Intellectual Property Rights-I
Dr. Ram Manohar Lohia National Law University · LL.B. Semester 7
Unit I — Introduction to Intellectual Property Rights (07 Class Hours)
Concept and Kinds of IPRs. · Historical development and importance of IP in present context. · Jeremy Philips in Preface to first edition of Introduction to Intellectual Property Law, Jeremy Phillips and Alison · Forth, Oxford University Press, 4™ Ed. (2006). · Rationale for Intellectual Property protection. · Major International Legal Instruments on IPR- Role and Importance.
- 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
- 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 II — Trademarks Law (15 Class Hours)
Definition, Kinds and Use of Trademark. · Concept of distinctiveness and deceptive similarity. · Registration of Trademark. · Infringement and passing off. · Domain name disputes, ad-words and metatags.
- 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
- Infringement and Passing Off
- Remedies and Defences for Infringement and Passing Off
Unit III — The Copyright Law (15 Class Hours)
Meaning and subject matter of copyright · Threshold for Copyright protection. · Economic rights, neighboring rights, and moral rights. · Ownership of Copyright. · Copyright infringement & Fair Dealings. · Changes brought by the 2012 Amendment Act.
- Evolution of Copyright Law in India
- Nature and scope 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
- Infringement of Copyrights and Remedies
Unit IV — Protection of Geographical Indications (6 Class Hours)
Concept, function and need for protection of GIs. · Gls and Appellation of Origin. · Registration of Gls in India. · Trademarks and Gls interface. · India’s experience with GI protection: Issues and Challenges
Unit V — Transfer of IP and Principle of Exhaustion (7 Class Hours)
Licensing and Assignment of Trademarks. · Assignment and licensing of Copyrights. · Principle of Exhaustion in Indian Context. · Parallel Imports and Indian IP Law.