1.

Intellectual Property Law

Subject Name

Subject Code 52 CLAW 214

Subject Credit 4

To conceptually analyze the fundamental aspects of intellectual property

rights (IPR) and their role in the modern world. To examine the
dynamic legal regime of IPR in the contemporary relations among
Summary/Overview nations along with contestation of these rights both at international and
transnational level. To examine adoption of national legislation on IPR
and establishment of government structures to administer such
legislation.
 This course is intended to familiarize students with the concepts of
IPRs and their increasing awareness in the world.
Aims  Emphasis will be both on the origin and development of IPR.
 It attempts to examine the extent and level of protection extended to
IPRs under domestic legislations and international commitments.

Core Learning Outcomes

Learning Outcomes Assessment Criteria
On completion of this unit you To achieve the learning outcome you must demonstrate
should be able to: the ability to:
To analyse the rationale behind protecting intellectual
General Overview of
1 property. To examine major international instruments
Intellectual Property
concerning the IPRs and their evolution.
To study the legal regime for registration and
Unfair Competition &
2 enforcement of trademarks. To understand the concept of
Trademarks
Unfair competition as IPR.

Geographical Indications To examine the national and international response for

3
and Plant Varieties protection of geographical indications and plant varieties.
Copyright and Related
To analyse the concept of copyright in contradistinction
4 Rights in the National and
to other IPRs.
International Regime
To understand the rights associated with designs and
Designs & Integrated
5 integrated circuits and the defences available in cases of
Circuit Layout Design
right infringement.
 To understand the concepts of ‘patentable’ inventions,
‘novelty’, ‘non-obviousness’ and ‘industrial
6 Patents applicability’. To examine the legal regime for patents,
procedures for obtaining patents and remedies for patent
infringement.

