Intellectual Property Rights

Unit 1 — Understanding Intellectual Property

1. Meaning and Theories for Justification of Intellectual Property · 2. History and Origins of Intellectual Property · 3. Internationalization of IP Protection: Paris Convention for Protection of Industrial Property, Berne Convention for Protection of Literary and Artistic Works, and the TRIPS Agreement · 4. International Agencies for Coordination of IP Protection: WIPO and WTO

• Concept and meaning of Intellectual Property
• Nature and characteristics of Intellectual Property Rights
• Origin and development of Intellectual Property Rights
• 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 2 — Copyright and Neighbouring Rights

1. Understanding Copyright: Meaning of Originality, and the Idea Expression Dichotomy · 2. Understanding Neighbouring Rights: Performers’ Rights and Broadcasting Organizations’ rights under the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961) and the WIPO Performances and Phonograms Treaty · 3. Copyright and Neighbouring Rights under the TRIPS Agreement: Article 9 - 14 · 4. The Indian Copyright Act, 1957: Definitions, Subject matter of Copyright, Authorship and Ownership of Copyright. Registration of Copyright, Term of Copyright, Assignment, Transmission, Licenses (Compulsory, Statutory, and Voluntary) · 5. Copyright Societies and Recognition of International Copyright under the Indian Copyright Act · 6. Economic and Moral Rights Conferred by Copyright, Exceptions to Copyright Protection · 7. Direct and Indirect Infringement of Copyright, Technological Protection Measures and Digital Rights Management, Plagiarism vs Copyright infringement, Remedies against Infringement · 8. Rights of Performers, Phonograms & Broadcasts, Moral Rights of Author

• Evolution of Copyright Law in India
• Nature and scope of Copyright
• Works in which Copyright subsists: Literary Works, Dramatic Works, Musical Works
• Authorship and Ownership of Copyright
• Copyrights: Economic and Moral Rights
• Term of Copyright
• Assignment and Licensing 4.9Fair Use Provisions
• Neighbouring Rights: Performers Rights, Rights of Broadcasting Organizations and Rights of the Producers of Phonograms
• Copyright Societies
• Powers of the Copyright Board
• Infringement of Copyrights and Remedies
• Copyright issues in Digital Environment

Unit 3 — Patents

1. Understanding Patents: Meaning and Eligibility Criteria (Patentable and Non-Patentable Inventions) · 2. TRIPS Agreement on Patents: Article 27 - 34, · 3. Convention Application, PCT International Application, and Budapest Treaty · 4. The Patents Act, 1970: Procedure for Grant of a Patent, Pre and Post grant opposition, term of patent, Patent of Addition · 5. Rights and Obligation of Patentee, Revocation and surrender of Patent. · 6. Assignments and Licensing of Patents including Compulsory Licenses, Governmental Use of Patents · 7. Infringement of Patent & Remedies · 8. Controller of Patents, Patent Agents

• 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
• Patent Agents

Unit 4 — Trademarks

1. Understanding Trademark: Meaning and Eligibility Criteria · 2. TRIPS Agreement on Trademark: Article 15 - 21 · 3. Madrid Agreement Concerning the International Registration of Trademark and Nice Classification · 4. Trademarks Act 1999: Absolute and Relative Grounds of Refusal, Procedure of Registration, Duration, Renewal, Removal & Restoration of Trademark · 5. Non-conventional trademarks, Protection of Domain Names · 6. Effect of Registration, Infringement & Passing-off, Exceptions and Remedies · 7. Parallel Importation · 8. Licenses, Assignment and Transmission

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

Unit 5 — Industrial Designs

1. Understanding Industrial Designs: Meaning and Eligibility Criteria · 2. TRIPS Agreement on Industrial Designs: Articles 25 and 26 · 3. Hague Agreement Concerning International Registration of Industrial Designs · 4. The Designs Act 2000: Registration of Designs, Procedure of Registration, Term of Designs · 5. Restoration & Cancellation of Registered Registration · 6. Rights of Design Holders, Piracy of Registered Designs & Remedies

Unit 6 — Geographical Indications

1. Understanding GI: Meaning, Definition, and Eligibility Criteria · 2. TRIPS Agreement on GI: Article 22 - 24 · 3. Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 1958 · 4. Distinction between Geographical Indications and Trademarks · 5. Registration of GI, Effect of Registration, Rights and Remedies

Unit 7 — Protection of other Types of Intellectual Property Rights

1. Layout Designs/Topographies Integrated Circuits · 2. Protection of Plant Varieties and Farmers’ Rights · 3. Protection of Confidential Information & Trade Secrets · 4. Protection of Traditional Knowledge and Biodiversity