Intellectual Property Laws
Cochin University of Science and Technology · LL.B. Semester 5 · 20-271-0507
Unit I — Overview of Intellectual Property
Concept of Intellectual Property · its relation vis-à-vis property · Limited Monopoly · rationale of its protection · considerations · social, economic and political dimensions of IP · its role in industrial and other developments · Interface between IP and Competition Law
Unit II — Copyright
History and evolution · standard of ‘originality’ · ‘works’ that are protected · duration of protection · procedure for registration · meaning of copyright · assignment and licensing of rights · infringement · permitted uses of copyrighted works and its significance · remedies against infringement; Neighbouring rights · Performers rights · rights of Broadcasting organisations; International IP norms · Berne Convention · TRIPS · TRIPS Plus
- Evolution of Copyright Law in India
- Nature and scope of Copyright
- Term of Copyright
- Works in which Copyright subsists: Literary Works, Dramatic Works, Musical Works
- Neighbouring Rights: Performers Rights, Rights of Broadcasting Organizations and Rights of the Producers of Phonograms
- Authorship and Ownership of Copyright
- Copyrights: Economic and Moral Rights
- Assignment and Licensing 4.9Fair Use Provisions
- Infringement of Copyrights and Remedies
- Copyright Societies
- Powers of the Copyright Board
- Copyright issues in Digital Environment
Unit III — Patent
History and evolution · meaning of inventions · standards of novelty, inventive step and utility · category of patentable inventions · procedure for registration and duration of protection · rights · assignment and licensing of rights · infringement · permitted uses and its significance · remedies against infringement; International IP norms · Paris Convention · TRIPS · PCT.
- Evolution of Patent law in India
- Patentable and Non-Patentable inventions
- Prerequisites — Novelty, Inventive Step and Industrial Application
- Pre-Grant and Post Grant Opposition
- Grant/Sealing of Patents and Term of Patents
- Rights of Patentee
- Surrender and Revocation
- Assignment and Licensing
- Fair use 2.12Infringement, Remedies and Defences
- Patent Agents
Unit IV — Trademarks
History and evolution · meaning of mark · concept of distinctiveness and deceptive similarity · prohibition of registration of marks–procedure for registration and duration of protection · rights–assignment and licensing of rights–infringement–permitted uses and its significance · remedies against infringement; protection of well-known marks · certification marks · collective marks; remedy of passing off; International IP norms–Paris Convention · TRIPS · Madrid System
- Introduction to Trademarks and their Evolution in India
- Need for protection of Trademarks
- Kinds of Trademarks: Registered and Unregistered, Conventional and Non-conventional
- Absolute grounds
- Relative grounds
- Opposition to Registration
- Rights of Proprietor of Trademark
- Assignment and Licensing of Trademark
- Infringement and Passing Off
- Remedies and Defences for Infringement and Passing Off
Unit V — Others Forms Of IP
Industrial design, geographical indication, new varieties of plants, semiconductor integrated circuits, trade secrets, protection of domain names, traditional knowledge, traditional cultural expressions · their history and evolution · standards of protection · subject matter rights · infringement of rights and its remedies; International IP norms–Paris Convention TRIPS · Hague System