KARNATAKA STATE LAW UNIVERSITY

Navanagar, Hubballi-580025
Accredited with ‘A’ Grade by NAAC
Phone: 0836-222249292 Website :[Link]
Fax : 0836-2223392 Email : [Link]@[Link]

No. KSLU/Acca/BOS/2023-24/ Date:

2 YEAR LL.M IN INTELLECTUAL PROPERTY RIGHTS LAW (IPR)

SEMESTERWISE SUBJECT DETAILS :

[Link] Semester Subject

1 I Semester Law and Social Transformation in India (compulsory )
Indian Constitutional and New Challenges (compulsory )
Legal Theory (compulsory )
Specialisation Paper – 1 Conceptual Study of Industrial and Intellectual
Property Rights

2 II Semester Legal Education and Research Methodology (compulsory )

Judicial and Legislative Process (compulsory )
Legal Concepts (compulsory )
Specialisation Paper – 2 Law Patents

3 III Semester Specialisation Paper – 3 Law of Trade Marks

Specialisation Paper – 4 Law of Copyrights
Specialisation Paper – 5 Law of Designs, Integrated Circuits,
Geographical Indications, and Confidential Information.
Specialisation Paper – 6 Law of Intellectual Property and Plant Varieties

4 IV Semester Specialisation Paper – 7 Law of Intellectual Property and Biodiversity

Specialisation Paper – 8 Law of Intellectual Property and Information
Technology
Specialisation Paper – 9 Law of Intellectual Property Rights, Human
Rights and Environment
Dissertation
 LL.M SYLLABUS 2019 – 20

I - SEMESTER

PAPER 1: LAW AND SOCIAL TRANSFORMATION IN INDIA [Compulsory]

Objectives:
This course is designed to offer the teacher and the taught with (a) awareness of Indian
approaches to social and economic problems in the context of law as a means of social control
and change; and (b) a spirit of inquiry to explore and exploit law and legal institutions as a
means to achieve development within the framework of law. The endeavor is to make the
students aware of the role the law has played and has to play in the contemporary Indian
society.

Course content:

Unit I
Theory, History, Alternatives and the Constitution
Law and social transformation: a theoretical discussion
Historical and social discourse on law‟s role in social transformation
Alternatives to legal strategy: Gandhism, Sarvodaya, Marxism and Naxalism
Constitution's orientation and response to social transformation
Unit-II
Multiculturalism and Social Transformation: Religion, Language, Region and Ethnicity
Religion and law
Language and law: towards equality in language rights?
Language rights in education people's language as the language of courts; perspectives,
problems and the needed strategies
Regionalism, law and social transformation
Ethnic pluralism, tribal development and social transformation: a focus on security, self -
government and social justice

Unit - III
Social Transformation by Empowerment: Empowering the Backward Classes, Women
and Children
Caste, law and empowerment of the backward classes Constitutional
policy and development towards gender justice
Crimes against women and law‟s response thereto
Law, child welfare and social transformation

Unit IV
Modernisation and Social Transformation: Concept, Family Law, Economic Reforms
Modernisation and law
Family law, modernisation and social transformation
Economic development, law and social transformation: focus on agriculture, industry and
environment
Unit V
Justice Delivery System and Participative Democracy
Reforms in the justice delivery system, modernization and law
Role of democracy, Panchayat Raj and NGOs in social transformation through law

Prescribed Books:
Bhat Ishwar P.,Law and Social Transformation ( Lucknow: Eastern Books Company, 2009)

Reference Books:

Friedman Wolfgang, Law in a Changing Society ( Berkly: University of California Press,

1959)
Mark Galenter Ed., Law and Society in Modern India ( London: Oxford University Press,
1989)
 PAPER 2: INDIAN CONSTITUTIONAL LAW: THE NEW CHALLENGES
[Compulsory]

Objectives:
The constitution, a living document, is said to be always in the making. The judicial process
of constitutional interpretation involves a technique of adapting the law to meet changing
social mores. Constitution being the fundamental law, an insight into its new trends is
essential for a meaningful understanding of the legal system and processes. The post graduate
students in law who had the basic knowledge of Indian Constitutional Law at LL.B. level,
should be exposed to the new challenges and perspectives of constitutional development
which they are allowed to chose an area of law for specialization. Obviously, rubrics under
this section of the paper require modification and updating from time to time.

Course content:

Unit I
Federalism: creation of new states; allocation and share of resources - distribution of grants in
aid; The inter-state disputes on resources; Centre‟s responsibility and internal disturbance
within states; Directions of the center to the state under Article 356 and 365; Special status of
certain states; Tribal Areas, Scheduled Areas;

Unit II
Constitution and Constitutionalism; "State": Need for widening the definition in the wake of
liberalization and horizontal application of fundamental rights. Right to Equality:
Privatization and Its Impact on Affirmative Action; Empowerment of women.

Unit III
Freedom of press and challenges: Freedom of speech and right to broadcast and telecast;
Right to life, privacy, strikes, hartal and bandh; Emerging Regime of New Rights and
Remedies: Reading Directive principles and fundamental duties into fundamental rights;
Compensation jurisprudence; Right to education; Commercialization of education and its
impact

Unit IV
Rights of Minorities to establish and administer educational institutions and state control
Secularism and religious fanaticism.

Unit V
Separation of Powers: Stresses and Strain: Judicial activism and judicial restraint; PIL:
implementation; Judicial independence; Appointment, transfer and removal of judges;
Accountability: executive and judiciary; Tribunals
Democratic process; nexus of politics with crime and business; election; status of election
commission; electoral reforms; coalition government- stability, durability and corrupt
practice, grass roots democracy.

Select Bibliography:
Considering the nature of the subject, no textbooks can be prescribed. Hence, the required
material is to be gathered from the latest amendments of laws, case law, critical comments,
studies, reports, articles and research papers.
PAPER 3: LEGAL THEORY [Compulsory]

Objectives:
LL. M. students are expected to develop a philosophical and analytical mind by making a
deep study of various theories of law. It is helpful in understanding the law in its social and
temporal context. It will also help students to appreciate the limitations of law. The unitised
Syllabus for the course is as follows.

Course content:

Unit I
Natural Law Theories: Jewish, Roman, Greek, Middle Ages, Renaissance and Reformation
Period, Modern period, Indian: ancient and modern.

Unit II
Positive Law Theories: Bentham, Austin, Kelson, Hart

Unit III
Historic Theories and Anthropological Theories: Hegel, von Savigny, Puchta, Henry Maine,
Gierke, Hegel. Economic Theories: Marx and Engels, Lenin, Pushukanis, Stalin, Tito, Mao,
Gorbachev

Unit IV
Sociological Theories: Bentham, Ihering, Earlich, Pound, Duiguit

Unit V
Realism: American and Scandinavian

Select Bibliography:
1. Julius Stone, The Province and Function of Law, Part-II Chs.1,8 -16(2000), Universal,
New Delhi.
2. W. Friedmann, Legal Theory (1960), Stevens, London.
3. Bodenheimer, Jurisprudence - the philosophy and Method of the Law (1997), Universal,
Delhi.
4. R. W. M. Dias, Jurisprudence
5. John Salmon, Jurisprudence
6. H. L. A. Hart, The Concept of Law
 Annexure – 1

Two Year LL.M Syllabus 2022-23

INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER-I: CONCEPTUAL STUDY OF INDUSTRIAL AND INTELLECTUAL PROPERTY

RIGHTS

Objectives:
This paper focuses on the conceptual analysis of industrial property in different forms and at
different times. Taking into account the industrialisation and post – Industrialisation era in which, a
shift has occurred in the concept and meaning of property and specifically intellectual property.

