Intellectual Property Law (30 Hours)
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This course introduces key concepts of Intellectual Property Law. We all are increasingly surrounded by several kinds of intellectual property rights (IPR). In some cases our IPR may be getting infringed and in some other our actions may violate someone else’s IPR. This specialised branch of law is not only exciting but relates to all kinds of creations by human kind. We must learn this not just as a subject of law but also a course that would expose us to various kinds of unique creators of intellectual property and their innovative machines, equipment’s, crafts, material’s, etc.
Welcome to a course full of creativeness, innovation and exploration of legal means to protect all kinds of IPR.
LEARNING OBJECTIVES OF THE COURSE
For the purpose of easy comprehension of course topics by law students of all colleges, the Course Structure has been kept simple and not conventional in its representation. This Course aims to give students a basic understanding of the following aspects of IP law:
1. Broad framework of laws governing various aspects of Intellectual Property.
2. Various aspects of Trade Mark Law and it’s nuanced in the court of law.
3. Legal issues concerning Geographical Indicators.
4. Concept and application of Design Law.
Note: Case List and Suggestive Readings will be provided to the registered candidates only after the commencement of the class.
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- General Principles of Intellectual Property Rights
- Nature and Concept of IPR
- WTO / TRIPs
- Brief evolution of IPR and its importance in present context
- Types of Intellectual Property
- Enforcement of Intellectual Property Rights (Art. 9-39 TRIPs), by various national laws
- Brief on International legal instruments relating to IPR like Paris Convention (1883), Berne Convention (1886), Rome Convention (1961), etc.
- TRIPs: Principal of Reciprocity, Concept of Minimum Standards, and Concept of National Treatment
- Madrid Agreement and Madrid Protocol (1989)
- National IPR Policy (2016)
- Definitions: ‘Mark’ S.2(1)(m); ‘Trade mark’ S.2(1)(zb); ‘Service’ S.2(1)(z); ‘Goods’ S.2(1)(j); ‘Package’ S.2(1)(q); ‘Well known trade mark’ S.2(1)(zg)
- Need for Protection of Trademarks
- Registered and Unregistered Trade Marks
- Use of trade mark in respect of goods / services– Ss.2(2)(b) & (c), 29(6)
- Protection of Domain Names as Trade Marks
- Trade Mark for Services
- Registration of trade mark for goods / services
- Procedure (S.18 -23).
- Grounds of Refusal (S.9 & 11).
- Absolute Grounds for Refusal of Registration: S.9(1).
- Distinctive character in 9(1)(a).
- Eight types of Descriptive, laudatory marks or indications or words in S.9(1)(b).
- Customary or bonafide practices of trade in clause 9(1)(c).
- Proviso to S.9(1) - Acquired Distinctive character.
- Identity or similarity of Marks resulting -- in likelihood of confusion or Association with earlier Mark (Dilution).
- S.11(2) Prohibition of registration even for different goods / services.
- Well-known trade-marks: Factors for determination - 11(6) to 11(9).
- Effect of Trade marks registered or used in good faith – S.11(11).
- Effect of Acquiescence (See S. 33).
- Refusal of registration on grounds of passing off or under law of copyright u/s 11(3).
- Enlargement of Infringement protection – S. 29
- Same, similar or different goods / services
- Difference between passing off and infringement
- Passing off - for similar goods / different goods /trans-border reputation
- Exceptions u/s 30
- Definitions: ‘Geographical Indication’(S.2(e)), ‘Indication’(s.2(g)), ‘Goods’ (S.2(f)), ‘Producer’(S.2(k)), Certification Trade Mark, and Collective Marks
- Concepts of Indication of source, Geographical Indication, Appellations of origin, and GI as a Community Right
- Kinds of GI & Procedure for Registration (Ss. 3-8, Ss. 11-17)
- Grounds for Refusal of Registration of GI’s (S.9)
- Registration of homonymous Geographical Indications (S.10)
- Duration of protection and renewal (Ss.18-19)
- Conflict of GI’s with Trade marks (Ss. 25-26)
a) Concept of Industrial Design
- Essentials of a Design
- Novelty and Originality
- Protection of functional designs
- Conflicts between Copyright and Design protection
- Statutory right conferred under Designs Act, 2000
b) Registration of Designs
- Registrable Designs and non –registrable designs.
- Procedure for Registration and grant of Certificate of Registration
- Effect of Registration
- Cancellation of a Registered Design
c) Rights granted to 'Design' Holders
- Copyright in Design
- Protections from Piracy
- Protection from fraudulent and obvious imitations
FREE 30 mins Career Counselling Session (worth INR 600/-) with this course.