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To learn, understand and analyse the Laws and Relations relating to Intellectual
Property Rights in India along with the glimpse of International practices.
1. Introduction : Concept of Property vis-à-vis Intellectual Property; Concept of
Property and Theories of Property – An Overview; Theories of Intellectual Property
Rights; Meaning, Relevance, Business Impact, Protection of Intellectual Property;
Intellectual Property as an Instrument of Development; Need for Protecting
Intellectual Property – Policy Consideration – National and International
Perspectives; Competing Rationales for Protection of Intellectual Property Rights;
Intellectual Property Rights as Human Right; Determining Financial Value of
Intellectual Property Rights; Negotiating Payments Terms in Intellectual Property
Transaction; Intellectual Property Rights in the Cyber World.
2. Types of Intellectual Property- Origin and Development- An Overview:
Copyrights; Trademarks; Patents; Designs; Utility Models; Trade Secrets and
Geographical; Indications; Bio-Diversity and IPR.
3. Role of International Institutions : Introduction to the leading International
Instruments concerning Intellectual Property Rights; The Berne Convention;
Universal Copyright Convention; The Paris Convention, Patent Co-operation Treaty;
TRIPS; The World Intellectual Property Organization (WIPO) and the UNESCO.
4. Patents : Introduction to Patent Law; Paris Convention; Patent Cooperation Treaty;
WTO- TRIPS; Harmonisation of CBD and TRIPs.
5. Indian Patent Law : An Overview; Concept of Patent; Product / Process Patents &
Terminology; The Patents Act, 1970; Amendments to the Patents Act; Patentable
Subject Matter, Patentability Criteria; Duration of Patents- Law and Policy
Consideration; Elements of Patentability,- Novelty and Non Obviousness (Inventive
Steps and Industrial Application; Non- Patentable Subject Matter; Procedure for
Filing of Patent Application and types of Applications; Procedure for Opposition;
Revocation of Patents; Ownership and Maintenance of Patents; Assignment and
licensing of Patents; Working of Patents- Compulsory Licensing; Patent AgentQualification
and Registration Procedure.
6. Patent Databases & Patent Information System : Patent Offices in India;
Importance of Patent Information in Business Development; Patent search through
Internet, Patent Databases.
7. Preparation of Patent Documents : Lab Notebooks/Log Books/Record Books;
Methods of Invention Disclosures; Patent Application and its Contents; Writing of
the Patent Document.
8. Process for Examination of Patent Application : Publication of Patent
Applications; Request for Examination; Process for Examination & Prosecution;
Reissue & Re-examination.
9. Patent Infringement : Literal Infringement; Doctrine of Equivalence and Doctrine
of Colourable Variation; Contributory Infringement; Defences to Infringement
including Experimental Use; Inequitable Conduct; Patent Misuse; Legal Aspects (Act,
Rules, and Procedures).
10. Recent Developments in Patent System : Software and Business Method
Patenting in India & other Jurisdiction; Patentable Inventions with Special Reference
to Biotechnology Products entailing Creation of New Forms of Life.
11. Trademarks : Introduction to Trademarks; The rationale of protection of
trademark as (a) an aspect of commercial and (b) of consumer rights; Definition and
concept of Trademarks; Kinds of marks (brand names, logos, signatures, symbols,
well known marks, certification marks and service marks); International Legal
Instruments on Trademarks; Indian Trademarks Law (The Trade and Merchandise
Marks Act, 1958 and Trademarks Act, 1999); Non Registrable Trademarks;
Procedure for Registration of Trademarks; Opposition Procedure; Procedural
Requirements of Protection of Trademarks; Content of the Rights, Exhaustion of
Rights; Assignment/Transmission / Licensing of Trademarks; Infringement of
Trademarks and Right of Goodwill; Passing off Action; Offences and Penalties;
International Conventions- Madrid Protocol; Domain Names – (Domain Names and
Effects of New Technology (Internet); WIPO Internet Domain Name Process).
12. Copyrights : Introduction to Copyright – Conceptual Basis; International Protection
of Copyright and Related rights- An Overview (International Convention/Treaties
on Copyright); Nature of Copyright; Indian Copyright Law; The Copyright Act, 1957
with its amendments; Copyright works; Author & Ownership of Copyright; Rights
Conferred by Copyright; Assignment, Transmission, Licensing of Copyrights;
Neighbouring Rights; Infringement of Copyrights; Remedies & Actions for
Infringement of Copyrights; Copyright Societies, Office, Board, Registration of
Copyrights & Appeals; International Conventions; Copyright pertaining to
Software/Internet and other Digital media; Remedies, especially, possibility of
Anton Pillar Injunctive Relief in India.
13. Industrial Designs : Need for Protection of Industrial Designs; Subject Matter of
Protection and Requirements; What is a Registrable Design; What is not a Design;
Novelty &Originality; Procedure for Registration of Designs; Copyright under
Design; Assignment, Transmission, Licenses; Procedure for Cancellation of Design;
14. Geographical Indications : Geographical Indications – Concept of Appellations of
Origin, Indication of Source and Geographical Indication; International
Conventions/Agreements; The Geographical Indications of Goods (Registration and
Protection) Act, 2000; Procedure for Registration, Duration of Protection and
Renewal; Infringement, Penalties and Remedies.
15. Layout – Designs of Integrated Circuits : The Semiconductor Integrated Circuits
Layout-Design Act, 2000; Conditions and Procedure for Registration; Duration and
Effect of Registration; Assignment and Transmission.
16. The Protection of Plant Varieties and Farmers’ Rights : The Protection of Plant
Varieties and Farmer’s Rights Act, 2001; Protection of Plant Varieties and Farmers’
Rights, Authority and Registry; Registration of Plant Varieties and Essentially
derived variety; Duration, Effect of Registration and Benefit Sharing; Surrender and
revocation of Certificate; Farmers’ Rights; Plant Varieties Protection Appellate
Tribunal; Infringement, Offences, Penalties and Procedure.
17. Protection of Trade Secrets.
18. Key Business Concerns in Commercializing Intellectual Property Rights:
Competition and Confidentiality Issues, Antitrust Laws; Assignment of Intellectual
Property Rights; Technology Transfer Agreements; Intellectual Property Issues in
the Sale of Business; Care & Maintenance of Confidential Information; Legal Auditing
of Intellectual Property; Due Diligence of Intellectual Property Rights in a Corporate
Transaction; Management and Valuation of Intellectual Property.
19. Case Laws, Case Studies and Practical Aspects.