Intellectual Property Law

Semester- VI

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 instruments relating 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 of copyrigh 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. Registration and term of copyright
Module III- Patents (No. of lectures- 15)
1. Patent: meaning and historical development
2. Criteria for patentability and non-patentable inventions
3. Procedure for registration and term 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 protection of 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 and difference 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 Marks
and 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