Law of Intellectual Property
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 9 · LAIITT3N
Unit I — Foundations of Intellectual Property Rights
Concept, Nature, and Characteristics of Intellectual Property · Philosophical and Theoretical Justifications for IPR: Labour Theory, Personality Theory, Utilitarian Theory · Kinds of Intellectual Property · Interface between IPR and Public Interest · Role of IPR in Innovation, Technology Transfer, and Economic Development
Unit II — Law of Patent
Meaning, Nature and Justification of Patent Rights · Criteria for protection of Patent: Novelty, Inventive Step and Industrial Application · Non-Patentable Inventions in India · Overview of Procedure for getting patent protection (at National Level) · Duration and Scope of Patent Protection · Rights and Obligation of Patentee · Assignment and Licensing of Patent · Compulsory licensing and Government Use · Infringement and Remedies
- 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 III — Law of Copyright and Neighboring Rights
Meaning, Concept and Nature · Subject matter of copyright · Criteria for copyright protection: Originality and Fixation · Idea expression dichotomy and merger doctrine · Bundle of rights provided under copyright law · Moral rights · Ownership, Assignment and licensing and Terms of Copyright Protection · Infringement and Remedy · Limitation and Exception of Copyrights · Neighboring Rights: Performers, Broadcasting Organization and Producers of Phonograms · Emerging Issues: Copyright in Digital Environment
- 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 IV — Law of Trademark and Passing Off
Definition and Functions of a Trade Mark · Kind of Trademark: Registered and Unregistered, Product and Services, Conventional and Non-Conventional, Collective Marks, Certification Marks, Well Known Trademarks · Registration Procedure and Ground for Refusal of Registration: Absolute and Relative · Honest and Concurrent users · Rights of Proprietor of Trademark · Assignment and Licensing of Trademark · Infringement and Passing Off · Remedies against Infringement
- 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 — Law on Industrial Designs
Industrial Design: Definition and Criteria for Registration · Procedure for Registration and Duration of Protection · Rights of Proprietor and Limitations · Infringement of Design Rights: Defenses and Remedy · Interface of Designs with Copyright and Trademark
Unit VI — Expanding Horizon of Intellectual Property Rights
Trade Secrets and Confidential Information: Nature, Scope and Enforcement · Geographical Indications (GIs): Meaning, Registration, Protection of Traditional and Regional Goods · Plant Varieties & Farmers’ Rights: Key Features and its Role of Protection in Agricultural Innovation · Semiconductor Integrated Circuits Layout-Design Protection: Key Features and Rights · Traditional Knowledge and Folklore: Need for Protection, Documentation Initiatives and TKDL