The Handout Notes for BA-LLB student.

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.

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