Intellectual Property Law
Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 6 · TA6C
Unit I — Introduction
Property - tangible and Intangible property - meaning of intellectual property - concept of intellectual property - need to protect intellectual property - protection against unfair competition - various kinds of intellectual property and their difference.
Unit II — Copy Right (Indian Copy Right Act 1957 with
Copy Right (Indian Copy Right Act 1957 with amendments) Definition of copy right - meaning of publication - subject matter of copy right literary, Dramatic & Musical works, Artistic works and cinematography - Author and ownership of copyright - Right conferred by copy right-Term of copy right-Assignment; Transmission and Relinquishment of copy right- Licenses.
- 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
- Powers of the Copyright Board
- Copyright issues in Digital Environment
Unit III — Patent Right (Indian Patents Act 1970 with
Patent Right (Indian Patents Act 1970 with amendments) Definition - Concept of patents - Basic principles underlying patent law in India - Inventions patentable and not patentable. Procedure to obtain patent specifications - opposition -Examination and disposal of application for patent power of the controller. Secrecy of inventions grant and sealing of patents lapse and restoration of patents - Right and obligations of patentee. Working of patents - Revocation and surrender of patents - Licenses - Compulsory License and acquisition of invention by Government. Infringement of patents and the remedies therefore. Patent agents - Loss or destruction of patents.
- 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 IV — Industrial Designs Act,2000 with amendments
Industrial Designs Act,2000 with amendments Introduction - Registrable and Non- registrable design - novelty and originality - publication. Infringement of copyright in a design - civil remedies against piracy defences - Action for groundless threat.
Unit V — Confidential Information.
Confidential Information. Introduction - Principles of law - Employer and employee relationship - Industrial and trade secrets - know how - Remedies.
Unit VI — Trade and Merchandise Marks
Trade and Merchandise Marks a. Rational of Protection of Trade Mark as (a) and aspect of commercial and (b) of Consumer rights. b. Definition - Concepts of Trade Marks. c. Marks registrable and not registrable.- Geographical indications of goods-conditions for registeration-prohibition of registration of certain geographical indications- d. Registration of trade marks - opposition - Disclaimer- Defensive Registration Certification - Duration of registration - Effect of Registration. e. Distinctiveness - Deceptive similarity - concurrent registration - Rectification-Assignment and Transmission - Registered Users. f. Infringement - Action for infringement Remedies - Passing off action - offence and penalties.
- 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 VII — Global Trends
Global Trends Origin and functions of World Trade Organisation (WTO) - Agreement of Trade related Intellectual property rights (TRIPS) - Effects of Trips on Trade mark, patent and copyright law in India.