LL.M IPR Syllabus 8
LL.M IPR Syllabus 8
LL.M IPR Syllabus 8
Note:
Every Paper shall carry 100 marks, out of which 80 marks shall be for written examination
and 20 marks for internal assessment.
The criterion for internal assessment is:
1. There shall be two internal assessment examinations in each paper of each semester
and best of two internal examination marks will be taken into consideration.
2. Internal assessment examination should be descriptive i) one essay question for 1.
Marks ii) two short questions each for 5 marks. Duration of the examination will be
one hour.
3. Concern teacher should set the paper and evaluate.
4. The student who secures 45% marks in aggregate put together in University
examination and internal assessment in each paper will be treated as pass in that
paper.
5. For those students who are absent at both the internal examinations. No further chance
will be given. His/her paper will be valued for 80 marks for the University
examination only, and the students shall secure 45 marks out of 80 marks allocated
for each paper.
The final internal assessment marks award lists of all subjects of each semester should be
submitted the Chairperson, board of Studies and a moderation committee consisting of
Chairperson, Board of Studies, Head of the department and senior faculty will, if necessary,
moderate the marks allotted to the students by the concerned teacher
I-SEMESTER
PAPER – I LEGAL THEORY AND JURISPRUDENCE – I
Unit-II: Theories of Law - Kelsen’s Pure Theory of law – Hart’s Concept of law – Modern
Trends in analytical and Normative Jurisprudence – Economic Theory of Law – Views of
Karl Marx - American and Scandinavian Realism – Critical Legal Studies Movement.
Unit-III: Meaning and Definition of Law - The Nature and functions of Law - The Purpose
of Law- The Classification of Law- History of Natural Law – Greek Origins – Medieval
Period – Period of Renaissance – Transcendental idealism – Natural Law and Social Contract
Theories.
Select Bibliography:
1. Granville Williams :Learning the Law.
2. P.Narayanan:Intellectual Property Law, --Ed, .Eastern Law House, Kolkata.
3. Pola Koteshwara Rao :Supreme Court and Parliament-Right to Property and
Economic Justice,2002,Law Book Agency,Hyderabad.
4. Prabhuddha Ganguli:Intellectual PropertyRights–Unleashing Knowledge Economy,
2001, Tata-Mcgraw Hill, New Delhi.
5. Shahid Alikhan & Raghunath Mashelkar : Intellectual Property and Competitive
Strategies in the 21st Century, 2004, Kluwer Law International, London
6. N.S.Gopalakrishnan :Intellectual Property and Criminal Law, 1994, National Law
School of India University, Bangalore.
7. G.B.Reddy :Intellectual Property Rights and Law,Gogia LawAgency, (2006),
Hyderabad.
8. Subbaram : N.S: What everyone should know about Patents.
9. S.K.Verma : Intellectual Property Rights, ILI, New Delhi.
10. David Bainbridge: Intellectual Property (2002), Pearson Education Ltd, New Delhi
11. Pearson & Miller : Commercial Exploitation of Intellectual Property (2004),
University Law Publishing Co. Pvt. Ltd, Delhi.
Unit-I: Concept of Rights and Duties – Definition of Right – Classification of Rights and
Duties – Absolute and relative Classification of Rights and Duties – Relation between Right
and Duty – Structure of Duty – Enforceability – Sanction – Conflicting Duties – Future
Duties - Rights and cognate concepts like liberty, power, immunity –privilege.
Unit-II: Concept of Obligation – Nature of Obligation - Liability – Nature and kinds of
Liability - Acts and Mens Rea - Intention and Motive – Relevance and motive - Absolute
and Strict Liability - Theories of Negligence - Accident – Vicarious liability – Measure of
Civil and Criminal Liability - concept of justice – Theories of punishment.
Unit-III: Property – Definition and Kinds of Property - Theories of Property - Concepts of
Ownership and possession – Kinds of Ownership –Modes of acquisition of Ownership -
Possession and its importance – Relation between ownership and possession - possessory
remedies – Prescription – Agreement – Inheritance.
