sector

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filed an Application with the RBI seeking approval to invest US$ in a foreign entity
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in Australia on 10.2.2025. Examine. whether the Trust is likely to receive approval
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from the RBI for making lsuch
s an investment. Support your answer with reasons.
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Also explain the conditions for making Overseas Direct Investment for such a Trust

in a Foreign Entity.

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(b) Whether following remittances by persons other than individuals require prior approval

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of the Reserve Bank of India under Liberalized Remittance Scheme :

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(i) Vikram Associates, a partnership firm in India wants to remit USD 2,000,000

for consultancy services procured from outside India for a project other than

infrastructure Project.

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(ii) Lakshay & Co., a partnership firm wants to remit USD 9,000,000 for consultancy

services procured from outside India for an infrastructure project.

(iii) Mayank Pvt. Ltd., a Real Estate Company in India want to remit commission

of USD 25,000 to an agent outside India for selling a residential flat in India

for which he has remitted USD 400,000 in India

(iv) PQR Pvt. Ltd., a Real Estate Company in India want to remit commission

of USD 25,000 to an agent outside India for selling a Commercial plot in

India for which he has remitted USD 2,000,000 in India

(v) Navya Ltd., an Indian company wants to remit USD 100,000 to a company

outside India towards reimbursement of pre-incorporation expenses for investment

of USD 2,000,000 in its company which is fully brought into India.

(c) Export & Import Bank of India wants to receive Foreign Direct Investment (FDI)

and further raise funds for its trade activities from Japan. State the procedure for

raising External Commercial Borrowings (ECB).

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3. (a) Sky Heights Aviation Limited wants to enter the Civil Aviation Sector by constructing

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airports and developing air transport services in India and abroad. Some International

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Aviation Companies are interested in investing in it. Explain the Entry Routs for investment

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Investment Regulation & Policy.

(b) X was caught transferring funds through illegal export of opium from India to South

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Africa. State whether X has committed any offence under the Prevention of Money

e mthe punishment that may be imposed on X under
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Laundering Act, 2002. Elucidate
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the Act.
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(c) A housing scheme project was launched by ABC Ltd. in 2015, which is still ongoing

and has not received a completion certificate. On 1.5.2016, the Real Estate (Regulation

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and Development) Act, 2016 (RERA Act) came into force. ABC Ltd. now wants
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to register this project with the Real Estate Regulatory Authority under the RERA

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Act. Advise ABC Ltd. whether it can register this project. Also, state which projects
a are exempt from the ambit of the RERA Act.

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Attempt all parts of either Q. No. 4 or Q. No. 4A

4. (a) What are the objectives of the OIML Certification System under the Legal Metrology

Act, 2009 ?

(b) State the factors that the Competition Commission of India should consider while

determining whether a combination is likely to have an appreciable adverse effect on

competition under the Competition Act, 2002.

(c) In what manner is the Special Economic Zone Authority constituted ? State the functions

of the Special Economic Zone Authority under the Special Economic Zones Act, 2005.

OR (Alternate question to Q. No. 4)

4A. (i) Explain the provisions relating to Special Courts constituted under Section 50 of the

Prohibition of Benami Property Transactions Act, 1988.

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(ii) Under what circumstances can the Central Government cancel the certificate granted

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under Section l2 for receiving foreign contribution under the Foreign Contribution

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(Regulation) Act, 2010 ?

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(iii) State the objectives of the National Committee on Trade Facilitation (NCTF). How

does the National Trade Facilitation Action Plan aim to achieve these objectives under

the Foreign Trade Policy, 2023 ?

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PART–II

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5. (a) Universal Drugs and Pharma Limited, a multinational pharmaceutical company, was

incorporated and registered in Chennai. The company filed a patent application in

India under the Patents Act, 1970, for its cancer drug Glivec (Imatinib Mesylate).

The application sought to patent a beta-crystalline form of imatinib mesylate, claiming

it to be a new form with improved bioavailability and efficacy.
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. that the drug
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e the Patents Act, 1970.
However, the Patent Controller of India rejected the application, stating

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did not meet the criteria for patentability under Section 3(d) of

The rejection was based on the ground that Sectiona3(d) prohibits the patenting of
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new forms of known substances unless they demonstrate enhanced therapeutic efficacy

compared to the original compound.

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Universal Drugs and Pharma Ltd. challenged the decision before the Intellectual Property

Appellate Board (IPAB), but the IPAB upheld the Patent Controller’s decision.

The company then filed an appeal before the Supreme Court of India, raising the

following key legal issues :

• Whether the beta-crystalline form of imatinib mesylate qualifies for patent protection

under Section 3(d) of the Indian Patents Act, 1970, given that the substance

was already known but had been presented in a new form ?

• Whether the patentability criteria under Section 3(d) are consistent with international

standards, or whether they are excessively restrictive ?