UNIT : I – Meaning and nature of property and intellectual property, characteristics of industrial
property and non-industrial property and intellectual property, comparison and distinction between
the industrial and non-industrial (intellectual property); Origin and Development of Intellectual
Property.

UNIT : II - Need for intellectual property rights; rationale for protection of IPR; Theories of IPR:
Natural Law Theory, Hegelian Philosophy (Personality Theory), Lockes‟ Theory of Property
(Labour Theory), Incentive Theory, Reward Theory, Prospect Theory, Schumpeterian Theory.

Impact of IPR on Development, health, agriculture and generic resources; impact on traditional life
styles, indigenous peoples and farmers.

UNIT : III - Different types of industrial property; Salient features of national legal regime on
Industrial property: The Patents Act, 1970, the Trade Marks Act, 1999 and Designs Act, 2000;
Highlights of international instruments such as TRIPs, and Paris Convention.

UNIT : IV - Salient features of national legal regime on Copyright and allied rights. Highlights of
international instruments such as TRIPs Agreement, and Berne Convention.

UNIT : V - Introduction of new forms of intellectual property rights in India after TRIPs Agreement:
Salient features of the Geographical Indications of Goods (Registration and Protection) Act, 1999
and Protection of Plant Varieties and Farmers‟ Rights Act, 2001; Trade secrets; Integrated circuits.
Prescribed Books:
1. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).

2. Lionel Bently& Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd edn.,

2008.

3. Ranabhir Singh, Law Relating to Intellectual Property, Vols. 1-3, Universal Law Publishing Co.

Pvt. Ltd., Delhi.

4. Jayashree Watal, Intellectual Property Rights in the WTO and Developing Countries, Oxford

University Press, New Delhi (2008).

5. Elizabeth Verky, Intellectual Property, Eastern Book Publication Co., Nagpur.

6. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.

7. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book Company,
2nd edn., 2014.

Reference Books:

1. Peter Drahos, A Philosophy of Intellectual Property, Dartmouth Publications Co., 1996.

2. William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks and
Allied Rights, Sweet and Maxwell, London (2003).
3. Campbell, Dennis and Susan Cotter (Eds.), International Intellectual Property Law: Global
Jurisdictions, John Wiley & Sons, UK (1996).
4. D‟Amato and Anthony, International Intellectual Property Anthology, Anderson Publishing Co.,
Cincinnati, Ohio (1996).
5. Doern and G. Bruce, Global Change and Intellectual Property Agencies: Institutional Perspective,
Pinter, London and New York (1999).
6. R.M. Gadbaw and T.J. Richards, Intellectual Property Rights: Global Consensus, Global
Conflicts?, Westview Press, Boulder, Colorado (1998).
7. Alan S. Gutterman and Bentley J. Anderson, Intellectual Property in Global Markets, Kluwer Law
International, London, The Hague, Boston (1997).
8. Hilary E. Pearson and Clifford G. Miller, Commercial Exploitation of Intellectual Property,
Universal Law Publishing Co. Pvt. Ltd., Delhi (1997).
9. P. Narayanan, Intellectual Property Law, 4th edn., Eastern Law House, New Delhi and Kolkota (2006).
10. Prabuddha Ganguly, Intellectual Property Rights: Unleashing the Knowledge Economy, Tata
McGraw-Hill Publishing Company Limited, New Delhi (2001).
11. Bibek Debroy (Ed.), Intellectual Property Rights, B.R. Publishing Corporation (India) Ltd. (1998).

12. Guttina Leela (Ed.) and V.C. Vivekanandan (Series Ed.), International Treaties and Conventions
on IPR, Module IV, NALSAR Proximate Education, NALSAR University of Hyderabad.
13. Daniel Gervais, The TRIPs Agreement: Drafting History and Analysis, Sweet and Maxwell,
London (1998).
14. Susan K Sell, Private Power, Public Law: The Globalization of Intellectual Property Rights,
Cambridge University Press, 2003.
 II - SEMESTER

PAPER 5: LEGAL EDUCATION AND RESEARCH METHODOLOGY [Compulsory]

Objectives:
A post-graduate student of law should get an insight into the objectives of legal
education. The student should be introduced to the legal regime governing legal education so
that they can contribute better when involved in activities of centers of legal education.
Further, the student should be thoroughly introduced to the idea and methods of legal
research to better equip them to effectively discharge their responsibilities in the capacity of
both academicians and professionals. this course is designed to equip the students with the
requirements of legal education and legal research in contemporary society.

Course content:

Unit I : Introduction to Legal Education

Legal Education; history of Legal education; National Education Policy; objectives of Legal
education, Bar Council of India Rules of Legal education, present problems of Legal
education and future perspectives; curriculum making and reform; designing teaching
methods to suit the curriculum requirements; diversity in teaching methods and their merits
and demerits; legal aid, legal literacy and law reform.

Unit-II: Idea of Legal Research, Methodology and ensuring good quality research

Legal Research: Introduction; Legal Research Methodology, purposes and foot steps;
thinking process in legal research: diverse models; objectivity, value neutrality, originality
and ethics in Legal Research; choosing, designing and building the research theme;
formulation and testing of hypothesis; rules against plagiarism, introduction to kinds of
research.

Unit-III: Doctrinal Legal Research

Doctrinal Legal Research as a means of synthesizing facts, thoughts and legal principles;
analytical legal for expanding the legal world; historical legal research: implications and
applications; philosophical research in law: the possibilities; comparative method of
legal research: nature, process and potentiality.

Unit-IV: Non- Doctrinal Methods of Legal Research

Empirical Legal Research: nature, features and expanding Horizons; tools of data collection
in empirical legal research:, observation, interview case study, ethnography, questionnaire ,
survey , qualitative legal research; sampling method: varieties and uses; qualitative legal
research

Unit-V: Integrated Methods of Legal Research and Research Reporting:

Multi -method legal research: nature, features, procedure and potentiality; policy research
in law, action research in law, methodology of feminist legal research , legal writing
based on Research report writing, writing articles, case comments and notes.
Prescribed books:
Bhat Ishwara P.,Idea and methods of legal Research (Oxford: Oxford University
Press,2019)

References:
Whitney F.L., The Elements of Research (rev. edn., Prentice Hall, 1948)

Goode William J. and Hatt Paul K., Methods in Social Research, McGraw-Hill Book

Company, London
Mike McConville and Wing Hong Chi, Research Methods for Law (Edinburg University
Press, 2007)
SK Verma and A fzal Wani, Legal Researh methodology ( Indian Law Institution, Second
Edition,2007
Justice A.S. Anand, “Legal education in India- Past, Present and Future” in Lokendra Malik
and Manish Arora ed., Legal Education in India: Essays in honour of Professor Ranbir Singh
(New Delhi: Universal Law Publishing Co. 2014) pp.11-20.
Justice A.R. Lakshmanan, “Legal Education- Role of Bar” in Lokendra Malik and Manish
Arora ed., Legal Education in India: Essays in honour of Professor Ranbir Singh (New Delhi:
Universal Law Publishing Co. 2014) pp.35-48.
PAPER 7: LEGAL CONCEPTS [Compulsory]

Objectives:
Students at LL. M. level are required to conduct a detailed critical and analytical study of
various dimensions of legal concepts, which are the basic tools in the hands of law fraternity
to appreciate varied branches of discipline in law. Legal concepts are to be understood as the
bridges of comprehension of law in its application in the process of administration of justice.
The process of administration of justice would remain incomplete without the comprehension
and use of legal concepts. The teacher is required to give instructions to the students by citing
examples of decided cases of various legal systems, with special reference to Indian Cases, in
which legal concepts have been used by the judges in rendering justice. The unitised syllabus
for this course is as follows.

