INTELLECTUAL PROPERTY LAW – SHORT NOTES (BTL2)
1(a) Copyright Registration:
- Filing application, submitting copies, examination, objection hearing, and issuing registration
certificate.
- Provides legal protection, proof of ownership, and helps claim damages.
1(b) Patent Ownership & Transfer:
- Exclusive rights to make, use, sell inventions.
- Transfer through assignment or licensing; must be in writing and registered.
2(a) Patent Search Process:
- Identify keywords, select databases, conduct prior art search, analyze results, and prepare report.
2(b) Rights of Reproduction & Ownership Issues:
- Exclusive right to copy/duplicate the work.
- Issues arise in joint authorship, work-for-hire, and unclear transfers.
3(a) Determining Trade Secret Status:
- Must be secret, valuable, and protected.
- Factors: secrecy level, commercial value, protection measures, difficulty of independent discovery.
3(b) Features of Copyright Act 1957:
- Protects original works.
- Automatic protection; life + 60 years.
- Exclusive rights, infringement penalties, Copyright Board.
4(a) Liability for Misappropriation of Trade Secrets:
- Unauthorized acquisition, disclosure, or use.
- Remedies: injunctions, damages, criminal liability.
4(b) Trade Secret Law & Application:
- Protects confidential business info providing competitive advantage.
- Applied to formulas, algorithms, customer lists, etc.
5(a) Intellectual Property Audit:
- Review of patents, trademarks, copyrights, trade secrets.
- Identifies risks, compliance issues, and improves management.
5(b) New Developments in Copyright Law:
- DRM, software/database rights, internet enforcement, moral rights, AI content issues.
6(a) Copyright Infringement:
- Unauthorized use, copying, distribution.
- Penalties: civil and criminal.
6(b) International Developments in Trade Secret Law:
- TRIPS Agreement, EU Directive, US DTSA, global strengthening of laws.