Business Law JUNE 2025

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Business Law

Jun 2025 Examination

Q1. Jainam Patel is a minor whose father Mr. Manish Patel expired in an accident. Manish Patel was a partner in M/s. Jalaram Enterprises, a registered partnership firm under the Indian Partnership Act, 1932. It was decided according the Partnership Deed that on the death of a partner the legal heir should be added as a partner. Jainam Patel was the only surviving legal hier of Manish Patel.

Given the above facts: (i) Can you explain whether Partnership firms allow the admission of partner, even when such incoming partner is a minor and whether such admissions are dealt in the provisions under the Indian Partnership Act, 1932. and (ii) Please highlight and explain the rights and liabilities of such minor (in this case of Jainam Patel) who is ought to be admitted as a partner in a partnership firm with special emphasis on the protection that is provided to a minor under the Indian Partnership Act, 1932.’ (10 Marks)

Ans 1.

Introduction

The Indian Partnership Act, 1932 governs the legal framework for partnership firms in India. A key aspect of the Act involves the rules regarding admission of partners. In the case of Jainam Patel, a minor and the legal heir of his deceased father, Manish Patel, who was a partner in a registered firm—M/s. Jalaram Enterprises—the question arises whether a minor can be admitted as a partner in a firm and what legal rights and liabilities apply to such a scenario. The Act offers

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Q2. The Consumer Protection Act, 2019 protects consumer rights in India and the authorities set up under the law are tasked with the objective of protecting and enforcing these rights. To support the above statement please research and give two (2) real life instances where authorities set up under the Consumer Protection Act, 2019 enforced and protected consumer rights in India. (10 Marks)

Ans 2.

Introduction

The Consumer Protection Act, 2019, was enacted with the aim of providing a more holistic, structured, and technology-enabled framework for protecting consumer rights in India. This legislation replaced the earlier 1986 Act and brought in several modern provisions such as e-commerce regulation, product liability, unfair contracts, and the establishment of the Central Consumer Protection Authority (CCPA). The objective is to empower consumers, promote fair trade practices, and

Q3A. WaCal Inc. is an American multinational corporation having global presence in manufacturing and selling sports and adventure related products. It is a market leader in many countries across the globe and its brand “ReaTop” is synonymous with high quality sports goods. The brand is endorsed worldwide by leading sportsperson and adventure enthusiasts. Now, WalCal Inc. is contemplating its entry in India. However, it is apprehensive that its brand “ReaTop” would be imitated and affixed on cheap products in India. Also, there could be instances where different variations of its brand name “ReaTop” would be affixed on products and sold.

It is keen to invest in India especially with the prospect that India’s burgeoning youth population can drive its sales and growth. Please help the company by addressing its  apprehension by answering the following query. This will help them draw an effective Intellectual Property strategy.

Query 1- What types of intellectual property rights could WalCal Inc. claim for its products in India including the brand “ReaTop”. Please explain with reason, which type(s) of intellectual property would apply? (5 Marks)

Ans 3a.

Introduction

As WaCal Inc. plans its entry into the Indian market, safeguarding its premium brand “ReaTop” is essential to prevent counterfeiting and dilution of brand identity. In India, intellectual property rights (IPRs) are governed by various statutes, and effective registration can provide robust legal protection. These rights secure the brand’s uniqueness, design, and technological innovations from unauthorized use. Identifying the right categories of IPRs will help WaCal Inc. build a strong IP strategy to protect its brand and products in a new and competitive

Q3B. WaCal Inc. is an American multinational corporation having global presence in manufacturing and selling sports and adventure related products. It is a market leader in many countries across the globe and its brand “ReaTop” is synonymous with high quality sports goods. The brand is endorsed worldwide by leading sportsperson and adventure enthusiasts. Now, WalCal Inc. is contemplating its entry in India. However, it is apprehensive that its brand “ReaTop” would be imitated and affixed on cheap products in India. Also, there could be instances where different variations of its brand name “ReaTop” would be affixed on products and sold.

It is keen to invest in India especially with the prospect that India’s burgeoning youth population can drive its sales and growth. Please help the company by addressing its apprehension by answering the following query. This will help them to draw an effective Intellectual Property strategy.

Query 2-Explain civil and criminal remedies under various intellectual property laws for enforcement of intellectual property rights? (5 Marks)

Ans 3b.

Introduction

Enforcement of intellectual property rights (IPRs) is a crucial part of any brand’s market strategy, especially in countries like India where counterfeiting is a growing concern. WaCal Inc., which fears the imitation of its brand “ReaTop,” can rely on both civil and criminal remedies under Indian law to protect its IP assets. These remedies not only act as a deterrent to infringers but also ensure that losses due to imitation or misrepresentation can be compensated legally through appropriate legal chan