Unit-IV: Persons – Nature of personality – Legal status of Animals, Dead persons, Unborn
Persons, Lunatic and Drunken Persons – Theories of Corporate Personality – Nature of
corporate personality – Acts and Liabilities of Corporations – Criminal and Civil Liability of
Corporations – The State as a Corporation.
Select Bibliography :
1. Salmond: Jurisprudence, Universal Publishers.
2. Paton : Jurisprudence
3. Allen : Law in the Making, Universal Publishers.
4. Mahajan V.D.: Legal Theory and Jurisprudence, Eastern Book Company,
Lucknow.
5. Dias : Jurisprudence, Aditya Books.
6. Rama Jois, Legal and Constitutional History of India, Universal Law
Publications, Delhi.
Unit-II: Women and Gender Justice and its various forms - Protective and empowerment
measures for Women under the Constitutional and Statutory Laws – Succession Laws and
Women empowerment – Immoral Traffic (Protection) Act, 1956 – Dowry Prohibition Act,
1961 – Protection of Women form Domestic Violence Act, 2005 - Women’s Commission.
Unit-IV: Law and Development - Land Legislations and its impact on Society – Social
Security and battle against poverty - Social Welfare Issues and Social Legislation in India -
Problems and Concerns in the implementation of Social Legislation - Social Security and
Labour Welfare.
Select Bibliography:
1. Marc Galanter, Law and Society in Modern India (1997) Oxford.
2. Upendra Baxi, Law and Poverty Critical Essays (1988) Vikas, New Delhi.
3. Manushi, A Journal about Women and Society.
4. H.M. Seervai, Constitutional Law of India, (1996)
5. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (1997) Sage.
6. Agnes, Flavia, Law and Gender Inequality: The Politics of women Rights in India, Oxford.
7. Asha Bajpai, Child Rights in India, (2006) Oxford.
8. U. Baxi, The Indian Supreme Court and Politics (1980), Eastern, Lucknow.
9. John Rawls, A Theory of Justice (2000), Universal, Delhi.
III – SEMESTER
UNIT –I: Concept of copyright-meaning and subject matter of copyright – Position under the
Copyright Act, 1957, Berne Convention, UCC, WCT and WPPT-judicial interpretation of
meaning and subject matter of copyright
Select Bibliography:
UNIT – II: Essential conditions for grant of patent-Procedure for registration of patent in
India and at International level – Application, Publication and Examination of application –
Search – Anticipation – Opposition to grant of patents – Grant of patents and its effect.
UNIT – III: Rights, duties and limitations of/on patent holders including EMRs-Surrender
and revocation of patents –Term of patent protection-Transfer of patent rights with special
reference to licensing, compulsory licensing, acquisition by government etc.
Select Bibliography:
Unit – II: Identification and formulation of Research Problem – Analytical and Case Study
Method – Doctrinal and Non- Doctrinal Research – Formulation of Research design –
Research Questions - Hypotheses.
Unit – III: Collection of Data - Research Tools and Techniques for Collection of Data -
Survey of available literature and Bibliographical Research - Legislative Material including
Subordinate Legislation, Notification and Policy Statements – Court Decisions including
Foreign Decisions - Observation – Questionnaire – Schedule – Interview – Sampling
techniques – Types of sampling.
Unit – IV: Data processing and analysis – Use of Statistics in the analysis and interpretation
of data – Classification and Tabulation of Data – Explanation of Tabulated Data – Analysis
of Data - Use of computers in Legal Research – Report writing – Essential elements of Legal
Research Report Writing - Legal Research and Law Reforms.
Select Bibliography:
1. Goode & Hatt : Methods in Social Research : Mc.Graw – Hill Book Company,
Singapore
1. C.R.Kothari: Research Methodology: Methods and Techniques, 2nd Edition, Wishwa
Prakasham, New Delhi,1995
2. Wilkinson & Bhandarkar: Methodology and Techniques of Social Research, 9th
Edition, Himalaya Publishing Housing, Bombay Delhi- Narpur 1994.
4. Good and Hatt : Methods in social research
5. Lohn : Tools of Social Science
6. Patten : Surveys, Tools and samples
7. David Lloyd : Finding in law, a guide to legal research, Debbs Ferry(N.Y) Oceana
8. Meles O. Price and harry : Effective legal Research, 4th Edn, Boston (mass) Bitner
little,1979.