In view of the above case study, answer the following questions in accordance with

the provisions of the Indian Patent Act, 1970 :

(i) What is meant by Patent, and what can be patented ?

(2 marks)

(ii) When mere discovery of a new form of a known substance will not to be

treated as new invention under section 3(d) of the Patent Act, 1970 ?

(2 marks)

(iii) What are the rights of patentee under the Patent Act, 1970 ?

(2 marks)

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(iv) Are the patentability criteria under Section 3(d) in accordance with international

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standards ?

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(2 marks)

g l (v) Will Universal Drugs and Pharma Ltd. succeed in its arguments asa per the
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provisions of the Patents Act, 1970 ?

(2 marks)

(b) Kancheepuram Sarees, a famous product made in the Kancheepuram region of Tamil

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Nadu, was registered under the Geographical Indication of Goods (Registration and

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Protection) Act, 1999. The Kancheepuram

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Limited was constituted to register ‘‘Kancheepuram G.I’’ by traditional authentic weavers

residing in Kancheepuram region.

The registration of a similar society was also made by the non-traditional producers

which used the same G.I. against which the dispute arose. The Kancheepuram Society

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of Traditional Weavers filed a petition challenging the registration of a similar G.I.

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for the product, claiming that it would result in the misuse and exploitation of their

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a The petitioners argued that only the authentic weavers from the Kancheepuram region

should be entitled to use the G.I. for Kancheepuram Sarees and that ‘‘Broader definition

could result in the dilution of the uniqueness and quality of the product.

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Therefore, the G.I. of Kancheepuram Sarees should be exclusive to the traditional

weavers, of the Kancheepuram region and the G.I. Act should be interpreted in a

way that protected the authenticity and tradition of the product. Any registration extending

the use of G.I. beyond this would lead to the exploitation of their craft. Union of

India, the respondent, argued that G.I. Act is intended to protect the geographical

origin of a product and does not restrict registration based on the type of producer.

It should be extended to all the producers traditional as well as non-traditional weaver

communities which produce authentic ‘‘Kancheepuram Sarees’’.

Considering the above case study, answer the following questions in the light of

Geographical Indication of Goods (Registration and Protection) Act, 1999.

(i) What is meant by Geographical Indication ?

(2 marks)

(ii) What are the benefits of Geographical Indication registration ?

(2 marks)

(iii) Is there any difference between Geographical Indication and Trade Mark ?

(2 marks)

(iv) When may a registered Geographical Indication be treated as infringed ?

(2 marks)

(v) Is the contention of the Union of India, the respondent, correct ? Explain.

(2 marks)
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Attempt all parts of either Q. No. 6 or Q. No. 6A

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6. (a)
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Rajat, the proprietor of RC Associates, filed an application for a patent with the
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of the opinion that the invention cannot be performed without a substantial risk of

infringement of a claim of another existing patent. What directions may the Controller

issue to Rajat under Section l9 of the Patents Act, 1970 ?

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(b) ES Ltd., a telecommunications company, is in the design phase of a new device

that incorporates a cell phoneswith

new device may have a gla the same design as their competitor’s product. What
nearly

requirements ES Ltd. should comply with before applying for registration of the design

of the new device under the Designs Act, 2000 ?

(c)
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ABC Ltd., incorporated in 1996 deals in Plywood under the Trade Names ‘UNIPLY’.

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. ‘UNIPLY’. ABC
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e for a Temporary
It came to know in 1999 that XYZ Ltd. is also using the Name

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Ltd. filed a suit against the XYZ Ltd. along with an application

gla Injunction. The Court granted an ex-parte temporaryainjunction to the Appellant. In
a turn, XYZ Ltd. also filed appeal against ABC Ltd. claiming that it was incorporated

in 1993 and they have been carrying business under the Name of ‘UNIPLY’ since

1993. XYZ Ltd. claimed the prior use of Marks in question.

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Explain, whether XYZ Ltd. can be restrained from using the name ‘UNIPLY’ with

reference to a case law as per the Trade Marks Act, 1999 ?

(d) A Pharmaceutical company develops a new drug with a specific chemical compound

‘Carbon Dioxide’. The Company applied ‘Carbon Dioxide’ to register it as Trademark.

Whether this Trademark can be granted as per the Trade Marks, Act, 1999 ?

OR (Alternate question to Q. No. 6)

6A. (i) When may a license be terminated, granted under the Copyright Act, 1957 ?

(ii) The main goals on which National Intellectual Property Right Policy has focused are

mainly to encourage innovation, enhance the business climate and commercially utilize

intellectual property. Comment.

(iii) Who is ‘‘Trademark Agent’’ ? State the qualifications for registration of trademark

agent under the law relating to trademarks.

(iv) How a Patent Specification is prepared ? When is an Application for patent published

as per the Patent Act, 1970 ?

(5 marks each)

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