Law of Trademarks and Design

University of Calcutta · LL.B. Semester 8

Unit 1 — Introduction Trademarks, Evolution of Trademark in India, Justification, International Treaties

Paris Convention, Madrid Agreement and Protocol, NICE Agreement, Trademark Law Treaty, Singapore Law Treaty, TRIPS, Kinds of Trademarks: Registered and Unregistered Trademarks, Conventional & Non-Conventional Trademarks, Service Mark, Collective Marks, Certification Marks, Well Known Trademarks

Unit 2 — Registration of Trademarks

Registration of Trademarks, Pre-requisites, Absolute and Relative Grounds for Refusal of Registration, Concept of Deceptive Similarity and its Applicability in Registration, Procedure for Registration, National and International Registration, Commercial Exploitation of Trademarks and IPAB

Unit 3 — Rights of Proprietor

Rights of Proprietor, Assignment, Licensing and Transmission of Trademark, IPAB, Penalties for infringement, Infringement and Passing off, Infringement, Goodwill and Passing off, Remedies, Trademark Issues in Cyberspace

Unit 4 — Industrial Designs

Industrial Designs, Introduction, Evolution, Justification, International Treaties, Paris Convention, Hague Agreement, Locarno Agreement, TRIPS, Industrial Design Act, 2000, Interface between Design, Copyrights, and Trademarks

Unit 5 — Semiconductor and Layout Designs, Introduction, Evolution, Justification, International Treaties

Washington Treaty, TRIPS, The Semiconductor Integrated Circuits Layout- Designs Act, 2000, Penalties for infringement · The above issues are to be studied with special reference to the Trade Marks Act 1999, Designs Act 2000, and relevant case laws on the subject.