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COURSE:
OPTIONAL-I
: INTELLECTUAL PROPERTY RIGHTS-1
Objectives:
Intellectual Property Law has assumed a great importance in recent times as a result of the
recognition that “knowledge is property”. The creations of the human brain as IP are required to
be understood and protected. The syllabi encompassing all relevant IP legislations in India with a
view to understand and adjust with changing needs of the society because creative work is useful
to society and law relating to innovation/creativity i.e. Intellectual Property is one of the fastest
growing subjects all over the globe because of its significance and importance in the present era
Disseminate information on national and international IPR issues. The course is designed with a
view to create IPR consciousness; and familiarize the learners about the documentation and
administrative procedures relating to IPR in India, The subject Intellectual Property Law divided
into two Papers namely Paper — I and Paper - IT of 100 marks each.
Course contents:
UNITI
Introductory Aspects: Overview of the concept of property; Industrial property and non-
industrial property; Historical background of IPR; Importance of human creativity in present
scewariu; Different forms of Intellectual Property and its conceptual analysis.
Patents: Introduction and overview of patent protection; History of Patent protections; Meaning
and definition of patent; Object of patent; Scope and salient features of Patent Act; How to
obtain a patent; Product patent and Process patent; Specification — Provisional and complete
specification; Opposition proceedings to grant of patents; Register of patents and Patent Office:
Rights and obligations of patentee; Transfer of Patent Rights; Compulsory licences; Government
use of inventions; Revocation and surrender of patents; Infringement of Patents; Offences and
Penalties.
UNIT
Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Meaning
and definition of Trade mark; Object of trade mark; Features of good trade mark; Different forms
of trade mark; Trade marks registry and register of trade marks; Property in a trade mark;
Registrable and non-registrable marks; Basic principles of registration of trade mark; Deceptive
similarity; Assignment and transmission; Rectification of register; Infringement of trade mark;
Passing off; Domain name protection and registration; Offences and penalties
UNIT HL
Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace;
Emergence of cyber crime ; Grant in software patent and Copyright in software; Software piracy;
Trade marks issues related to Internet (Domain name); Data protection in cyberspace; E~
commerce and E-contract; Salient features of Information Technology Act; IPR provisions in IT
Act; Internet policy of Government of India.
UNIT IV
Geographical Indications: Introduction and overview of geographical indications; Meaning and
cope of geographical indications; Important geographical indications of India and their features;
92 Salient features of the Protection of Geographical Indications Act; Protection of geographical
indications; Misleading use of geographical indications; Registration of geographical indications;
Right to use geographical indications; Infringement; Remedies against infringement; Role and
functions of Registrar of Geographical indications; Conflict between Trade mark and
geographical indications.
UNIT V
International Convention and Treaties: Paris Convention: Background; Salient features of Paris
Convention; Governing rules of Paris Convention; Patent Cooperation Treaty: Background;
Objectives of PCT; Salient features of PCT; Madrid Convention: Salient features; International
registration of marks; World Intellectual Property Organisation: Background; Salient features
WIPO; Organisation of WIPO.
Prescribed Books:
1. Narayan, S., Intellectual Property Law in India, (Hyderabad: Gogia Law Agency, 2005)
2. Comish, William, Intellectual Property: Patents, Copyright, Trademark and Allied Rights,
2" Edition, (London: Sweet & Maxwell, 1998)Reference Books:
1. Ganguli, Prabuddha, Intellectual Property Rights: Unleashed the knowledge Economy,
(Tata Mc GrawHillPublishing Co., 2001)
2. Caddick, Nicholas et (al).,CopingerdeSkone James, Copyright, 16" Edition, (U.K: Sweet
& Maxwell,21013)
3. Unni, Trade Marks and the Emerging concepts of Cyber Property Rights,
(Kolkata: Eastern Law House, 2002)
4, Ryder Rodney, Intellectual Property and the Internet.(Jain Book Agency: 2002)
5. Matthan, Rahul,The law relating 10 Computers and the Internet,(Butterworths India Ltd,
2005).
6. Verkey,Elizabeth, Law of Plant Varieties Protection, \“ Edition, (Eastern Book Co., 2007
7. Duggal,Pavan, Cyber Law: the Indian Perspective, (Saakshar Law Publications, 2002)
8. Milttal,D.P.,7axmann’s Law of Information Technology(Cyber Law)(Taxmann Allied
Services, 2000).
93
Emergency Provisions and Procedure for Amendment of Constitution_ National __Emergency, State Emergency, Financial Emergency, Procedure for Amendment of __Constitution, Amendment of Fundamental Rights, Doctrine of Basic Structure theory