Course content:

Unit I:
Rights: Conception; Definition; characteristics; types; Rights in the wider sense of the term;
Jural relationship of Right-Duty, Liberty-No-right, Power-Liability and Immunity-
Disability; critique on jural relations; temporal dimensions.

Unit II:
Persons: Concept of personality, status of unborn persons, dead and lower animals; natural
and legal persons; corporations: sole, aggregate, limited etc; registered friendly associations.
Multinational Corporations and Juristic Personality; Transnational Juristic Personality;
Theories of personality.

Unit III
Property: Meaning; Types; Movable and Immovable property; Corporeal and Incorporeal
Property; Emergence and expanding regime of Incorporeal property: Patents; Copyrights;
Designs; Trademarks, Geographical Indications; Integrated Circuits; Protection of Plant
Varieties; Confidential Information.

Unit IV

Possession: Idea of Possession; Possession in Roman Law; Possession in English Law;

Possession in Indian Law; Theories of Possession; Judicial Interpretation of Possession in
Indian and British Courts. Adverse possession.

Unit V

Ownership: The Idea of Ownership; Analysis of Ownership; Function of Ownership in Social

Engineering; Ownership and Allocation of burdens and Benefits; Ownership and Liberty;
Ownership and Power; Ownership in India: Tiller of the Land as Owner: Sons of the Soil
Theory.
Select Bibliography:

1. R W M Dias, Jurisprudence
2. Salmond on Jurisprudence ( ed P J Fitzgerald)
3. G W Paton, A Text-book of Jurisprudence
4. W Friedmann, Law in a Changing Society
5. W N Hohfeld, Fundamental Legal Conceptions As Applied in Judicial Reasoning (ed W
W Cook)
6. A Kocourek, Jural Relations
7. J Stone, Legal System and Lawyers‟ Reasonings
8. M Radin, „A Restatement of Hohfeld‟ (1938) 51 Harvard Law Review 1141
9. A L Goodhart, Essays in Jurisprudence and the Common Law
10. F Hallis, Corporate Personality

11. J W Bingham, „The Nature and Importance of Legal Possession‟ (1915) 13 Michigan
Law Review 534
12. H Bond, „Possession in Roman Law‟ (1890) 6 LQR 259
13. D R Harris, „The Concept of Possession in English Law‟ in Oxford Essays in
Jurisprudence (ed A G Guest) ch 4
14. L C Becker, Property Rights: Philosophical Foundations
15. A ABerle& G C Means, The Modern Corporation and Private Property
16. A M Honore, „Ownership‟ in Oxford Essays in Jurisprudence (ed A G Guest)
17. J M Lightwood, A Treatise on Possession of Land
18. J W C Turner, „Some Reflections on Ownership in English Law‟ (1941) 19 Canadian Bar
Review 342
PAPER 6: JUDICIAL AND LEGISLATIVE PROCESS [ Compulsory ]

Objectives:
A lawyer whether academic or professional is expected to be competent to analyze and
evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on
judicial process is essential in the LL.M. curriculum. The objective of this paper is to study
the nature of Law making processes as an instrument of social ordering.

A lawyer whether academic or professional is expected to be competent to analyze and

evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on
judicial process is essential in the LL.M. curriculum. The objective of this paper is to study
the nature of Law making processes as an instrument of social ordering. It is intended to
highlight the role of court as policy maker, participant in the power process and as an
instrument of social change. This section of the paper further intends to expose the intricacies
of judicial creativity and the judicial tools and techniques employed in the process.
Since the alternate aim of any legal process or system is to pursue justice a systematic study
of the concept of justices and its various theoretical foundations is required. This section of
the paper therefore, intends to familiarize the students with various theories, different aspects
and alternative ways, of attaining justice.

Course content:

Unit - I
Nature of Judicial Process: Judicial process as an instrument of social ordering; judicial
process and creativity in the law- common aw model- Legal Reasoning and growth of law-
change and stability; stare decisis; the Tools and techniques of judicial creativity and
precedent; identifying ratio decidendi and obiter dicta; Legal development and creativity
through legal reasoning under statutory and codified systems.

Unit-II
Special Dimensions of Judicial process in the constitutional Adjudications: notions of Judicial
review; Role in constitutional adjudication- various theories of judicial role; Tools and
techniques in the policy making and creativity in the constitutional adjudication; Variants of
judicial and juristic activism.

Unit-III
Problems of accountability and judicial law making. Judicial process in India: Indian
debate on the role of judges and on the notion of Judicial review; the “independence “ of
judiciary and the "political" nature of judicial process; judicial activism and creativity of the
supreme court; the tools and a techniques of creativity; institutional liability of course and
judicial activism- scope and limits. structural challenges.

Unit-IV
Legislation as a source of law: it's relation with other sources of law; Supreme legislation:
law making by Indian Parliament, interaction between law and public opinion; drafting of
Bills; presentation and discussion in a Legislature Houses, subordinate legislation; types of
subordinate legislation. M ajor roles of interpretation of statutes: L iteral are Plain Meaning
Rule; Golden Rule; Purposive approach: Mischief Rule; Compromise approach.
Unit V: Legislative Drafting
Nature of Legislative drafting; diseases of language to be dealt and taken care of; its
history in India and England; components or parts of legislation and their purposes; role of
legislation in social welfare and transformation; role of draftsman; the skills, traits and
abilities he should process; legislative draftsman's position, duties and responsibilities:
relation with the government legislative division, public and the society at large; impact of
constitutional values and provisions on legislative drafting; impact of the General Clauses
Act upon legislative drafting; impact of principles of statutory interpretation upon
legislative drafting; steps in a legislative drafting: pre- draft preparation; drafting,
deliberation with others; post draft refinement; drafting of delegated legislation- limits and
cautions; drafting exercise.

