SYLLABUS

INTELLECTUAL PROPERTY LAW

B.A.LL.B. (HONS.)
VIII SEMESTER
ACADEMIC YEAR 2021 – 22

COURSE TEACHER: MONICA RAJE

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INTRODUCTION

Society values the creative fruits of the human mind, believing that they enrich the fabric of
life for all of its members. Thus, a system of laws has been developed that confers rights on
the creators of these fruits. These rights are collectively known as intellectual property rights,
which is commonly abbreviated to ‘IPRs’ The development of any society directly depends
on IPR and the protection granted by a jurisdiction to its IPR creator’s. Lack of IPR
awareness and protection may result in the death of inventions, high risk of infringement,
economic loss and decline of an intellectual era in the country. According to the Word
Intellectual Property Organisation (WIPO). Intellectual Property is the creation of mind:
inventions; literary and artistic works; and symbols, names and images used in commerce.
Intellectual Property is divided into two categories: Industrial Property includes patents for
inventions, trademarks industrial designs and geographical indications. Copyright covers
literary works (such as novels, poems and plays), films, music, artistic works (e.g. drawings,
paintings, photographs and sculptures) and architectural design. Rights related to copyright
include those of performing artist in their performances, producers of phonograms in their
recording and broadcasters in their radio and television program. The Agreement on the
Trade Related Aspects of Intellectual Property Rights (TRIPS) identifies the following forms
of intellectual property: patents, trademarks, copyright industrial designs, layout design of
semiconductor integrated circuit, geographic indications, undisclosed information/ trade
secrets

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This course intends to give the students and in depth understanding of the different types of
intellectual property as identified in TRIPs and the students will study the different Indian
statutory enactments and judicial decisions in the area of intellectual property. Foreign
decisions will be discussed to fill the gaps in the Indian scenario which may have arisen due
to lack of Indian decisions.
The course will also focus on various International Conventions and agreements in the area of
intellectual property such as the Paris Convention, 1883, The Berne Convention for the
Protection of Literary and Artistic Works, 1886, The Patent Cooperation Treaty, 1970 and the
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), Annex IC of
the Agreement Establishing World Trade Organisation (WTO), 1994.

COURSE OBJECTIVES
The following are the objectives of the course:
 To familiarise the students with the basic concept of intellectual property.
 To enable students to understand and critique the various theories propounded for
justification of intellectual property rights.
 To acquaint students with the important Agreements and Conventions relating to
intellectual property rights.
 To study the laws governing the different types of intellectual property rights in
India.
 To prepare the students for intellectual property litigation and transactional practice.

LEARNING OUTCOMES
At the conclusion of this course, students are expected to:
 Understand the key concepts in the different areas of intellectual property.
 Explain the justification and rationales for protecting intellectual property.
 Understand the purpose of international conventions in the area of intellectual
property.
 Demonstrate knowledge and understanding of the appropriate procedures for
obtaining intellectual property protection.
 Critically analyse the important provisions of and the requirements for infringement
of intellectual property rights.

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COURSE OUTLINE

UNIT I: INTRODUCTION

Concept of Intellectual Property Rights – Theories for the Protection of Intellectual Property:
Natural Right Theory and Utilitarian Theory – Types of Intellectual Property: Patent,
Copyright, Trade Mark, Trade Secret, Geographical Indications, Protection of Plant Varieties,
Industrial Designs and Layout-Designs of Integrated Circuit – International Instruments for
the Protection of Intellectual Property :Paris Convention for the Protection of Industrial
Property, 1883, Berne Convention for the Protection of Literary and Artistic Works, 1886,
Agreement on Trade Related Aspects of Intellectual Property Rights, 1995

UNIT II: PATENTS

Meaning – Types of Patent - Criteria of Patentability: Patentable Subject Matter, Novelty,

