Intellectual Property Laws

Unit 1 — Introduction to Intellectual Property - Nature and Concept of Intellectual Property Rights

Paris Convention on the Protection of Industrial Property, 1883 · 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
• Paris Convention for the Protection of Industrial Property, 1883
• The Berne Convention, 1886
• Trips Agreement, 1994
• GATT and WTO
• WIPO

Unit 2 — Trade Marks (Trade Marks Act, 1999) - Definitions and Registration

‘Mark’ Sec. 2(1)(m) · ‘Trade Mark’ Sec. 2(1)(zb) · ‘Well Known Trade Mark’ Sec. 2(1)(zg) · Registered and Unregistered Trade Marks · Procedure forRegistration of Trade Marks (Sec. 18-23) · Absolute Grounds for Refusal of Registration (Sec. 9) · Relative Grounds for Refusal of Registration (Sec. 11) · Prior or Vested Rights (Sec. 12, and Sec. 33-35) · Rectification of Register (Sec.57)

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

Unit 3 — Passing Off, Infringement and Licencing

Difference between Passing Off and Infringement · Passing of Same, Similar or Different Goods · Enlargement of Infringement Protection (Sec. 29) · Exceptions to infringement Action (Sec. 30) · Licencing of Trade Marks(Section 48 to 53) · Permission of Central Government not Required under the present Act · Necessity of Actual Quality Control · Supremacy of LicencingAgreement

• Assignment and Licensing of Trademark
• Infringement and Passing Off
• Remedies and Defences for Infringement and Passing Off

Unit 4 — Patents (The Patent Act, 1970) - Definition of Patent

Principles underlying patent law in India · Patentable and non-Patentable inventions · Procedure to Obtain Patent · Terms of Patent · Register of Patent and Patent Office · Rights and Obligations of patentee · Transfer of Patent Rights, Assignment andLicense

• 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
• Rights of Patentee
• Assignment and Licensing

Unit 5 — Compulsory License

License of Rights and Revocation for non-working · Government use of Invention · Grounds for Revocation of Patent · Surrender of Patents · Specification and Amendment ofSpecification

• Surrender and Revocation

Unit 6 — Copyrights (The Copyrights Act, 1957) - Definition of Copyrights

Subject Matter of Copyrights · Terms of Copyrights · Rights Conferred by Copyrights · Rights of BroadcastingAuthorities

• 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
• Copyrights: Economic and Moral Rights

Unit 7 — Registration of Copyrights

Copyrights Board · International Copyrights · Assignment, Transmission and Relinquishment of Copyrights · License of Copyrights · Infringement of Copyrights and Remedies forInfringement

• Assignment and Licensing 4.9Fair Use Provisions
• Infringement of Copyrights and Remedies

Unit 8 — Industrial Designs (The Designs Act, 2000) - ‘Design’ Sec. 2(d)

‘Original’ Sec. 2(g) · ‘Copyright’ Sec. 2(c) · Copyright in Design (Sec. 11) · Registration of Design (Sec. 3-9) · Cancellation of Design (Sec. 19) · Infringement of Copyright in Designs and Remedies (Sec. 22) · Overlap of Design, Copyright and Trade Marks

Unit 9 — Geographical Indications (Geographical Indications of Goods (Registration and Protection) - ‘Geographical Indication’ Sec. 2(e)

‘Indication’ Sec. 2(g) · ‘Goods’ Sec. 2(f) · ‘Producer’ Sec. 2(k) · Procedure for Registration GI (Sec. 3-8 and Sec. 11-17) · Grounds for Refusal of Registration of GI (Sec. 9) · Duration of Protection and Renewal (Sec. 18-19) · Infringement and Remedies (Sec. 20-23, Sec. 37-54, and Sec. 66-67) · Conflict of GIs and Trade Marks (Sec.25-26)