Select Bibliography:

1. W. Friedman, Law in a Changing Society

2. Julius Stone, The Province and Function of Law, Part II, Chs. 1, 8-16 (2000), Universal,
New Delhi.
3. Enjamin Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi
4. Henry [Link] , The Judicial Process (1998), Oxford.
5. [Link], Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths
6. [Link], Legal Theory (1960), Stevens, London
7. Bodenheimer, Jurisprudence - the Philosophy and Method of the Law (1997), Universal,
Delhi
8. C. K. Allen, Law in the Making
9. C. [Link], Law and Orders (2ndedn.)
10. Sir Henry Maine, Ancient Law
11. J..Stone, Legal System and Lawyers' Reasonings (1999), Universal, Delhi
12. [Link], The Indian Supreme Court and Politics (1980), Eastern,Lucknow.
13. Rajeev Dhavan, The Supreme Court of India - A Socio -Legal Critique of its Juristic
Techniques (1977), Tripathi, Bombay.
14. John Rawls, A Theory of Justice (2000), Universal, Delhi
15. Edward [Link], An Introduction to Legal Reasoning (1970), University of Chicago.
16. F. C. Cohen, „Modern Ethics and the Law‟ (1934) 4 Brooklyn Law Review 33
17. P. Devlin, „Judges, Government and Politics‟ (1978) 41 Modern Law Review 501
18. J. Dickinson, „The Law Behind Law‟ (1929) 29 Columbia Law Review 285
19. T.K. Vishwanathan (Ed.) G. Rajagopal‟s Legislative Drafting: Shaping the Law for the
Millennium (Indian Law Institute, 2007)
20. B.R. Atre, Legislative Drafting: Principles and Techniques(Universal, 2014)
21. Helen Xanthaki, Thorton‟s Legislative Drafting (5thed)
22. Constantin and Helen Xanthaki,(ed) Drafting Legislation(Ashgate, 2008).
23. Reed Dickerson, Legislative Drafting
24. Reed Dickerson, Interpretation of Statutes
25. G.P. Singh, Statutory Interpretation (14th ed.,2018).
 Annexure -2
Two Year LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER II: LAW OF PATENTS

Objectives:
The development of technology and improvements in industrial techniques, which are
essential for the economic welfare of human society, which depend largely on the growth of
inventions capable of industrial application. A system of granting a limited monopoly to the
inventors in return for the research and disclosure of the invention to the public called patents
has developed in almost all countries and engaged in their protection by entering into
international treaties and agreements. The subject of patent law requires its detailed study by the
students in view of the above significance attached to the patent legal framework.

UNIT: I – Basic requirements of Patents; Indian and International history of patent laws;
distinction between the invention, discovery and patent; importance of inventions for
technological and socio-economic growth of the country in particular and world in general;
theoretical justifications for Patent Protection.

UNIT: II –Basic principles underlying the patent law in India compared with other national
patent systems of U.K., U.S. and E.U.; meaning and nature of patent; meaning of ‘invention’,
‘novelty’, ‘inventive step’ and ‘capable of industrial application’; patentable and non-
patentable inventions.
The salient features of the Indian Patent Act, 1970 as amended till date- shift from process
patenting to product patenting in food, drug and chemicals.

UNIT: III – Procedure to obtain patent, patents of addition, specification- provisional and
complete specification, amendments of application and specifications, pre and post grant
opposition to grant of patent and grounds for opposition, sealing of patents, term of
protection; Rights and obligations of a patentee, transfer of patent rights, Powers of the
controller.

UNIT: IV –Powers of the central government: use of inventions for the purposes of
government and acquisition of invention by central government.
Appeals and appellate board, abuse of patent rights, compulsory licence, revocation:
grounds of revocation of a patent; infringement of patents, action for infringement, reliefs
and remedies upon the infringement of patent.

UNIT: V –Salient features of international legal instruments on patents: Paris Convention for
the Protection of Industrial Property, 1883(Relevant provisions); TRIPs Agreement, 1994
(Relevant provisions); Patent Co-operation Treaty, 1970; WIPO Patent Law Treaty (PLT),
2000; WIPO Substantive Patent Law Treaty (SPLT); Budapest Treaty on International
Recognition of the Deposit of Micro-organisms for the Purpose of Patent Procedure, 1977.
Prescribed Books:

1. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
2. P. Narayanan, Patent Law, 4thEdn., Eastern Law House, New Delhi and Kolkota (2006).
3. Elizabeth Verky, Intellectual Property, Eastern Book Publication Co., Nagpur.
4. Jayashree Watal, Intellectual Property Rights in the WTO and Developing Countries, Oxford
University Press, New Delhi (2001).
5. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
6. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book
Company, 2nd edn., 2014.

Reference Books:

1. Graeme B. Dinwoodie, William O. Hennessey and Shira Perlmutter, International and

Comparative Patent Law, LexisNexis, New Jersey (2002).
2. William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks
and Allied Rights, Sweet and Maxwell, London (2003).
3. PrabuddhaGanguly, Intellectual Property Rights: Unleashing the Knowledge Economy, Tata
McGraw-Hill Publishing Company Limited, New Delhi (2001).
4. L. Bently and B. Sherman, Intellectual Property Law, Oxford University Press, Oxford.
5. Bibek Debroy (Ed.), Intellectual Property Rights, B.R. Publishing Corporation (India) Ltd.
(1998).
6. Guttina Leela (Ed.) and V.C. Vivekanandan (Series Ed.), International Treaties and
Conventions on IPR, Module IV, NALSAR Proximate Education, NALSAR University of
Hyderabad.
7. Srividhya Raghavan (Ed.) and V.C. Vivekanandan (Series Ed.), The American and European
Patent System, Module III, NALSAR Proximate Education, NALSAR University of
Hyderabad.
8. G.S. Srividhya (Ed.) and V.C. Vivekanandan (Series Ed.), Patenting in India, Module III,
NALSAR Proximate Education, NALSAR University of Hyderabad.
9. Martin J. Adelman, Randall R. Rader, John R. Thomas and Harold C. Wegner, Cases and
Materials on Patent Law, American Case Book Series, West Group, St. Paul, Minnesota
(1998).
10. Carlos M. Correa and Abdulqawi A. Yusuf (Eds.), Intellectual Property and International
Trade: The TRIPs Agreement, Kluwer Law International, London (1998).
11. Feroz Ali Khader, The Touchstone Effect: The Impact of Pre-Grant Opposition on Patents,
Lexis Nexis, 2009.
12. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
 III – SEMESTER Annexure-3

Two Years LL.M Syllabus 2022-23

INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER : III - LAW OF TRADE MARKS

Objectives:
Trademarks are recognized as a form of industrial property because trademarks make the
goods of manufacturer or trade known to the public and thereby enable them to secure profits
through the reputation gained by the mark. Therefore trademarking and branding of goods and
services occupy an important and prominent place in modern marketing system in which each
and every goods and services is sold under their brand name or trademark. Protection of a
trademark is necessary not only for an honest trader but also for the benefit of the purchasing
public against imposition and fraud. Hence, it is essential for students to equip them to
effectively serve the different interest involved in their professional capacity.

UNIT: I –Indian and international history of trade marks law, meaning and definition of mark
and trademark, functions of a trade mark and different kinds of trademarks: Conventional and
non-conventional trademarks, Service Marks, Collective Marks, Certification Marks, Well
Known Trademarks; Distinctiveness- Inherent and acquired.

UNIT: II –Basic principles underlying the trade mark law in India compared with that of U.K.,
U.S. and E.U. The salient features of the Trade Marks Act, 1999.
Deceptive similarity, difference between similarity of marks, near resemblance and deceptive
similarity of marks, and their effects on trademark protection.

