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Syllabus 1

Mahindra Prabu, Assistant Professor, TNNLS

TAMIL NADU NATIONAL LAW SCHOOL


B.A., LL.B (HONS) DEGREE COURSE, VII SEMESTER

INTELLECTUAL PROPERTY LAW


Course Faculty: Mr. M. Mahindra Prabu

INTRODUCTION:
The term “Intellectual Property Rights” refers to the legal rights granted with the aim of
protecting the creations of an intellect. These rights include Industrial Property Rights (e.g.
patents, industrial designs and trademarks) and Copyright (right of the author or creator) and
Related Rights (rights of the performers, producers and broadcasting organizations). In the
present day knowledge-powered economy, a company’s intangible assets, specifically their
Intellectual Property (IP), are key determining factors of its worth. With IP evolving into a
leading asset class and establishing itself as a key driver of economic growth and enterprise,
knowledge of IP has become a necessity rather an option. Thus, this course aims to study the
existing (copyright, patent, trademark and designs) and emerging (computer software etc.) forms
of intellectual property in terms of Indian law and policy as well as new international demands
and trends.

OBJECTIVES:
 To classify the major forms of intellectual property rights like copyrights, trademarks,
patents, designs, trade secrets and geographical indications.
 To point out the importance of intellectual property to businesses and to examine the
global protection of intellectual property rights through international treaties,
conventions and protocols.
 To explain the laws governing the intellectual property, the philosophical and economic
principles underlying intellectual property.
 To describe the procedures for acquisition & enforcement of intellectual property rights
and to analyse judicial precedents from India and other jurisdictions.
 To evaluate various new forms of intellectual property and to critique the trends and
developments in foreign jurisdictions.
 To identify the intellectual property issues related to public interest in developing
countries and to develop strategies for balancing individual and societal interests.

Unit – I: Introduction to Intellectual Property Rights


Property – Concept of Intellectual Property – Origin & Development – Philosophical
Justification of Intellectual Property Rights – Forms of IPR – International and National
Background – International IP Institutions, Treaties and Conventions – Pre-TRIPS & Post-
TRIPS Scenario – An Overview of WTO Dispute Settlement Body – Constitutional Protection
& Statutory Developments – National IPR Policy – IPR and Non-Human works – IP and
Artificial Intelligence.

Unit – II: Law of Patents & Undisclosed Information


Patents: Scope & Objective – Patentability Requirements – Procedure for Registration of
Patents – Patent Specification – Construction of Claims – PCT Applications – Pre-grant &
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Mahindra Prabu, Assistant Professor, TNNLS

Post-grant Opposition – Patent of Addition – Revocation of Patents – Surrender of Patents –


Patent Assignment & Licenses – Statutory Exceptions and Limitations – Compulsory License –
Infringement, Defences & Remedies – Bio-Tech Patents – Software Patents – Business Method
Patents – Design Patents – Utility Patents – Standard Essential Patents.

Undisclosed Information: Rationale & Subject matter of Confidential Information –


Protection of Trade Secrets – International & National Scenario – Breach of Confidentiality –
Limitations & Remedies – Trade Secrets & Employee Loyalty – NDA & NCA – Spring Board
Doctrine.

Unit – III: Law of Copyright & Designs


Copyrights: Meaning, Scope & Nature of Copyright – Idea-Expression Dichotomy – Originality
& Fixation – Copyrightable Works – Registration – Authorship & Ownership – Term –
Economic Rights & Moral Rights – Performer’s Right & Broadcasting Rights – Assignment &
Licenses – CC License – Infringement – Exceptions – Fair Dealing – Remedies – Digital Piracy
& Technological Protection Measures – Liability of ISPs – Safe Harbour and Take Down
Notices.

Designs: Meaning – Scope – Difference between Copyright & Design – Novelty & Originality –
Registration – Rights – Piracy – Defences & Remedies – Layout Designs for Integrated Circuits.

Unit – IV: Law of Trademarks & Geographical Indications


Trademarks: Scope & Object – Marks – Trade Mark & Service Mark – Concept of
Distinctiveness – Functions & Types – Well Known Trade Marks – Registration of Trade Marks
– Registrable Trade Marks – Non-Conventional Trade Marks – Procedure of Registration –
Term – Rights, Assignment & License – Infringement & Passing off – IPAB – Domain Name
Disputes – Comparative Advertising & Disparagement – Character Merchandising – Ambush
Marketing – Meta Tags.

