LL.M.

Intellectual Property Law- II

(Law of Patents and Trademarks)

Course Introduction:
Intellectual property rights (IPRs) impact business and industries as well as our
everyday lives in many regards. Business and industries need protection for their
inventions and brands, for their motion pictures, computer programs, musical and
entertainment products. In our everyday lives we come in contact with IP when we
download music or other data from the Internet, when we make copies in a library or
when we quote from books etc. IP laws are national laws; their effects are restricted to
the territory of the country that has enacted the respective laws. On the other hand,
intellectual property is international; it does not know any national borders. This
raises the question how an IP-owner will be protected in foreign countries. Such
protection is achieved by international conventions and treaties. According to such
conventions and treaties the member states take the obligation to protect the nationals
of other member states.
The course will deal with this system of international conventions and treaties in the
field of patents and trademarks. Finally we will deal with the national and
international enforcement of patents and trademarks rights. We will also have an eye
to how international IP intersects with national IP protection. The international
institutions administering the international IP conventions and treaties will form part
of the course. This course will introduce students to the world of patents and
trademarks laws. It aims at making the students familiar with the system of the patents
and trademarks conventions and treaties, how they work and how they are applied.
After this course the student should be able to work with national and international IP
cases and to apply IP law to facts.

Objectives of the course: The purpose of this course is to help students:

1. To acquaint the students with basics of intellectual property rights with special
reference to Indian Laws and its practices.
2. To compare and contrast the different forms of intellectual property protection
in terms of their key differences and similarities.

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 3. To provide an overview of the statutory, procedural, and case law underlining
these processes and their interplay with litigation.
4. To encourage and protect innovation in the form of intellectual property
rights.
5. To provide a superior environment to students for commercialization of
intellectual property.
6. To encourage research, scholarship, and a spirit of generating new knowledge.

Teaching Methodology:
a. Class room discussion and debate
b. Assignment of problems and group discussion
c. Hypothetical problems and application of law or integrating theory and
practice
d. Case law method
e. Synthesis of multiple subjects to establish relations between/among the
subjects or provisions therein.
f. Use of modern technology in the classroom like PPT etc.

Text Books for Patent:

1. Feroz Ali Khader, The Law of Patents-With a Special Focus on

Pharmaceuticals in India, LexisNexis, 2nd Edition, 2011
2. Elizabeth Verkey, Law of Patents, Eastern Book Company, 2nd Edition,
2012

References:

1. Richard Miller, Guy Burkill, Hon Judge Birss, Douglas Campbell, Terrell
on the Law of Patents, Sweet and Maxwell, 2010
2. Feroz Ali Khader, The Touchstone Effect:The Impact Of Pre-Grant
Opposition On Patents, Lexis Nexis, 2009
3. Donald S Chisum, Chisum on Patents (17 Volumes), Lexis Nexis, 2012
4. Janice M. Mueller, Patent Law, Wolters Kluwer, 2013
5. Martin J. Adelman et al., Patent Law in a Nutshell, West, 2013
6. Amy L. Landers, Understanding Patent Law, Lexis Nexis, 2012.
7. Ananth Padmanabhan, Intellectual Property Rights Infringement and
Remedies, Lexis Nexis, 2012

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Text Books for Trademark:

1. K C Kailasam and Ramu Vedaraman, Law of Trademarks including

International Registration under Madrid Protocol and Geographical
Indications, Lexis Nexis, 2013
2. A. K. Bansal, Law of Trademark in India, Thomson & Reuter, 2014

References:

1. David T Keeling, David Llewelyn, Kerley’s law of Trade Marks and Trade
Names, Sweet and Maxwell, 15th Edition , 2014.
2. Narayanan, Trade Marks and Passing Off, Eastern Law House, 2004
3. Ananth Padmanabhan, Intellectual Property Rights Infringement and
Remedies, Lexis Nexis, 2012
4. Christopher Wadlow, The Law of Passing Off: Unfair Competition by
Misrepresentation, Sweet and Maxwell, 2011.
5. David Lindsay, International Domain Name Laws, Hart Publishing, 2007.

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 LL.M. SYLLABUS
Intellectual Property Law- II
(Law of Patents and Trademarks)

UNIT – I

Introduction of patent law

1. Evolution of Patent law in India

2. Meaning and types of patent
3. International Conventions and Treaties on Patents
a. Paris Convention
b. TRIPS
c. Budapest Treaty
d. PCT

UNIT – II
Patents prosecution
1. Patentable and Non Patentable Inventions
2. Patent grant and patent right
3. Pre-Grant and Post Grant Opposition
4. Surrender and Revocation of patents
5. Licencing of patent – Voluntary & Non –Voluntary
6. Parallel Imports
7. Infringements & Remedies

UNIT-III

Introduction of Trademark law

1. Concept and meaning of trademark

2. Evolution of Trademark in India
3. International Conventions and Treaties
a. Paris Convention
b. Madrid Agreement and Protocol
c. NICE Agreement
d. Trademark Law Treaty
e. Singapore Law Treaty
f. TRIPS
4. Kinds of Trademarks
a. Registered and Unregistered Trademarks,
b. Service Mark,
c. Collective Marks,
d. Certification Marks,

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 e. Well Known Trademarks

UNIT-IV

Trademark

1. Absolute and Relative Grounds for Refusal of Registration

2. Concept of Deceptive Similarity and its Applicability in Registration
3. Rights of Proprietor
4. Assignment and Licensing of Trademark
5. Infringement
6. Passing off action
7. Offences and Remedies

UNIT-V

Emerging Issues

1. Patents & Computer Programs

2. Bio-Informatics and patents
3. Patent and Right to health
4. Trade dress
5. Trademark on sound and smell

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