UNIT: III – Registrable and non-registrable marks, registration of marks: procedure for the
registration of trade mark, certification marks and collective marks; opposition to registration,
grounds for opposition; concurrent registration; effect of registration; rectification of register.
Transfer of trade mark- assignment, transmission and licenses and registered users.

UNIT: IV – Powers and functions of Registrar, powers of Central Government, constitution and
composition of Appellate Board, powers and functions of Appellate Board; infringement of trade
mark- action for infringement, Goodwill and passing off action; distinction between
infringement and passing off, offences and penalties, remedies for infringement, threat of legal
proceedings and trade libel.

UNIT: V –Salient features of international legal instruments on trademarks law: Paris

Convention for the Protection of Industrial Property, 1883 (Relevant provisions); TRIPs
Agreement, 1994 (Relevant provisions); Madrid Agreement Concerning the International
Registration of Marks, 1891 and Protocol Relating to Madrid Agreement Concerning the
International Registration of Marks, 1989; Trade Mark Treaty (TLT), 1994; Nice Agreement
Concerning the International Classification of Goods and Services for the Purposes of the
Registration of Marks, 1957; Role of international institutions in implementation and
harmonisation of trade mark legal system such as WIPO and WTO.
Prescribed Books

1. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
2. Christopher Wadlow, The Law of Passing Off: Unfair Competition by Misrepresentation,
Sweet and Maxwell, 2011.
3. P. Narayanan, Law of Trade Marks and Passing Off, Eastern Law House, New Delhi and
Kolkota.
4. A. K. Bansal, Law of Trademark in India, Thomson & Reuter, 2014.

Reference Books:

1. Alan S. Gutterman and Bentley J. Anderson, Intellectual Property in Global Markets, Kluwer
Law International, London, The Hague, Boston (1997)
2. William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks
and Allied Rights, Sweet and Maxwell, London (2003).
3. Hilary E. Pearson and Clifford G. Miller, Commercial Exploitation of Intellectual Property,
Universal Law Publishing Co. Pvt. Ltd., Delhi (1997).
4. L. Bently and B. Sherman, Intellectual Property Law, Oxford University Press, Oxford.
5. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
6. T.A. Blanco White and Robin Jacob, Patents, Trade Marks, Copyright and Industrial Designs,
Sweet and Maxwell, London and N.M. Tripathi Private Ltd., Mumbai.
7. T.A. Blanco White and Robin Jacob, Kerly‟s Law of Trade Marks and Trade Names, Sweet
and Maxwell, London and N.M. Tripathi Private Ltd., Mumbai.
8. Department of Business Laws, NLSIU, Bangalore, International Legal Instruments of
Intellectual Property Rights Law, Vols. I&II.
9. Ashok Soni, A Complete Reference of Intellectual Property Laws, Vols. 1&2.
10. Elizabeth Verky, Intellectual Property, Eastern Book Publication Co., Nagpur.
11. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
12. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book
Company, 2nd edn., 2014.
13. Lionel Bently& Brad Sherman, Intellectual Property Law, Oxford University Press, 3rdedn.,
2008.
14. Ranabhir Singh, Law Relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
15. K C Kailasam and RamuVedaraman, Law of Trademarks including International
Registration under Madrid Protocol and Geographical Indications, Lexis Nexis, 2013
 Annexure-4
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER IV : LAW OF COPYRIGHTS

Objectives:
Copyright is a non-industrial property which came to the fore to protect the creator from
unauthorised reproduction of the work. With the advent of technology, new forms of copyright
and allied rights have emerged and the legislations of India in particular and world in general
have undergone many changes to extend protection to the copyright holder from unauthorised
use of the same especially in the context of technological revolution. In order to understand the
subject matter in which copyright protection subsists, students are required to study the legal
regimes of copyrights and allied rights to the fullest and deepest level to be professionally
relevant in contemporary society.

UNIT: I – Indian and international history of Copyright law, meaning and nature of copyright;
Basic concepts of copyrights; subject matter of copyright; the meaning of literary, dramatic,
musical, artistic works and cinematograph films and sound recording.
UNIT: II –Basic principles underlying the copyright law in India compared with that of U.K.,
U.S. and E.U. The salient features of the Indian Copyright Act, 1957 as amended up-to- date.
Authorship and ownership of copyright; rights conferred by Copyright; work of joint authorship;
term of copyright.

UNIT: III – Transfer of copyrights- Assignment, Transmission and licenses; relinquishment of

Copyright. Neighbouring rights: Performer‟s Rights and Rights of Broadcasting Organisations.
Copyright Societies; Copyright Board.

UNIT: IV –Infringement of Copyright: infringement of copyright in different works; Remedies:

Civil (Injunctions- Anton Piller, Mareva, John Doe Orders), Administrative and criminal; threat
of legal proceedings and slander of title; Appeals.
UNIT: V –Salient features of international legal instruments on copyright and related rights:
Berne Convention for the Protection of Literary and Artistic Works, 1886; Universal Copyright
Convention (UCC), 1954; TRIPs Agreement,1994, Rome Convention: International Convention
for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations,
1961; WIPO Copyright Treaty, 1996; WIPO Performances and Phonogram Treaty, 1996.

Prescribed Books:
1. William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks
and Allied Rights, Sweet and Maxwell, London (2003).
2. P. Narayanan, Copyright and Industrial Design, 3rdEdn., Eastern Law House, New Delhi and
Kolkata (2002).
3. L. Bently and B. Sherman, Intellectual Property Law, Oxford University Press, Oxford.
4. Melville B. Nimmer and Paul Edward Geller, International Copyright Law and Practice,
Mathew Bender & Co., (1998).
5. Sam Ricketson, The Berne Convention for the Protection of Literary and Artistic Works:
1886-1986, Kluwer London (1987).
6. E.P. Skone James et al, Copinger and Skone James on Copyright, 13thedn., Sweet and
Maxwell Limited, London (1991).
7. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
Reference Books:

1. Department of Business Laws, NLSIU, Bangalore, International Legal Instruments of

intellectual Property Rights Law, Vols. I & II.

2. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,

Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).

3. Elizabeth Verky, Intellectual Property, Eastern Book Publication Co., Nagpur.

4. Mira Sundara Rajan, Moral Rights: Principles, Practice, and New Technology, Oxford

University Press, 2011.

5. Robert A Gorman, Jane C. Ginsburg, Copyright Cases and Materials, Foundation Press, 2011.

6. Paul Goldstein International Copyright: Principles, Law, and Practice, Oxford University

Press, 2012.

7. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book

Company, 2nd edn., 2014.

8. Ashok Soni, A Complete Reference to Intellectual Property Laws, Vols. 1&2.

9. Lionel Bently& Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd edn.,

2008.

10. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
 Annexure-5
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER V: LAW OF DESIGNS, INTEGRATED CIRCUITS, GEOGRAPHICAL INDICATIONS

AND CONFIDENTIAL INFORMATION
Objectives:
Designs, integrated circuits, geographical indications and confidential information are
modern concepts. All these four types of industrial properties have their own significance in the
field of intellectual property. While designs are used in attracting the customers; integrated
circuits are required to distinguish one company from another in devising and integrating the
machines and apparatus; geographical indications indicate the prominence of the products which
carry the essence of the climatic conditions of the particular region or geographical area; and
confidential information meant for protecting the interest of the manufacturer/employer from
disclosure of their trade secrets. In modern days legal framework has been devised to govern and
regulate these types of IPRs at national and international level. Students are required to acquaint
themselves by studying the national and international legal regimes governing the designs,
integrated circuits, geographical indications, and confidential information in a detailed manner.

UNIT: I –Indian and international history of designs, integrated circuits, geographical

indications and confidential information, significance of these concepts in modern times of
socio-economic, technological and industrial growth; interface between designs, integrated
circuits, geographical indications and confidential information.

UNIT: II – Basic principles of Designs, the salient features of the Designs Act, 2000,
Registrable and Non-registrable designs, procedure for registration, rights of holder, design
piracy, remedies.

UNIT: III - Basic principles of GI, The Geographical Indications of Goods (Registration And
Protection) Act, 1999- salient features, Background of the enactment, meaning and definitions of
geographical indications, registered proprietor, authorised user, deceptively similar, and
producer; procedure and duration of registration, effect of registration, rectification and
correction of register; infringement and remedies: civil and criminal.

UNIT: IV- Confidential Information and Trade Secrets: Meaning and nature of confidential
information and Trade Secrets, difference between trade secret and confidential information,
Nature of trade secrets, Modes of protection of trade secrets- legislative measures, Technology
Transfer Agreements, non-disclosure agreements.
Semiconductor Integrated Circuits Layout Designs Act, 2000- Salient features of the Act,
Conditions and Procedure for Registration, Duration and Effect of Registration, Assignment and
Transmission.

UNIT: V –Salient features of international legal instruments: Paris Convention for the Protection
of Industrial Property, 1883, TRIPs Agreement, Hague Industrial Design Treaty, 1995; Hague
Agreement Concerning the International Deposit of Industrial Designs, 1925; Locarno
Agreement: Locarno Agreement Establishing an International Classification for Industrial
Designs, 1968, Lisbon Agreement for the Protection of Appellations of Origin and their
International Registration, 1958, Madrid Agreement for the Repression of False or Deceptive
Indications of Source on Goods, 1891, Treaty on Intellectual Property in Respect of Integrated
Circuits, 1989.
PrescribedBooks:

1. William Cornish and David Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks
and Allied Rights, Sweet and Maxwell, London (2003).
2. L. Bently and B. Sherman, Intellectual Property Law, Oxford University Press, Oxford.
3. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
4. Andrew Christie, Integrated Circuits and their Contents: International Protection, Sweet and
Maxwell, London (1995).
5. Elizabeth Verky, Intellectual Property, Eastern Book Publication Co., Nagpur.
6. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
7. Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd edn.,
2008.

Reference Books:

1. Hilary E. Pearson and Clifford G. Miller, Commercial Exploitation of Intellectual Property,

Universal Law Publishing Co. Pvt. Ltd., Delhi (1997).
2. Department of Business Laws, NLSIU, Bangalore, International Legal Instruments of
Intellectual Property Rights Law, Vols. I &II.
3. Ashok Soni, A Complete Reference of Intellectual Property Laws, Vols. 1&2.
4. Bibek Debroy (Ed.), Intellectual Property Rights, B.R. Publishing Corporation (India) Ltd.
(1998).
5. R. Anita Rao and V. Bhanoji Rao, Intellectual Property Rights: A Primer, Easter Book
Company, Lucknow (2008).

6. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
 Annexure-6
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER VI : LAW OF INTELLECTUAL PROPERTY AND PLANT VARIETIES

Objectives:
Agriculture, plant breeding and cultivation were based on community and traditional
practice in olden days. Due the introduction of modern technology and privatisation and
monopolisation, agriculture, plant breeding and cultivation activities have undergone tremendous
change in modern days. Introduction of IPR to these sectors transformed the tradition of free
distribution of seeds into controlled cultivation and gradually led to the evolution of system of
Plant Breeders‟ Rights (PBRs). India being a signatory to TRIPS Agreement, had to introduce
sui generis form of protection to new plant varieties. While enacting legislation to protect the
plant breeders, rights of the farmers‟ community was also recognised as an explicit part of the
Indian legal system. Therefore, students are required to acquaint themselves with the national
and international legal regimes governing the PBRs to understand the different legal frameworks
and their impact on socio-economic conditions and legal framework of India in particular and
world in general.

UNIT: I – Historical background leading to modern legislations; meaning of seeds, plants,

propagating material and relevant provisions of the Seeds Act, 1966.
Meaning of plant variety, new variety, plant breeder, farmer, cultivator, plant breeders‟ rights
(PBRs), farmers‟ rights; distinction between the PBRs and IPRs (patent), impact PBRs system
on socio-economic growth of the country.

UNIT: II –Basic requirements of plant variety protection in India; The salient features of the
Protection of Plant Varieties and Farmers‟ Rights (PPV&FR) Act, 2001- Conceptual analysis of
New Variety, Essentially Derived Variety (EDV), Farmer Variety and extant variety.

UNIT: III – Conditions or requirements for the registration of a plant variety, registrable and
non-registrable plant varieties, procedure for the registration of different kinds of plant varieties,
opposition proceedings and grounds of opposition, rights available to the plant breeders,
researchers, farmers and communities upon the registration of a variety, term of protection
available for different registered varieties and benefit-sharing; surrender and revocation of
certificate and rectification of register.

UNIT: IV – Transfer of rights or interest: Assignment, Transmission and Licenses, Different

kinds of licenses- voluntary and compulsory; Remedies for infringement of breeders‟ rights,
offenses and penalties; Protection of Plant Varieties and Farmers‟ Right Authority and Registry,
Plant Varieties Protection Appellate Tribunal, Powers of the Central and State Governments
under the PPV&FR Act, 2001.

UNIT: V – Provisions of international legal instruments having a bearing a on plant variety

protection: TRIPs Agreement, 1994, Intergovernmental Convention for the Protection of New
Varieties of Plants (UPOV), International Treaty on Plant Genetic Resources for Food and
Agriculture.
Prescribed Books:

1. Philippe Cullet, Intellectual Property Protection and Sustainable Development, Lexis Nexis,
2005.
2. Elizabeth Verkey, Law of Plant Varieties Protection, Eastern Book Company, 2007.
3. Vandana Shiva, Biopiracy: The Plunder of Nature and Knowledge, South Press, 1997.
4. Vandana Shiva, Protect or Plunder: Understanding Intellectual Property Rights, Zed Books
Ltd., London, 2001.
5. Shiv Sahai Singh (Ed.), “The Law of Intellectual Property Rights” (Deep and Deep
Publications Pvt. Ltd, New Delhi, 2005).
6. Suman Sahai, “Biodiversity Act Falls Short of National Needs” in Kanchi Kohli (Ed.)
Understanding the Biological Diversity Act 2002: A Dossier (Kalpavriksh, GRAIN and IIED
publication, 2006).
7. Watal Jayashree, Intellectual Property Rights in the World Developing Countries (Oxford
University Press, New Delhi, 2001).
8. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.

