AIBE question and official answer

AIBE III 2012 Question 49

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Question 49 of 100 AIBE III 2012 Set Common

A and B are involved in a trademark infringement dispute. The dispute is referred to a sole arbitrator who passes an award declaring A to be the owner of the trademark. Subsequently, A assigns this trademark to C without any consideration. Which of the following Statements is most accurate about whether such an assignment agreement is compulsorily registrable under the Registration Act, 1908 and why?

  1. A No, it is not compulsorily registrable because only orders of a Court that declare rights are compulsorily registrable.
  2. B Yes, all non-testamentary instruments assigning an award that declares a right need to be registered.
  3. C No, it is not compulsorily registrable because it assigned intellectual property, which is not immovable property. Official answer
  4. D No, it is not compulsorily registrable because a settlement agreement is a testamentary instrument.
  5. E Yes, it is compulsorily registrable since immovable property also includes intellectual property.

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