Intellectual Property Rights Law and IPR Litigation

Unit 1 — Historical Development of IPR & International Conventions

Basic concept of IPR; The meaning of Intellectual property, Nature, the forms of intellectual property, Introduction to the leading international instruments concerning intellectual property rights: Introduction to Intellectual Property 1. Nature and Concept of Intellectual Property Rights; Paris Convention on the Protection of Industrial Property, 1883, Patent Co-operation treaty, Berne Convention on the Protection of Literary and Artistic Works, 1886; Trade Related Aspects of Intellectual Property Rights (TRIPs), 1994; World Intellectual Property Organisation (WIPO); World Trade Organisation (WTO)

• Concept and meaning of Intellectual Property
• Nature and characteristics of Intellectual Property Rights
• Origin and development of Intellectual Property Rights
• Kinds of Intellectual Property
• Basic International Conventions and International Institutions relating to Intellectual Property
• Paris Convention for the Protection of Industrial Property, 1883
• The Berne Convention, 1886
• Trips Agreement, 1994
• GATT and WTO
• WIPO

Unit 2 — The Patents Act, 1970

Definition of Patent, Inventions (Sec.2j), Patentability Criteria, Invention not patentable (Sec.3 to 5), Application (Sec.6 to 8), Specification (Sec.9 to 10), Opposition (Sec.25), Conditions for grant of patent (Sec.47) Rights of Patents (Sec.47), Patents of Addition (Sec.54 & 55), Surrender & Revocation (Sec. 63 to 66) Compulsory Licenses, infringement

• 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

Unit 3 — The Copyright Act

Historical background and Development of Copyright Law, Subject matter of copyright, Copyright in Computer Programme, Author Special Rights, Right of Broadcasting and performers, Copyright Societies, Ownership, Assignment, Licence, Translation of Copyright, Compulsory Licences, Fair use provisions.

• 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
• Copyright issues in Digital Environment

Unit 4 — Biological Diversity

Convention of Bio-Diversity: Objectives of CBD; Salient features of CBD; International IPR agreements affecting protection of plant varieties, The WTO Doha round of trade negotiations; International Treaty on Plant Genetic Resources ("ITPGR") Biological Diversity Law: Introduction and overview of Biological Diversity; Meaning and scope of Biological Diversity; Biological resources and traditional knowledge; Salient features of Biological Diversity Act; Biological Diversity concerns and issues; Bio piracy; Regulation of access to Biological Diversity; National Biodiversity Authority; Functions and powers of Biodiversity Authority; State Biodiversity Board; Biodiversity Management Committee and its functions Traditional Knowledge- Neem, Haldi & Basmati Rice Cases