Reference Books:

1. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
2. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
3. R. R. Hanchinal and Raj Ganesh, Protection of Plant Varieties and Farmers Rights: Law
Practice and Procedure, Eastern Law House(2018).
4. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book
Company, 2nd edn., 2014.
5. Bibek Debroy (Ed.), Intellectual Property Rights, B.R. Publishing Corporation (India) Ltd.
(1998).
6. F.H. Erbisch and K.M. Maredia (Eds.), Intellectual Property Rights in Agricultural
Biotechnology, CAB International, Wallingford, Oxon, UK (1998).
7. Lester Nelson, Digest of Intellectual Property Laws of the World Vols. 1,2,3&4.
8. S. K. Verma& Raman Mitttal (ed.), Intellectual Property Rights a Global Vision, Indian Law
Institute, New Delhi, 2004.
9. Lionel Bently& Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd edn.,
2008.
10. CEERA, A Primer on Biological Diversity and Access and Benefit Sharing (CEERA and
UNDP Publications, 2019). Available at, [Link] wp-content/ uploads
/2019/05/[Link].
11. CEERA, Handbook on Biodiversity Law, Access and Benefit Sharing (CEERA Publications,
2019). Available at, [Link] 2019/05/Handbook-on-
[Link].
 IV SEMESTER
Annexure-7
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS
PAPER VII: LAW OF INTELLECTUAL PROPERTY AND BIODIVERSITY

Objectives:
The laws relating to intellectual property (IP) and biodiversity are recent one. Both the IP
and biodiversity concepts have their own historical roots. While, biodiversity evolved with the
evolution of nature and civilisations, the intellectual property system has been evolved through
statutes to protect the improvements made to the biological resources and grant monopoly rights
to the inventor. To understand and become familiar with the system of IP and biodiversity, the
students are required to study the subject by going through the historical background of both
concepts and national and international laws governing them in a right perspective.

UNIT: I – Conceptual analysis of biodiversity, significance of biodiversity, meaning of „genetic

material‟, „genetic resources‟, „biological resources‟, and „benefit-sharing‟; reasons for loss of
biodiversity, the importance of technological growth and its impact on socio- economic growth
of the country, impact of IPR on biodiversity conservation.

UNIT: II –Salient features of international legal instruments governing the biodiversity: The
International Plant Protection Convention, 1951, Declaration on the Permanent Sovereignty over
Natural Resources, 1962, International Treaty on Plant Genetic Resources for Food and
Agriculture (ITPGRFA), 2001, the Convention on Biological Diversity (CBD), 1992, the
Cartagena Protocol on Bio-safety to the Convention on Biological Diversity, the Bonn
Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits arising
out of their utilization; the interrelationship between the CBD and TRIPs Agreement and the
CBD and UPOV.

UNIT: III- Evolution of biodiversity law in India, Objects of the Biological Diversity Act, 2002,
the salient features of the Biological Diversity Act, 2002, interface between the IPRs, PBRs,
Farmers‟ Rights, Indigenous Peoples Rights and Community Rights.

UNIT: IV –Regulation of Access to Biological Diversity: composition, powers, functions and

duties of the National Biodiversity Authority (NBA), State Biodiversity Boards (SBB) and
Biodiversity Management Committees (BMCs);
Prior Approval, Prior Intimation, Prior Approval for making application for obtaining IPR,
Benefit-sharing.

UNIT: V – Powers, functions and duties of the Central and State Governments under the Act;
Offences and Penalties, Appeals; the interrelationship between the Biological Diversity Act,
2002 and the Patents Act, 1970, the protection of Plant Varieties and Farmers‟ Rights Act, 2001
and Geographical Indications of Goods (Protection and Registration) Act 1999.
Prescribed Books:

1. Philippe Cullet, Intellectual Property Protection and Sustainable Development, Lexis Nexis,
2005.
2. Elizabeth Verkey, Intellectual Property Rights, Eastern Book Company, 2007.
3. Vandana Shiva, Biopiracy: The Plunder of Nature and Knowledge, South Press, 1997.
4. Vandana Shiva, Protect or Plunder: Understanding Intellectual Property Rights, Zed Books
Ltd., London, 2001.
5. Shiv Sahai Singh (Ed.), “The Law of Intellectual Property Rights” (Deep and Deep
Publications Pvt. Ltd, New Delhi, 2005).
6. Suman Sahai, “Biodiversity Act Falls Short of National Needs” in Kanchi Kohli (Ed.)
Understanding the Biological Diversity Act 2002: A Dossier (Kalpavriksh, GRAIN and IIED
publication, 2006).
7. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.

Reference Books:

1. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights,
Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
2. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law Publishing
Co. Pvt. Ltd., Delhi.
3. Bibek Debroy (Ed.), Intellectual Property Rights, B.R. Publishing Corporation (India) Ltd.
(1998).
4. F.H. Erbisch and K.M. Maredia (Eds.), Intellectual Property Rights in Agricultural
Biotechnology, CAB International, Wallingford, Oxon, UK (1998).
5. Ashok Soni, A Complete Reference of Intellectual Property Laws, Vols. 1&2.
6. S. K. Verma & Raman Mitttal (ed.), Intellectual Property Rights a Global Vision, Indian Law
Institute, New Delhi, 2004.
7. Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd edn.,
2008.
8. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book
Company, 2nd edn., 2014.
9. Watal Jayashree, Intellectual Property Rights in the World Developing Countries (Oxford
University Press, New Delhi, 2001).
10. CEERA, A Primer on Biological Diversity and Access and Benefit Sharing (CEERA and
UNDP Publications, 2019). Available at, [Link]
content/uploads/2019/05/A-Primer-on-Biological-Diversity-and-Access-and-Benifit-
[Link].
11. CEERA, Handbook on Biodiversity Law, Access and Benefit Sharing (CEERA Publications,
2019). Available at, [Link] content/uploads/2019/05/Handbook - on -
Biodiversity-law-Access-and-Benifit- [Link].
 Annexure-8
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER VIII: LAW OF INTELLECTUAL PROPERTY AND INFORMATION TECHNOLOGY

Objectives:
Protection of intellectual property has an important bearing on the economic
development of the country. The emergence of the global digital electronic communications
network, i.e., Internet and associated digital revolution created a parallel digital world called
cyberspace and enhanced the opportunities for the speedy growth of economy of countries.
While the advancement in information technology has enhanced the ability to access, store, and
transmit vast amounts of information in digital form, instantaneous means of reproduction,
publication and dissemination have enhanced opportunities to violate Intellectual Property
Rights. While the traditional legislations relating to intellectual property rights safeguard the
intellectual property rights within territorial limits of the country, borderless environment created
by the information technology poses new challenges in detecting the infringement and effective
law enforcement in the cyberspace. The response of legal systems to tackle these issues are to be
acquainted with. Hence, the students are required to understand the evolving legal regime
designed to respond to the issues of violation of intellectual property in the digital world
revolutionised by information technology.

UNIT I : History of Internet, evolution of concept of cyberspace, Interface of Technology and

Law, Jurisdiction in Cyber Space and Jurisdiction in traditional sense, Internet Jurisdiction, IPR
related issues in cyberspace, Jurisdictional issues relating to enforcement of IPRs, Need for trans
-border protection of IPRs.

