INTELLECTUAL PROPERTY LAW
Rashtrasant Tukadoji Maharaj Nagpur University · LL.B. Semester 5 · 5.3
Unit I — UNIT-I
Meaning, Nature, Classification and protection of Intellectual Property · The main forms of Intellectual Property — Copyright, Trademarks, Patents, Designs, Geographical Indications, Plant Varieties, Traditional Knowledge.
Unit II — UNIT –II
Introduction to the leading International instruments concerning Intellectual Property Rights The Berne Convention ; Universal Copyright Convention; The Paris Union; Patent Cooperation Treaty · The World Intellectual Property Organization (WIPO) · International Trade Agreements concerning IPR — WTO — TRIPS.
Unit III — UNIT -III
The Copy Right Act, 1957 · Historical evolution · Meaning of copyright — Copyright in literary, dramatic and musical works, computer programmes and cinematograph films · Neighboring rights —Rights of performers and broadcasters, etc. · Registration of Copyright ; Term of Copyright; · Ownership and Assignment of copyright — Author's special rights · Notion of infringement —Criteria of infringement — Infringement of copyright in films, literary and dramatic works · Authorities under the Act — Remedies for infringement of copyright · Rome Convention,1961; WIPO Copyright Treaty dealing with protection of Digital Technology and the Internet (Protection of right of authors in the digital environment).
- 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
- Term of Copyright
- Authorship and Ownership of Copyright
- Copyrights: Economic and Moral Rights
- Assignment and Licensing 4.9Fair Use Provisions
- Infringement of Copyrights and Remedies
- Powers of the Copyright Board
- Copyright issues in Digital Environment
- Copyright Societies
Unit IV — UNIT –IV
Intellectual Property in Trademarks and the rationale of their protection · The Trade Marks Act, 1999— Definition of Trademarks — Service Mark, Well known Trade Mark& Certification Marks; Distinction between Trademark and Property Mark - Registration — Passing off- Infringement of Trademark — Criteria of Infringement — Remedies – Madrid Agreement. · The Designs Act, 2000 — Definition and characteristics of Design Law in India — Protection and rights of design holders — Copyright in design — Registration — Remedies for infringement. Trademark and Domain Name Interface
- Need for protection of Trademarks
- 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
- Rights of Proprietor of Trademark
- Assignment and Licensing of Trademark
- Infringement and Passing Off
- Remedies and Defences for Infringement and Passing Off
Unit V — UNIT –V
Patents · Concept of Patent ; Historical overview of the Patents Law in India — Patentable Inventions · Kinds of Patents · Procedure for obtaining patent · The Patents Act, 1970: Recent amendments · Rights and obligations of a patentee · Term of patent protection · Use and exercise of rights · Exclusive Marketing Rights · Right to Secrecy · The notion of abuse‘ of patent rights · Infringement of patent rights and remedies available.
- 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
- Assignment and Licensing
- Surrender and Revocation
- Fair use 2.12Infringement, Remedies and Defences
Unit VI — UNIT - VI
Page Geographical indication · Plant varieties · Traditional knowledge. · Bio piracy, · Patentability of Biotechnology and micro- organisms · Lisbon Agreement for the Protection of Appellations of Origin and their International Registration.