Contemporary Intellectual To understand protection mechanism for

7 Property Issues, IPR Microorganisms and examine other emerging and grey
Transaction & Litigation areas of IPR.
The teaching methods will consist of formal lectures, case laws analysis,
Approach to presentations and negotiation exercises. Presentation topics and assignments
Learning will be given to students for the purposes of promoting better understanding
of concepts.
Primacy is given to understanding of provisions of Intellectual Property
Rights through analysis of various international instruments, Indian laws
foreign decisions. Landmark case laws are considered significant in the
Assessment Strategy classroom. Presentations will be student-driven offering the opportunity for
further discussion and clarification of topics that are of special significance.
Students are encouraged to participate in presentations and class room
discussions.
Learning Outcomes Assessed Submission
Description of day/week
Assessment Weight
No Assessment (assignments)
Method* % 1 2 3 4 5 6
Method or length
(exam)
Written 50 mark
1 DSA 20      1
examination (2hrs.)
Class
2 AT 5 2
attendance
Assignments Assignments, Throughout
3 SNAP SNAP 25      the 3
Projects Project course**
Written 100 marks
4 Term End 50      4
Examination (3 hours)
Outline Teaching Schedule
No. of
Session Topic
Sessions
Module 1: General Overview of Intellectual Property
 Introduction.
 History of IPR Protection Theories of IP.
 Rationale behind IP System, Philosophical Aspects of
Intellectual Property Laws, Political economy of Intellectual
Property.
 Patents, Geographical Indication, Biodiversity, biotechnology,
farmers and breeders rights, trade secrets and technology
 transfer.
 Trademark, Copyrights, Industrial Designs Layout Design of
Integrated Circuits.
 Information Technology and IPR, Biotechnology and IPR,
IPR litigation and IPR transaction.
 Introduction to the leading international instruments
concerning intellectual property rights.
 The Berne Convention, Universal Copyright Convention, the
Paris Union.
 TRIPS the World Intellectual Property Rights Organisation
(WIPO) and the UNESCO.
Module 2: Unfair Competition & Trademarks
 The rationale of protection of trademarks as an aspect of
commercial and of Consumer rights.
 Unfair Competition.
 Passing off, Standards of proof in passing off action.
 Infringement and criteria of infringement.
 Definition, concept of trademarks and Registration.
 Distinction between trademark and property mark.
 The doctrine of honest concurrent user.
 The doctrine of deceptive similarity.
 Protection of well-known marks.
 Remedies
Module 3: Geographical Indications and Plant Varieties
 Protection of Geographical Indications.
 Objectives, Justification, International Position.
 Multilateral Treaties, National Level, Indian Position.
 Plant Varieties Protection-Objectives, Justification.
 International Position, Plant Varieties Protection in India
Module 4: Copyright and Related Rights in the National and International Regime
 Historical evolution of the law relating to copyright.
 Copyright in literary, dramatic and musical works.
 Copyright in sound records, cinematograph films and
Copyright in computer programme.
 Ownership of copyright.
 Assignment of copyright.
 Author's special rights.
 Notion of infringement and Criteria of infringement.
 Infringement of copyright by films of literary and dramatic
works, Importation and infringement.
 Fair use doctrine.
 Aspects of copyright justice.
 Remedies, especially, the possibility of Anton pillar injunctive
relief in India.
 Recent Landmark Foreign and Indian cases.
 Module 5: Designs& Integrated Circuit Layout Design
 Designs-Objectives, Rights.
 Assignments, Infringements.
 Defences for Design Infringement
Module 6: Patents
 Concept of patent, Historical view of the patents law in India.
 Patentable inventions with special reference to biotechnology
products entailing
 Creation of new forms of life.
 Process of obtaining a patent: application, examination,
opposition and sealing of
 Patents: general introduction.
 Procedure for filing patents. Patent co-operation treaty.
 Some grounds for opposition.
 The problem of limited locus standi to oppose, specifically in
relation to inventions having potential of ecological and mass
disasters.
 Wrongfully obtaining the invention.
 Prior publication or anticipation.
 Obviousness and the lack of inventive step, insufficient
description.
 Rights and obligations of a patentee, Patents as chose in action.
 Duration of patents: law and policy considerations, Use and
exercise rights.
 Right to secrecy, the notion of "abuse" of patent rights.
 Compulsory licenses, Special Categories.
 Employee Invention: Law and Policy Consideration.
 International Patents, Transfer of Technology, Know-How and
problems of self-reliant development.
 Infringement, Criteria of infringement, Onus of Proof.
 Modes of Infringement: the Doctrine of Colourable Variation.
 Defences in suits of infringement.
 Injunctions and related remedies.
Module 7: Contemporary Intellectual Property Issues, IPR Transaction & Litigation
 Rationale for Intellectual Property Protection of
Microorganisms.
 Moral Issues in Patenting Biotechnological inventions.
 Protection of IPR in Internet.
 Other emerging and grey areas of IPR.
Total Sessions 49
Recommended Resources

Reference Books:
1. Jayashree Watal, Intellectual property rights in the WTO and developing countries, Oxford
University Press, 2001.
 2. Robert Merges, Peter Menell, and Mark Lemley, Intellectual Property in the New
Technological Age, Fifth Edition 2010.
3. Cormish W.R., Cases and Materials on Intellectual Property, 5th Edition (2006), Sweet &
Maxwell London.
4. S.K Verma and Raman Mittal, Intellectual Property Rights a Global Vision, ILI 2004.
5. Gopalakrishnan N.S, Intellectual Property Law, 2008.
6. Timothy, Joshua & Edwin, Properties of Law, Oxford University Press, 2006.
7. Singh Raghbir, Law Relating to Intellectual Property, 2nd Edition, 2008, Vol., I, II, III,
Universal Publishing
8. .Lionel Bentley & Brad Sherman, Intellectual Property Law, 3rd Edition, 2009, Oxford
University Press.

Other books you may refer:

1. Daniel Gerwais Edi, Intellectual Property Trade and Development (Strategies to optimize
Economic Development in a Trips-Plus Era), Oxford University Press, 2007.
2. Philippe Cullet, Intellectual Property Protection and Sustainable Development,
Butterworth’s, 2005.
3. Christopher Arup & William Van Caen gem, Intellectual Property Policy Reform, PEFC,
Edward Elgar UK & USA, 2009.