UNIT II: – Meaning of domain name, Domain name registration, Domain Name Disputes:
Cybersquatting, typo-squatting and Meta tagging and Online protection of trademarks under
Trademarks Act, 1999 and passing off Action.

UNIT III: Basic requirements for copyright protection under Copyright Act, 1957; Online
Copyright infringement: Linking, framing, caching, uploading and downloading of copyrighted
material, doctrine of fair use, remedies for infringement under Copyright Act, 1957.
Applicability ofDigital Millennium Copyright Act, 1996.

UNIT IV: The relationship between the IPR and information technology (IT): online piracy of
computer programme, modes of piracy, Legal position of Computer programme position in
Europe, U.S. and India. Available protection under the Copyright Act, 1957, The Patents Act,
1970 and the Information Technology Act, 2000 and amendment till date.
Protection of Databases in Digital World- position in USA, EU and India.

Unit V:WIPO and dispute settlement mechanism, Domain Name Disputes-UDRP and INDRP;
WIPO ADR Mechanism for IPR Issues.
Applicable international instruments- WIPO Copyright Treaty, 1996 and WIPO Performer‟s and
Phonograms Treaty, 1996.
Prescribed Books:
1. Vakul Sharma, Information Technology: Law and Practice (Law & Emerging Technology,

Cyber Law & E-Commerce) (Universal Law Publishing, New Delhi 3rd edn., 2011)

2. Karnika Seth, Computers, Internet and New Technology Laws, Lexisnexis, Nagpur.

3. Gupta and Agarwal, Cyber Laws, PREMIER Publishing Co.

4. Resolving IP and Technology Disputes Through WIPO ADR -Getting back to business,
WIPO Arbitration and Mediation Centre (2016) available at, [Link]
publications/en/[Link]?id=4053

Reference Books :

1. Krishna Kumar (Ed.), Cyber Laws: Intellectual Property and E-Commerce Security, Dominant
Publishers and Distributors, New Delhi.
2. Justice Yatindra Singh, Cyber Laws, Universal Law Publishing Co. Pvt. Ltd., Delhi.
3. Pavan Duggal, Cyber Law: the Indian Perspective, 1stEdn, Saakshar Law Publication, New Delhi.
4. Rodney D. Ryder, Intellectual Property and the Internet, Lexis Nexis Butterworth‟s Wadhwa,
Nagpur (2004) .
5. Cris Reed and John Angel, Computer Law, 5thEdn., Oxford University Press Inc. New York.
6. Drahos P. and J. Braithwaite, Information Fuedalism: Who Owns the Knowledge Economy?
Oxford University Press, New Delhi (2003).
7. Pankaj Jain & Sangeet Rai Pandey, Copyright and Trademark Laws relating to Computers
(Eastern Book Co, New Delhi).
8. Verma S.K. and Raman Mittal, Legal Dimensions of Cyber Space (Indian Law Institute, New
Delhi, 2004).
9. David Lindsay, International Domain Name Laws, Hart Publishing, 2007.
10. N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book
Company, 2nd edn., 2014.
11. Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford University Press, 3rd
edn., 2008.
12. Pavan Duggal, Legal Framework on Electronic Commerce &Intellectual Property Rights,
Universal Publishing House, 2014.
13. R.P. Merges, P.S. Menell, M.A. Lemley and T.M. Jorde, Intellectual Property in the New
Technological Age, Aspen Law and Business, New York (1997).
 Annexure-9
Two Years LL.M Syllabus 2022-23
INTELLECTUAL PROPERTY RIGHTS LAWS

PAPER IX : LAW OF INTELLECTUAL PROPERTY RIGHTS, HUMAN RIGHTS AND

ENVIRONMENT

Objectives:
Intellectual property laws are important in achieving sustainable development, ensuring
human health and protecting the environment. A desire to establish an inherent balance between
the moral and economic rights of inventors and the wider interests and needs of society in terms
of protection of human rights and environment has led to adoption and amendment of laws
relating to intellectual property periodically at national and global levels. The students are
required to understand the nature and gravity of the interrelationship between IPRs, human rights
and environment and also national and international legal instruments and regulatory
mechanisms available in such a legal framework.

UNIT: I – Evolution of human rights; National and international history of laws relating to
human rights and environment related laws and IPR; environment and human rights.

UNIT: II - Relevant provisions of international legal instruments governing human rights and
IPR- the UN Charter, the Universal Declaration of Human Rights,1948, Covenant of Social,
Economic and Cultural Rights, 1976, Declaration on the Right to Development.
Indian aspects of laws relating to human rights: Relevant provisions of The Constitution of
India – Preamble, Fundamental Rights, and other constitutional provisions relating to protection
of human rights. The Protection of Human Rights Act, 1993.

UNIT: III– Stockholm Declaration, 1972, Burndtland Commission Report and Rio Declaration,
1992; Johannesburg Declaration, 2002; Sustainable Development Goals.
Relevant provisions of The Constitution of India to protect the environment. Laws relating to
environment: the Forest (Conservation) Act, 1980, The Environment (Protection) Act, 1986.

UNIT: IV – The interface between the IPR and environment and IPR and human rights affecting
the various interests and human rights as obtaining under the Patents Act, 1970, the Protection of
Plant Varieties and Farmers‟ Rights Act, 2001 and Biological Diversity Act, 2002.

UNIT: V – Balancing provisions mentioned under TRIPs Agreement and Convention on

Biological Diversity, 1992. International institutions governing the human rights and IPR: UNO,
FAO, UNESCO, UNICEF, UN Economic and Social Council, United Nations High
Commissioner for Human Rights; WTO, WIPO, TRIPs Council.
Prescribed Books:

1. Philippe Cullet, Intellectual Property Protection and Sustainable Development, Lexis Nexis,
2005.
2. Elizabeth Verkey, Intellectual Property Rights, Eastern Book Company, 2007.
3. Vandana Shiva, Biopiracy: The Plunder of Nature and Knowledge, South Press, 1997.
4. Vandana Shiva, Protect or Plunder: Understanding Intellectual Property Rights, Zed Books
Ltd., London, 2001.
5. Shiv Sahai Singh (Ed.), “The Law of Intellectual Property Rights” (Deep and Deep
Publications Pvt. Ltd, New Delhi, 2005).
6. Suman Sahai, “Biodiversity Act Falls Short of National Needs” in Kanchi Kohli (Ed.)
Understanding the Biological Diversity Act 2002: A Dossier (Kalpavriksh, GRAIN and IIED
publication, 2006).
7. Upendra Baxi, Inhuman Wrongs and Human Rights: Unconventional Essays, Har-Anand
Publications, New Delhi (1994).
8. M. P. Jain, Indian Constitutional Law, Lexisnexis , Nagpur (2018).
9. Paul Torremans, Intellectual Property And Human Rights, Kluwer Law International, 2008.

Reference Books:

1. Drahos P. and J. Braithwaite, Information Fuedalism: Who owns the Knowledge Economy?
Oxford University Press, New Delhi (2003).
2. Pinstrup-Andersen Per and Rajul Pandya-Lorch, A Vision for Food, Agriculture and the
Environment, the Commonwealth Ministers Reference Book.
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