Intellectual Property Law

Semester-VI

Faculty: Mr. Digvijay Singh

Ms. Tulika Shree

Syllabus:

Module I- Introduction (No. of lectures-10)

  1. Intellectual property: meaning, nature and significance
  2. Justifications for protection of intellectual property
  3. Various forms of intellectual properties: copyright, patent, trademark, design, geographical indication, semiconductor and plant variety
  4. Major international instrumentsrelating to the protection of intellectual properties: the Paris Convention, 1883, the Berne Convention, 1886, the WIPO Convention, 1967, the TRIPs Agreement, 1994 etc.

Module II- Copyright (No. of lectures- 15)

  1. Copyright: meaning and historical development
  2. Subject matter of copyright:original literary, dramatic, musical, artistic works; cinematograph films and sound recordings
  3. Ownership ofcopyrigh and rights of owner: economic rights and moral right
  4. Assignment and licence(including compulsory licence)of copyright
  5. Neighbouring rights: rights of performers, phonogram producers and broadcasters
  6. Infringement and exceptions of infringement of copyright and remedies against infringment of copyright: civil, criminal and administrative
  7. Registrationand term of copyright

Module III- Patents (No. of lectures- 15)

  1. Patent: meaning and historical development
  2. Criteria forpatentability andnon-patentable inventions
  3. Procedure for registration andterm of protection
  4. Grants of patent, rights of patentee and revocation of patent
  5. Compulsory licence and government use of patent
  6. Infringement, exceptions to infringement of patent and remedies
  7. Patent office and Appellate Board

Module IV – Trade Marks (No. of lectures- 15)

  1. Trade mark: meaning, historical development and functions of marks: commercial aspect and consumer aspect and concept of distinctiveness
  2. Absolute and relative grounds of refusal
  3. Doctrine of honest concurrent user
  4. Procedure for registration and term of protection
  5. Rights of holder and assignment and licensing of marks
  6. Infringement and remedies
  7. Trade marks registry and appellate board

Module V- Other forms of IP (No. of lectures- 15)

Design

  1. Design: meaning and evolution protectionof design and concept of novel and original
  2. Procedure for registration,effect of registration and term of protection

Geographical Indication (GI)

  1. Geographical indication:meaning, evolution of protection anddifference between GI and trade marks
  2. Procedure for registration, effect of registration and term of protection

Plant Variety Protection

  1. Plant variety protection: meaning and historical development
  2. Registration of plant varieties, effect of registration and benefit sharing and farmers’ rights

Semiconductor Integrated Circuit Layout Design

  1. Semiconductor integrated circuit: meaning and historical development
  2. Procedure for registration, effect of registration and term of protection

References:

Statutes

  1. The Copyright Act, 1957
  2. The Patent Act, 1970
  3. The Trade Marks Act, 1999
  4. The Geographical Indication of Goods Act, 1999
  5. The Designs Act, 2000
  6. The Semiconductor Integrated Circuits Layout Design Act,2000
  7. The Protection of Plant Varieties and Farmers’ Rights Act, 2001

Books

  1. W.R.Cornish and D. Llewelyn, Intellectual Property: Patents, Copyrights, Trade Marksand Allied Rights, Sweet & Maxwell.
  2. Lionel Bently and Brad Sherman, Intellectual Property Law, Oxford University Press
  3. P. Narayanan, Intellectual Property Law, Eastern Law House
  4. B.L. Wadehra, Law Relating to Intellectual Property, Universal Law Publishing Co.
  5. V.K. Ahuja, Law Relating to Intellectual Property Rights, LexisNexis