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SYLLABUS FOR VII SEM 2020.
INTELLECTUAL PROPRTY RIGHTS
(IPRs)
- Prof Subhash Chandra Roy
This Paper consists of eight legislations:
1. The Copyright Act, 1957.with latest Amendments.
2. The Patents Act, 1970. With latest Amendments.
3. The Trade Marks Act, 1999.
4. The Designs Act, 2000.
5. The Semiconductor Integrated Circuits Lay out Design Act, 2000.
6. The Geographical Indications of Goods (Registration and Protection) Act, 1999.
7. The Protection of Plant Varieties and Farmer’s Rights, 2001.
8. The Biological Diversity Act, 2002
Each legislation is comprehensive. It has to be understood according to the chapters already divided
in the Act. Therefore the BARE Act COMPILED AT ONE PLACE in “Universal’s Intellectual Property
Laws, is suggested to all students. It requires around sixty to seventy classes to discuss the issues,
i.e. around ten classes in each Act with case laws. Relevant decided cases (classical as well as
current) are supplementary to the discussion for each legislations. The syllabus is not exhaustive. It
is just outlines. It has scope of updating and improvement during teaching-sessions.
Basic Understanding: Concept of Intellectual Property Rights, Concept of Property, Theories of
property-ownership-possession-Rights etc. Constitution and IPRs, IPRs and Public Policy, Economics
of IPRs.
Copyright Act: Meaning and Importance of Copyrights, subject matter of copyrights, Neighbouring
rights, ownership rights, copyrights- terms, assignment, registration, licensing, and compulsory
licensing. Infringement of copyright, fare use, remedies against infringement-civil and criminal.
International Copyright, Conventions and relevant provisions under TRIPS. Copyright management.
WIPO.
Patents Act: Meaning and historical development, Convention, Definition sections, what is not
invention, Patents application, Specifications, publication of patents, pre-grant opposition, post
grant opposition,Anticipation,Secrecy of invention, granting of patents rights and term of patents,
ownership issues, patents in Addition,Assignment,licensing,surrender,revocation of patents,
Compulsory licencing, Infringement of rights ,remedies ,Working of patents,PCT,TRIPS, Patents and
trade secret, Petty Patents.
Trade Marks Act: Origin and development of trade marks, significance in business and consumer,
Definition sections, Registration, Registered and unregistered trademarks, grounds for refusal of
registration, GI and Trademarks,Assignment,transmission,Use of trademarks, collective marks,
certification marks, comparative advertisement and trademarks, Infringement of trademarks,
offences ,penalties ,remedies, Intellectual property appellate Board, Treaties.
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Design Act: Copyright and design, Design and Artistic work, Design and Patents, registration of
design, copyright in registered design, industrial and international exhibition, piracy of registered
design, legal remedies, power and duties of controller, Trips.
Layout design and Integrated Circuit Act: Concept and genesis, Business significance, lay out design
and patents, definition sections,registration,assignment,transmission,use of registered design and
registered user,infringement-offences,penalty,remedies,Appeal.
Geographical Indications: Concept, definition, significance in business, registration of GI, GI and
Trade Marks, Prohibition of registration of certain GI,opposition in registration, effect of registration,
infringement of registered GI,Trademarks and prior users,offences,suits for infringement,pena;ties
,appeal.
PPVFR Act: Objective of suigeneris legislation and Concept of plant varieties and farmer’s rights Acts,
Definition section, plant varieties authorities,derivd variety,registration,extant variety, benefit
sharing, researcher’s rights, breeders rights, farmer’s rights,protection,forfeiture and revocation of
rights, infringement, innocent- infringement, compulsory licencing,
offences,penalties,procedure,appellate tribunal, miscellaneous.
Biological Diversity Act: Concept, CBD, Biodiversity and Patents, Biodiversity and PPVFR, Traditional
Knowledge and Biodiversity, Biodiversity management committee, Biodiversity and III.Biodiversity
Authority, Local Biodiversity Fund, biodiversity and employment generation, Biodiversity and
Biotechnology.
Suggested Readings:
1. Bare Act all IPR legislations
2. Lectures on Intellectual property Law –Prof S C ROY, CNLU Publication.
3. Intellectual property law-Prof V.K.Ahuja
4. Intellectual Property (Licensing in trade marks) –Prof. Raman Mittal
5. Copyrights and patents law –P Narayanan
6. Intellectual Property Rights –Prof M.K. Bhandari, 7.Patents Laws- Prof. Srividya Raghavan. 8.
Intellectual property Rights—Prof Rajshree Chandra, 9. Journals of IPR. 10. Case Study—PTC (Patent,
Copyright, Trademarks) journal, AIR, SCC.
Note:-Books are only suggestive. Many books written by Indian and foreign authors are available in
the market. One can read any of their choices. Cases will be provided during class.
