Intellectual Property Rights

Unit I — INTRODUCTION

Basic concept of Intellectual Property · Characteristics and Nature of Intellectual Property right · Justifications for protection of IP · International Conventions and agreements: a. Berne Convention b. Paris Convention c. Madrid Agreement d. TRIPS e. UPOV

• Concept and meaning of Intellectual Property
• Nature and characteristics of Intellectual Property Rights
• Origin and development of Intellectual Property Rights
• Kinds of Intellectual Property
• Economic analysis of Intellectual Property Rights
• Advantages and disadvantages of Intellectual Property Rights
• Basic International Conventions and International Institutions relating to Intellectual Property

Unit II — COPYRIGHT LAW

Orignality, Idea Expression Dichotomy and Subject matter of Copyright · Authorship and Ownership of copyright · Rights of owner a. Economic Rights b. Moral Rights · Neighboring Rights – Broadcast Reproduction Rights and Performers Rights · Fair Dealing and Infringement

• Evolution of Copyright Law in India
• Nature and scope of Copyright
• Works in which Copyright subsists: Literary Works, Dramatic Works, Musical Works
• Authorship and Ownership of Copyright
• Copyrights: Economic and Moral Rights
• Infringement of Copyrights and Remedies

Unit III — PATENT LAW

Essentials of patents · Grant of Patent and term of patent · Rights of patentee · Compulsory licenses and Government use of patent · Infringement

• Evolution of Patent law in India
• Patentable and Non-Patentable inventions
• Prerequisites — Novelty, Inventive Step and Industrial Application
• Rights of Patentee
• Fair use 2.12Infringement, Remedies and Defences

Unit IV — TRADEMARK LAW

Trademark: Conventional and Non-conventional Marks · Concept of distinctiveness · Absolute and relative grounds of refusal · Procedure for registration and Term of protection · Infringement and Passing Off

• Introduction to Trademarks and their Evolution in India
• Kinds of Trademarks: Registered and Unregistered, Conventional and Non-conventional
• Absolute grounds
• Relative grounds
• Infringement and Passing Off

Unit V — DESIGNS, GI AND OTHER FORMS OF IP

1. Designs a. Meaning and essentials of design protection b. Difference between Copyright and Design c. Term of protection · Geographical Indication (GI) a. Meaning of GI, Indication of source and Appellation of Origin b. Need for Protecting GI c. Difference between GI and Trade Marks d. Concept of Authorized user and registered Proprietors · Trade-secret a. Meaning b. Criteria of Protection · Plant Variety Protection and Farmers Right a. Meaning of different varieties of plant, farmer and breeder b. Criteria of protection of plant variety c. Rights of Farmers and Breeders