INTELLECTUAL PROPERTY LAWS

COURSE CONTENTS

The Course will consist of four components in relation to the Laws relating to Patents, Designs, Trade Marks and Copyrights.

• PATENTS LAW
• DESIGN LAW
• TRADE MARKS LAW
• COPYRIGHT LAW

INTRODUCTION TO INTELLECTUAL PROPERTY LAWS

A brief overview of the term “intellectual property”, a comparison between its four branches and definitions thereof.

PATENTS LAW

• Procedure for Obtaining a Design Registration
  • Concept of novelty
  • Patentable inventions
  • Procedure for obtaining patent rights
  • Term and renewals.


• EFFECTIVE OF OBTAINING PATENT RIGHTS
  • Privileges of acquiring patent rights such as assignments,
  • licensing and infringement proceedings; revocation of patents.

DESIGN LAWS

• PROCEDURE FOR OBTAINING A PATENT
  • Concept of novelty and originality,
  • Procedure for obtaining design protection,
  • term and renewals


• EFFECTIVE OF OBTAINING PATENT RIGHTS
  • Privileges of acquiring design rights such as assignments,
  • licensing and infringement proceedings; cancellation of registered designs.

TRADE MARKS LAW

• PROCEDURE FOR OBTAINING REGISTRATION OF A TRADE MARK
  • Procedure for obtaining registration with reference to goods and services;
  • distinctiveness of a trade mark and prohibition as to registration ;
  • Opposition and rectification proceedings;
  • Duration and renewal of registration.


• ENFORCEMENT OF TRADE MARK RIGHTS
  • Infringement proceedings;
  • Passing off action


• ASSIGNMENT , LICENSING AND REGISTERED USER
  • Assignment of registered and unregistered trade marks;
  • Standard terms and conditions of a license agreement;
  • Registration of registered user; and right of registered user to file infringement proceedings.

COPY RIGHT LAWS

• COPYRIGHT, OWNERSHIP OF COPYRIGHT AND RIGHTS OF THE OWNER
  • Works in which copyright subsists;
  • First owner of copyright, term of copyright.


• REGISTRATION AND LICENSING OF COPYRIGHT
  • Procedure of obtaining copyright registration;
  • Registration of assignment ;
  • licenses by owners and compulsory license.


• ENFORCEMENT OF COPYRIGHT
  • When copyright infringed;
  • Certain acts not infringement of copyright;
  • Powers and functions of Copyright Board.


• INTERNATIONAL TREATIES AND CONVENTIONS
  • TRIPS Agreement,
  • Paris Convention,
  • Patents Cooperation Treaty,
  • Universal Convention on Copyrights Berne Convention, etc
• LEADING CASES

REFERENCES

• PATENTS
  • Patents for inventions.
  • Fifth Edition by T.A. Blanco While.
  • Terrell on the Law of Patents
  • Fifteenth Edition.
  • Intellectual Property (Third Edition) by W.R. Cornish.
  • Patents Law by P. Narayanan (Third Edition)


• DESIGNS
  • Russel Clarke on Copyrights and Industrial Designs By Michael Fysh (Fifth Edition).


• TRADEMARK
  • Trade and Merchandize marks act by Dr. S. Venkateshwaran.
  • Kerly on Trade Marks and Trade Names
  • Law of Trade Marks and Passing off By P Narayanan


• COPYRIGHT
  • Copyright Law by P. Narayanan. Published by Eastern Law House Calcutta.
  • International Copyright by Stewart.
  • Skone James and Copinger on Copyrights.