Intellectual Property Law

Semester VI
Faculty: Ms. Arathi Ashok

Introduction to the course

From time immemorial man has always tried to protect his property. The basic reason for this is
that he always depended on his property for the sustenance of his life. With the evolution of time
more and more kinds of property started develop and men started to recognize it for his better
living. One such is the development of the category called intellectual property (IP) and law
recognizing and regulating the same.
Intellectual property law regulates the creation, use and exploitation of mental or creative labour.
This term has been in use for hundreds of years and initially used to refer to the general areas of
law encompassing copyrights, patents and trademarks. With passage of time more and more
independent categories of rights came to be recognized under this head which mainly includes
designs, GI, protection of semi-conductor chips, etc. The subject matter of all these categories is
products of mental labour and is protected by State conferred limited monopoly rights.
With the market becoming more competitive and complex the commanding capacity of this kind
of property has also increased. In todays world IP is considered as one of the most valuable asset
held by any individual or company and hence its protection is of much significance. The
objective of this course is to see what are the rights conferred on the owners of these property
and how they exercise these rights, to protect their economic interest, and how it is restricted by
the State, to protect the interest of the larger public.
Total Number of Lectures 70
Pattern of Evaluation
Attendance

05

Snap Test

10 (5+5)

Mid Semester Examination

20

End Semester Examination

40

Project

25 (submission 15 + viva 10)

Syllabus
Module I Introduction (No. of lectures -10)
1.
2.
3.
4.

Meaning of property
Is IP a property
Justifications for protection of IP
Major forms of IP
i.
Copyright
ii.
Patent
iii.
Trade Marks
iv. Designs
v. Geographic indication
vi.
Semi conductors
vii.
Plant varieties
5. Major international documents relating to the protection of IP
i.
Berne Convention
ii.
Paris Convention
iii.
TRIPS
6. Major international organizations dealing with IP
i.
WIPO
ii.
UNESCO
iii.
WTO
iv. WHO
v. FAO
Module II Copyright (No. of lectures 15)
1. Meaning and historical development of copyright

2. Subject matter
i.
Original literary, dramatic, musical, artistic works
ii.
Cinematograph films
iii.
Sound recordings
3. Ownership of copyright
4. Term of copyright
5. Rights of owner
i.
Economic Rights
ii.
Moral Rights
6. Assignment and licence (including compulsory licence)of rights
7. Performers rights
8. Rights of broadcasting organisation
9. Infringement of copyright
10. Exceptions of infringement
11. Remedies
i.
Civil

ii.
Criminal
iii.
Administrative
12. Registration
13. Copyright Board

Module III Patents (No. of lectures 15)

1. Meaning and historical development
2. Criteria for obtaining patents
i.
Novelty
ii.
Inventive step
iii.
Utility
3. Non patentable inventions
4. Procedure for registration
i.
Application
ii.
Specification
iii.
Publication
iv. Examination
v. Opposition
vi.
Grant of patent
5. Term of patent
6. Rights of patentee
7. Compulsory licence
8. Revocation
9. Government use of patent
10. Infringement of patents
11. Exceptions to infringement
12. Remedies
13. Patent office and Appellate Board
Module IV Trade Marks (No. of lectures 15)
1. Meaning and historical development of marks
2. Functions of marks
i.
Commercial aspect
ii.
Consumer aspect
3. Concept of distinctiveness
4. Absolute grounds of refusal
5. Relative grounds for registration
6. Doctrine of honest concurrent user
7. Procedure for registration
i.
Application
ii.
Advertisement
iii.
Opposition
iv. Registration
8. Term of mark

9. Rights of holder
10. Assignment and licensing of marks
11. Infringement
12. Passing Off
13. Trade Marks Registry and Appellate Board
Module V Designs, GI and other forms of IP (No. of lectures 15)
Designs (No. of lectures 5)
1.
2.
3.
4.
5.
6.
7.

Meaning and evolution of design protection

Concept of novel
Concept of original
Registration
Term of protection
Rights of holder
Unregistered designs

Geographical Indication (No. of lectures 5)

1.
2.
3.
4.
5.

Meaning and evolution of GI

Difference between GI and Trade Marks
Registration
Rights
Authorised user

Other Forms (No. of lectures 5)

1. Protection of plant varieties
i.
Novel, Distinct, uniform, stable
ii.
Registration
iii.
Rights
2. Protection of Semiconductor circuits
i.
Meaning of layout design
ii.
Registration
iii.
Prohibition against registration
iv. Term and rights
3. Confidential information

Reference
Statutes
The Copyright Act, 1957
The Patent Act, 1970

The Trade Marks Act, 1999

The Designs Act, 2000
The Geographical Indication of Goods Act, 1999
The Protection of Plant Varieties and Farmers Rights Act, 2001
The Semiconductor Integrated Circuits Layout Design Act,2000
Books
W.R.Cornish & D. Llewelyn , Intellectual Property: Patents, Copyrights, Trade Marksand Allied
rights, Sweet & Maxwell.
Lionel Bently & Brad Sherman, Intellectual Property Law, Oxford.
P. Narayanan, Intellectual Property Law, Eastern Law House
B.L. Wadehra, Law relating to Intellectual Property, Universal Law Publishing Co.