Laws Relating to Intellectual Property Rights

Unit 1

A. Intellectual Property rights: Meaning and scope of Intellectual property rights · B. International and Regional Influence, TRIPS · C. Intellectual Property Rights in India. · D. Foundation of Patent Law, Patents: Meaning and history of Patents, Product Patent and Process Patent, not patentable Inventions, Patent searching process, Ownership Rights and Transfer

• Concept and meaning of Intellectual Property
• Nature and characteristics of Intellectual Property Rights
• Basic International Conventions and International Institutions relating to Intellectual Property
• Trips Agreement, 1994
• Evolution of Patent law in India
• Patentable and Non-Patentable inventions
• Assignment and Licensing

Unit 2

A. Copyright: Introduction to copyright, nature and Objectives of Copyright, Law · B. Copy rights vs. Public Interest, Neighbouring and related Rights, Subject Matter, Ownership and Term of Copyright · C. Economic Rights of Copyright owner, Assignment of Copyright and Licenses · D. Role of Copyright Societies in the Administration of Copyright, Copyright Office, Copyright Board and Registration of Copyright, Infringement of Copyright.

• 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

Unit 3

A. Trade Marks: Meaning and Definition, Functions and Objectives of Trade Marks, Historical Background of Trade Marks in India · B. Certification Trade Mark, Collective Marks and Well known Trade Mark · C. Trade Mark and Property Mark, Trade Mark and Goodwill, Domain Name, Territoriality of Trade Mark

• Introduction to Trademarks and their Evolution in India
• Need for protection of Trademarks
• Kinds of Trademarks: Registered and Unregistered, Conventional and Non-conventional
• Infringement and Passing Off

Unit 4

A. Geographical Indication: Definition and function of Geographical Indication, Rational of protecting geographical Indication, Distinction between Trade Mark and Geographical Indication · B. Historical Background of Law on Geographical Indication in India, Geographical Indication Registry, Condition for registration and effect of Registration, Infringement and Passing off · C. Designs: Meaning of Design, Historical Background of Design Law, Protection of Industrial Design, Introduction to Industrial designs, Registration of designs, Copyright in Registered Design, Piracy of Registered Design and Remedies.

Unit 5

A. Plant Varieties and Farmers ‗Rights: Meaning of Plant varieties, Objectives of the Plant varieties Act, Advantages · B. Farmer‘s Rights, Researcher‘s Rights and Public Interest · C. National Gene Fund and Benefit sharing, Registration, Effect of registration and Benefit sharing · D. Biological Diversity: Meaning of Biodiversity, Objectives of Law on Biological diversity, National Biodiversity Authority, Functions and Powers of National Biodiversity Authority, State Biodiversity Authority,