9. Erwin C.Survency : Guide to Legal Research,Buffalor (N.Y) Ocena and others
IV – SEMESTER
PAPER – I LAW RELATING TO TRADE MARKS
UNIT – I: History and Evolution - Paris Convention - Madrid Agreement - Madrid Protocol
- TRIPs Agreement - Trademark Law Treaty - Purpose of Trademarks - What is Trademark?
- Definition, Function, Kinds and use - Economic and Social Justification for Trademarks -
Overview of general types of laws applicable to trademarks/ service marks Globally - Passing
Off - Laws relating to Passing off - Passing off action.
UNIT – II: The Trademarks Act, 1999 - Registration of Trademarks -Principle for
Registration of Trademarks - Essential conditions for registration of TMs - Characteristics of
a good TM Rights Conferred by Registration of Trademarks - Procedure for Registration of
TMs in India and abroad - Deceptive Similarity - Licensing of trademarks - Assignment and
Transmission of Trademarks - Limitations on Licensing – Invalidity - What marks are not
registerable - Cancellation of Registration.
UNIT – III: Rights of Proprietors and registered users etc of TMs - Transfer of TMs -
Infringement - Infringement of Trademarks - Action for Infringements - Offences and
Penalties - Unfair Competition Law - Remedies And Enforcement - Types of Relief - Civil,
Criminal and Administrative - Procedure for Litigation - Authorities under the Act-their
powers, functions and jurisdiction
UNIT – IV: New Challenges - Trademarks in cyberspace - Domain names - Cyber squatting
- Meta tagging - Review alternative dispute resolution procedure such as the Uniform
Domain - Resolution Policy (UDRP) and other similar procedures - Concept of Well-known
Trademarks - Comparative Analysis of European and Indian Trademarks Law.
Select Bibliography:
Select Bibliography:
1. Narayanan P., Trademarks & Passing off, Eastern Law House, 6th edition, 2006.
2. Gravis Daniel, The TRIPS Agreement: Drafting History and Analysis, 2nd edition,
Sweet & Maxwell.
3. Nair. R. Latha, Geographical Indications: A Search for Identity, Lexis Nexis,
Buttorworth, 2005
4. Guide to the International Registration of Industrial Designs under the Hague
Agreement, WIPO.
5. R. Basant (1998), “Intellectual Property Rights: A Note”, IIMA, Mimeo.
6. R A Mashelkar “Intellectual Property Rights and the Third World”.CSIR, New Delhi
7. S. Khoury (1998), "Valuing Intellectual Properties", in P.H. Sullivan (1998), Profiting
from Intellectual Capital: Extracting value from Innovation, John Wiley & Sons.
Select Bibliography:
3. (a) The students shall prepare three typed copies of Dissertation and submit to the
Principal of the college. (b) No candidate shall be allowed to publish the Dissertation,
submitted to the University without prior written sanction of University.
4. The Dissertation shall run into minimum of 150 pages.
5. Students shall submit their Dissertation/Thesis on or before the last working day of
the IV Semester. Dissertation submitted afterward will not be evaluated for/during that
academic year.
V. RULES OF PROMOTION
Rules of Promotion are as under:
Candidate has to complete his LL.M course with in the period of four academic
years from the date of admission.
Candidates who have not passed the examination in the first attempt along with the
batch in which they were admitted are not eligible for getting Rank Certificates/Gold
Medals/Prizes.
VII. IMPROVEMENT OF DIVISION
1. Paper-wise Improvement
a) When a candidate has passed in one or more papers/subjects in the first attempt in the
regular* examination(s) conducted by the University for his/her batch, paper-wise
improvement is permissible only in those papers.
b) A candidate is permitted to appear for paper-wise improvement only once for a semester
examination.
c) A candidate who wishes to improve his/her performance may be permitted to do so if
he/she appears in the immediate next examination conducted by the University.
NOTE: * Regular examination means an examination conducted at the end of the semester
for which the candidates were admitted and had undergone instruction.
(d) A candidate appearing for paper-wise improvement is permitted to have the better of the two
awards for the purpose of award of division.
All the rules and Regulations are equally applicable to private affiliated law colleges.
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