Geographical Indications (GI): Concept of GI – Distinction between GI & Trade Mark –


International & National Perspective – Registration – Term – Infringement & Remedies.

Unit – V: Sui generis Approach & Developments in IPR


Plant and Genetic Resources – Concept of Sui generis system – Bio-Piracy – Concepts of benefit
sharing, prior informed consent – Protection of Traditional Knowledge and Indigenous
Knowledge – TKDL – Protection of folklore/cultural expressions – Developments in WIPO on
traditional knowledge and traditional cultural expressions – Database Protection.

INTERNATIONAL TREATIES AND CONVENTIONS:

 THE PARIS CONVENTION (1883)


 THE BERNE CONVENTION (1886)
 THE MADRID AGREEMENT (1891) AND PROTOCOL (1989)
 THE HAGUE AGREEMENT (1925)
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Mahindra Prabu, Assistant Professor, TNNLS

 THE NICE AGREEMENT (1957)


 THE LISBON AGREEMENT (1958)
 THE ROME CONVENTION (1961)
 WIPO CONVENTION (1967)
 LOCARNO AGREEMENT (1968)
 THE PATENT CO-OPERATION TREATY (1970)
 THE TREATY ON INTELLECTUAL PROPERTY IN RESPECT OF INTEGRATED CIRCUITS (1989)
 THE TRIPS AGREEMENT (1994)
 THE WIPO COPYRIGHT TREATY (1996)
 THE WIPO PERFORMANCES AND PHONOGRAMS TREATY (1996)

BARE ACTS:

 THE COPYRIGHT ACT, 1957


 THE PATENTS ACT, 1970
 THE TRADE MARKS ACT, 1999
 THE GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION & PROTECTION) ACT, 1999
 THE DESIGNS ACT, 2000
 THE SEMICONDUCTOR INTEGRATED CIRCUITS LAY-OUT DESIGN ACT, 2000
 THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001
 THE BIOLOGICAL DIVERSITY ACT, 2002

PRESCRIBED BOOKS:

 N.S. GOPALAKRISHNAN & – PRINCIPLES OF INTELLECTUAL PROPERTY


T.G. AGITHA
 ELIZABETH VERKEY – INTELLECTUAL PROPERTY
 DR. B.L. WADHERA – LAW RELATING TO INTELLECTUAL PROPERTY
 V K AHUJA – LAW RELATING TO INTELLECTUAL PROPERTY
RIGHTS
 V J TARAPOREVALA – LAW OF INTELLECTUAL PROPERTY
 JAYASHREE WATAL – INTELLECTUAL PROPERTY RIGHTS IN THE WTO
AND DEVELOPING COUNTRIES

BOOKS FOR REFERENCE:

 W.R. CORNISH, D. LLEWELYN, – INTELLECTUAL PROPERTY: PATENTS,


T. APLIN COPYRIGHT, TRADE MARKS & ALLIED RIGHTS
 DAVID BAINBRIDGE – INTELLECTUAL PROPERTY
 LIONEL BENTLY & BRAD SHERMAN – INTELLECTUAL PROPERTY
 PETER DRAHOS – A PHILOSOPHY OF INTELLECTUAL PROPERTY
 ROBERT P MERGES – JUSTIFYING INTELLECTUAL PROPERTY
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Mahindra Prabu, Assistant Professor, TNNLS

 DANIEL GERVAIS – THE TRIPS AGREEMENT: DRAFTING HISTORY


AND ANALYSIS
 PHILIPPE CULLET – INTELLECTUAL PROPERTY & SUSTAINABLE
DEVELOPMENT
 DR. RAGHBIR SINGH – LAW RELATING TO INTELLECTUAL PROPERTY
 PROF. ASHWANI KUMAR BANSAL – LAW OF TRADE MARKS IN INDIA
 FEROZ ALI KHADER – THE LAW OF PATENTS WITH A SPECIAL FOCUS
ON PHARMACEUTICALS IN INDIA
 FEROZ ALI KHADER – THE TOUCHSTONE EFFECT (THE IMPACT OF
PRE-GRANT OPPOSITION ON PATENTS)

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