OPTIONAL-III: INTELLECTUAL PROPERTY RIGHTS-I
Karnataka State Law University · LL.B. Semester 5 · Course-II
Unit 1
Introductory Aspects: Overview of the concept of property; Industrial property and non-industrial property; Historical background of IPR; Importance of human creativity in present scenario; Different forms of IP and its conceptual analysis. · Patents: Introduction and overview of patent protection; History of Patent protections; What is patent and definition of patent; Object of patent; Scope and salient features of patent; How to obtain patent; Product patent and Process patent; Specification – Provisional and complete specification; Procedure for patent applications; Register of patents and Patent Office; Rights and obligations of patentee; Transfer of Patent Rights; Government use of inventions; Biotech patents and patentability of life forms; Infringement of Patents; Offences and Penalties.
- Concept and meaning of Intellectual Property
- Nature and characteristics of Intellectual Property Rights
- Origin and development of Intellectual Property Rights
- Kinds of Intellectual Property
- Evolution of Patent law in India
- Patentable and Non-Patentable inventions
- Prerequisites — Novelty, Inventive Step and Industrial Application
- Grant/Sealing of Patents and Term of Patents
- Pre-Grant and Post Grant Opposition
- Rights of Patentee
- Assignment and Licensing
- Surrender and Revocation
- Fair use 2.12Infringement, Remedies and Defences
Unit 2
Trade Marks: Introduction and overview of trade mark; Evolution of trade mark law; Object of trade mark; Features of good trade mark; Different forms of trade mark; Trade mark registry and register of trade marks; Property in a trade mark; Registrable and non-registrable marks; Basic principles of registration of trade mark; Deceptive similarity; Assignment and transmission; Rectification of register; Infringement of trade mark; Passing off; Domain name protection and registration; Offences and penalties.
- 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 3
Introduction and overview of Cyber Intellectual Property; Intellectual property and cyberspace; Emergence of cyber crime ; Grant in software patent and Copyright in software; Software piracy; Trade marks issues related to Internet (Domain name); Data protection in cyberspace; E-commerce and E-contract; Salient features of Information Technology Act; IPR provisions in IT Act; Internet policy of Government of India.
Unit 4
Geographical Indications: Introduction and overview of geographical indications; Meaning and scope of geographical indications; Important geographical indications of India and their features; Salient features of the Protection of Geographical Indications Act; Protection of geographical indications; Misleading use of geographical indications; Registration of geographical indications; Right to use geographical indications; Infringement; Remedies against infringement; Role and functions of Registrar of Geographical indication; Conflict between Trade mark and geographical indications.
Unit 5
International Convention and Treaties: Paris Convention: Background; Salient features of Paris Convention; Governing rules of Paris Convention; Patent Cooperation Treaty: Background; Objectives of PCT; Salient features of PCT; Madrid Convention: Salient features; International registration of marks; World Intellectual Property Organisation: Background; Salient features WIPO; Organisation of WIPO.