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Intellectual Property Rights Course Code: SLO 3701 Credits: 04

This document outlines an intellectual property rights course. The course aims to enable students to understand intellectual property law and the process of obtaining various intellectual property registrations. The course covers concepts of copyrights, trademarks, patents, industrial designs, geographical indications, and trade secrets. It is comprised of 5 units covering these topics, related statutes and international agreements. Students will learn about intellectual property rights, registration procedures, and remedies for infringement. Assessment includes assignments, exams, and an end of course exam weighting student performance over the term.

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171 views4 pages

Intellectual Property Rights Course Code: SLO 3701 Credits: 04

This document outlines an intellectual property rights course. The course aims to enable students to understand intellectual property law and the process of obtaining various intellectual property registrations. The course covers concepts of copyrights, trademarks, patents, industrial designs, geographical indications, and trade secrets. It is comprised of 5 units covering these topics, related statutes and international agreements. Students will learn about intellectual property rights, registration procedures, and remedies for infringement. Assessment includes assignments, exams, and an end of course exam weighting student performance over the term.

Uploaded by

Suditi Tandon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTELLECTUAL PROPERTY RIGHTS

Course Code: SLO 3701 Credits: 04

OBJECTIVE:

The course aims at enabling students to appreciate one of the important areas of law and the nitty-gritty
involved in it. It covers the introduction to the concept and application of various kinds of intellectual
property rights. It introduces students to the importance of intellectual property rights in the modern era
and remedies available against infringement of these rights. It also takes a step further to let the students
understand the procedure for registration of different intellectual property.

LEARNING OUTCOMES:

At the end of the course the students will be able to

 Recognize the concept of different intellectual property rights.


 Explain the requirements and procedure for obtaining registration of intellectual property.
 Explain various legal provisions that apply in case of infringement of such intellectual property
rights.

SCHEME:

This course is comprised of about 60 Lectures of 50 Minutes duration divided into five units with 8-10
lectures in each Unit.

PRESCRIBED STATUTES:
The Trademarks Act, 1999.

The Copyright Act, 1957.

The Copyright (Amendment) Act, 2012.

The Patents Act, 1970.

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

The Protection of Plant Varieties and Farmers’ Rights Act, 2001.


The Design Act, 2000

Course Contents

UNIT-1

General principles of Intellectual Property: Concept and meaning of Intellectual Property; Rationale
behind protection of Intellectual Property; Theories of IPR; Forms of Intellectual property; International
instruments concerning IPR: Berne Convention for the Protection of Literary and Artistic Works, 1886;
Universal copyright convention 1952; Paris convention for the Protection of Industrial property, 1883;
TRIPS agreement 1994; World Intellectual Property Organization, Patent Co-Cooperation Treaty; WIPO
Copyright Treaty, 1996;WIPO Performances and Phonograms Treaty, 1996

UNIT- 2

Selected aspects of the law of Copyright in India :Meaning of Copyright; Historical evolution of
Copyright in India; Subject-matter of Copyright: literary, artistic, dramatic, musical work, sound records
and cinematograph films; Term of Copyright. Authorship and Ownership of copyright: literary, dramatic
and musical works; lectures, addresses; artistic work; computer programmes; cinematograph films; sound
recordings. Rights of Copyright Owners; Acts not amounting to Infringement.

Assignment and license of copyright: mode of assignment, revocation of assignment; compulsory


licenses; difference between assignment and licences; Copyright Authorities; Infringement of Copyright;
Exceptions: Remedies: Civil remedies; Criminal remedies.

UNIT- 3

Intellectual Property in Trademarks: Concept of trademark; Rationale behind protection of trademarks;


Types of trademark: Certification Trademark, Collective Trademark, Well-known Trademark, Property
Mark. Registration of Trademark: Absolute grounds of refusal of registration; Authorities; Procedure for
registration; Effect of registration. Assignment and Transmission of Trademarks. Infringement and
Passing off of trademarks. Remedies for Infringement of Trademarks and Passing off.

UNIT-4

Intellectual Property in Patents: Concept and meaning of Patent; Rationale of Patent System;
Combination and Improvement of devices; Product Patent; Process Patent; Process of obtaining a patent:
Procedure for filing patent; Rights and obligations of a patentee; Compulsory licenses; Infringement;
defenses in suit of infringement; Injunctions and other related remedies.

UNIT-5

Intellectual Property in Industrial Designs and Geographical Indications: Geographical Indications:


Meaning; Rationale of protecting Geographical Indications; Registration; Infringement of registered
geographical indication; Remedies: Civil, Criminal.

Industrial Designs: Meaning; Rationale of protection of Industrial Designs; Registration of Industrial


Designs; Piracy of registered designs; Remedies; Passing Off; Defenses in a suit for Infringement.

Plant Varieties and Farmer’s Rights: Advantages of Plant Varieties Protection System; Farmer’s rights,
Researcher’s rights and Public Interest; Registration of Plant Varieties; Farmer’s Rights’ Compulsory
License; Infringement, Offences and Penalties.

Trade Secret: Meaning; Conditions for an Action for Breach of Confidence; Confidential Information and
Copyright; Confidential Information and Patent; Remedies.

Examination Scheme:
FA- FA-
Component of Evaluation FA-I EE
II III
Weightage (%) 20 10 10 60

Suggested Readings

1. V.J Taraporevala, Law of Intellectual Property, Thomson Reuters,2nd Edition,2013


2. Bainbridge, David, Intellectual Property, 10th Edition, Pearson Education, 2018
3. W R Cornish, Intellectual Property: Patents Copyright Trademarks and allied rights, Sweet &
Maxwell, London, 2010.
4. N.S. Gopalakrishnan & T.G. Agitha, Principles of Intellectual Property (2009), Eastern Book
Company, Lucknow.
5. Intellectual Property Rights (IPRs): TRIPS Agreement & Indian Laws, New Century Publication, 1st
edition, (2012).
6. Ashwani Bansal, Law of Trade Marks in India with introduction to Intellectual Property
Laws (Institute of Constitutional and Parliamentary Studies, New Delhi, 2009).
7. Dr. Raghbir Singh, Law Relating to Intellectual Property (A Complete Comprehensive Material on
Intellectual Property Covering Acts, Rules, Conventions, Treatise, Agreements, Digest of Cases and
much more) (In 3 Volumes), Universal Law Publishing, 3rd edition, (2013).
8. Latha R Nair & Rajendra Kumar, Geographical Indications: A Search For Identity, Lexis Nexis,
2005
9. V.K. Ahuja; Intellectual Property Rights in India; New Century Publications, 1st edition, (2012).
10. S. K. Verma & Raman Mitttal (ed.), Intellectual Property Rights a Global Vision, Indian Law
Institute, New Delhi, 2004

Pedagogy:

The application of specific pedagogy is motivated from the fact that strong foundations need to be
developed. However, it is to be kept in mind that implied understanding also needs to be developed on
current issues relating to legal scenario in India. Pedagogy for the module has to take care of two things.
Firstly, a constant interaction among students and tutor is required, involving students in active and
participative manner. Secondly, an instructive strategy is required to understand implications emphasising
learning by doing. Thus, in this module following pedagogical approaches are adopted:
 Student Lecture and Presentation: To support the development of theoretical construct.
 Case study Method: Better understanding of the case structure and practical aspects of law and
procedure.

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