Inventive Step -Capable of Industrial Application –Patent Application – Provisional and
Complete Specification – Contents of Complete Specification: Disclosure, Best Method of
Performance, Claim/s – Procedure for Grant of Patent: Pre – Grant Opposition and Post –
Grant Opposition – Rights of Patentee – Working of Patents – Compulsory License

UNIT III: INFRINGEMENT OF PATENT

Claim Interpretation – Literal and Non-Literal Infringement – Doctrine of Equivalents:
Function - Way – Result Test – Prosecution History Estoppel – Defences to Infringement –
Revocation, Government Use, Bolar Exemption – Reliefs in Case of Infringement

UNIT IV: TRADE MARKS

Meaning and Essentials of Trade Mark – Kinds of Trade Mark: Collective Mark,
Certification Mark, Well-Known Mark –Registration of Trade Mark – Classification of
Goods and Services – Grounds of Refusal of Registration: Absolute and Relative – Effect of
Registration

UNIT V: TRADE MARK: INFRINGEMENT AND PASSING OFF ACTION

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Meaning and Essentials of Passing Off – Senior and Junior User of Mark – Passing Off
Action in Case of Unregistered Trade Mark – Suit for Infringement of Registered Trade Mark
– Deceptive Similarity – Defences to Infringement – Reliefs for Infringement and Passing
Off

UNIT VI: COPYRIGHT

Meaning and Subject Matter – Idea – Expression Dichotomy: Merger Doctrine – Types of
Work: Literary, Dramatic, Musical, Artistic, Cinematograph Film and Sound Recording –
Ownership and Term of Copyright – Rights of Owner: Economic Rights, Author’s Special
Rights – Performers Rights and Broadcasters Rights – Assignment and License

UNIT VII: INFRINGEMENT OF COPYRIGHT

Infringement of Copyright – Substantial Similarity Test – Infringement of Computer

Programs: Abstraction – Filtration – Comparison Test – Defences to Infringement: Fair
Dealing v. Fair Use – Remedies for Infringement of Copyright.

UNIT VIII: TRADE SECRET

Meaning and Essentials of Trade Secret – Justification of Trade Secret as an Intellectual

Property Right – Trade Secret v. Patent – Trade Secret as a Tort of Misappropriation – Trade
Secret Protection in India – Infringement, Defences and Remedies.

UNIT IX: GEOGRAPHICAL INDICATIONS, PROTECTION OF PLANT VARIETY

Meaning of Geographical Indications of Goods – Difference between Geographical

Indications and Trade Marks – Registration Process – Grounds of Refusal of Registration –
Duration of Registration –Higher Level of Protection under TRIPs, Article 23 Controversy –
Infringement, Defences and Remedies
Introduction to Plant Varieties – Essential Requirement – Process of Registration –
Essentials of Registration: Novelty Distinctiveness, Uniformity, Stability – Infringement,
Defences and Remedies.

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UNIT X: INDUSTRIAL DESIGNS, LAYOUT DESIGN OF INTEGRATED CIRCUITS

Meaning and Essentials of Industrial Designs – Interface between Design and Copyright –
Registration Process – Grounds of Refusal of Registration –Interface between Design Law
and Copyright Law – Infringement, Defences and Remedies.

Meaning of: Semiconductor Integrated Circuits, Layout-Design – Registration Process –

Grounds of Refusal of Registration –Infringement, Defences Conditions for Protection of
Layout Design

ESSENTIAL READING
DAVID VAVER, INTELLECTUAL PROPERTY RIGHTS: CRITICAL CONCEPTS
(London: Routledge, 2006).
RECOMMENDED READINGS
1. P. NARAYANAN, INTELLECTUAL PROPERTY LAW (New Delhi: Eastern Law
House, 2018).
2. W.R. CORNISH et. al.., INTELLECTUAL PROPERTY: PATENTS,
COPYRIGHTS, TRADEMARKS AND ALLIED RIGHTS (London: Sweet &
Maxwell, 2019).

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