IV: Paper-V : Intellectual Property Law

Subject introduction

Intellectual Property Law: This course examines the legal frameworks designed to protect creations of the human intellect, balancing private monopoly rights with public interest. It covers the international protection regime under major treaties like TRIPS and the Paris/Berne Conventions, alongside detailed domestic statutes governing copyright, trademarks, industrial designs, and patentable inventions.

Syllabus

PAPER - V

INTELLECTUAL PROPERTY LAW

• Unit-I: Intellectual Property (Meaning, Nature and Classification, Significance and need of protection of Intellectual Property), Main forms of Intellectual Property (Patents, Trademarks, Industrial designs, Geographical Indications of Goods, Copyright and Neighbouring Rights), New forms of Intellectual Property (Plant Varieties Protection and Biotechnology, GRTK, Layout Designs, Computer Programmes).

• Unit-II: Evolution of International Protection of IPRs - Introduction to the leading International instruments concerning Intellectual Property Rights, General Principles of Protection (The Paris Convention, 1883, The Berne Convention, 1886, The Madrid Agreement, 1891, The Patent Co-operation Treaty, 1970, The World Intellectual Property Organization [WIPO] Conventions, TRIPS Agreement, 1994).

• Unit-III: Copyright: Meaning, Nature, historical evolution and significance, The Copyright Act, 1957 (Salient Features, Idea-Expression Dichotomy, Subject matter of Copyright Protection, Neighbouring rights, Ownership of Copyright, Rights of Authors and owners, Assignment of copyright, Collective management of copyright, infringement of copyright and Criteria, Exceptions to infringement, Authorities under the Act, Remedies for infringement of copyright).

• Unit-IV: Intellectual Property in Trademarks and the rationale of their protection - The Trade Marks Act, 1999 (Definition of Trademarks, Distinction between Trademark and Property Mark, Registration, Passing off, Infringement of Trademark, Criteria of Infringement, Remedies), Concept of Industrial designs - The Designs Act, 2000 (Definition and characteristics of Design, Law in India, Protection and rights of design holders, Copyright in design, Registration, Remedies for infringement).

• Unit-V: Patents - Concept of Patent, Historical overview of the Patent Law in India, The Patents Act, 1970 and its salient features, Patentable Inventions, Kinds of Patents, Procedure for obtaining patent in India and in other countries, Rights and obligations of a patentee, Limitations on patent rights (compulsory licensing, acquisition by government and secrecy directions), Infringement of patent rights and remedies available.

• Suggested Readings:

  1. P. Narayanan: Intellectual Patent Rights, Eastern Law House, 1995.

  2. Roy Chowdhary, Law of Trademark, Copyrights, Patents and Designs, Kamal Law House.

  3. G.B. Reddy, Intellectual Property Rights and the Law, Gogia Law Agency.

  4. John Holyoak and Paul Torremans: Intellectual Property Law.

  5. B.L. Wadhera: Intellectual Property Law, Universal Publishers.

  6. W.R. Cornish: Intellectual Property Law, Universal Publishers.

  7. V.K. Ahuja, Law Relating to Intellectual Property Rights, Lexis Nexis.

  8. Elizabeth Verkey, Intellectual Property Rights, Eastern Book Company.

  9. Elizabeth Verkey, Law of Patents, Eastern Book Company.

Unit-wise notes

Quick Reference

Important Acts and sections

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