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Lovely Professional University,Punjab

Format For Instruction Plan [for Courses with Lectures and Tutorials ]

Course No. MGT698 Course Title: INTELLECTUAL PROPERTY RIGHTS & CYBER LAWS L: 3 T: 1 P: 0 Cr: 4

Course Planner :- 11337 :: Amarjit Saini

TextBook

1. 1. Slope, V. Vinod , Managing Intellectual Property , Prentice Hall of India, New Delhi: 2007.

Other Specific Books


2. 1. Gulshan , S.S., Mercantile Laws , Excel books, New Delhi, Third Ed, Reprint 2007
3. 2. Kucchal, MC, Mercantile Laws, Vikas Publications, Latest Edition.

Other Readings

Sr. No. Jouranls atricles as compulsary readings (specific articles, Complete reference)

4 Shirdhar, Manisha & Jain, Sudhir. Patent Activity by Patent Agents in India Journal of Intellectual Property Rights Vol-14, March

5 Keshri, Sourav & Saha Subhasis, Challenges to Copyright Work in Cyberspace, Journal of Intellectual Property Rights Vol- 13 Jan 2008 pp 35-42

6 Keshri, Sourav & Harshwardhan, Trade Secret: A Secret Still to Unveil, Journal of Intellectual Property Rights, Vol-13, May 2008 pp 208-217

7 Mohpatra, Sidhratha, Protecting a design in Intellectual


Property,http://articles.manupatra.com/PopOpenArticle.aspx?ID=4c7324ae-7ef5-434f-93a5-ebd0d187146b&txtsearch=Mr.%20Sidhartha%20Mohapatra
8 Gangjee. Dev, Geographical Indications: Recent Developments in india,
http://articles.manupatra.com/PopOpenArticle.aspx?ID=05430e04-e049-4439-ad42-9c90ab3d0a01&txtsearch=Dr.%20Dev%20Gangjee
9 Jagannath T.K, Transparency: Critical Role of Digital Signature, The Hindu: Jan 26, 2009

10 Duggal. Pavan, Policy Framework and Legal Issues relating to Electronic Governance,http://www.cyberlaws.net/cyberindia/policy.html

Relevant Websites

Sr. No. Web adress (only if relevant to the courses) Salient Features

11 http://nopr.niscair.res.in/handle/123456789/45 Provides access to full text articles on Intellectual Property Rights,Having


more than 500 articles
12 http://www.iprlawindia.org/ A gateway to access case studies and articles on IPR

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13 http://www.rkdewan.com/casestudies-pre-grant opposition. Access to Editorial, cases, articles, FAQ and statistics on IPR

14 http://www.cyberlawsindia.net/ A complete web-site for cases, articles and Information Technology Act-
2000
15 http://www.lawstudent.in/bc_vidya_sunderam_novartis_patent_claim.htm Case study-Patent

16 http://www.ircc.iitb.ac.in/patent_forms.html Available Patent forms

17 http://copyright.gov.in/copyrightregistrationform.pdf Registration form to get copyrights.

18 http://delhicourts.nic.in/CYBER%20LAW.pdf Case Laws-offences under IT Act.

19 http://www.wipo.net/sme Detail of world intellectual property organization.

20 http://www.icmrindia.org/Business%20Updates/AIDS%20Drugs-Have%20Patent% Case-Study : Tutorial


20Rights%20Triumphed.html

Detailed Plan For Lectures


Pedagogical tool
Chapters/Sections of
Homework to be Demonstration/case
Week No. Lecture No. Topic Textbook/other
Assigned to students study/images/anmation
reference
ctc. planned

Part 1
Week 1 Lecture 1 Introduction to Intellectual Property Rights and its Economic Value ->Reference :1,ch-4

Lecture 2 Types of IPR's ->Reference :1,Ch-4

Lecture 3 IP Governance and Indian IPR scenario ->Reference :1,ch-4 HomeWork 1 Allocation Case Study/IP
Management at
Nestle?ref-1/p-40

Case Study/IP
Management at
Nestle?ref-1/p-40

Week 2 Lecture 4 Patents: Introduction (Indian Patent Act 1970 with amendments) and ->Reference :1,ch-4 Case
Criteria Study/Novartris/ref-15

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Part 1
Week 2 Lecture 5 Types and Procedure for Registration ->Reference :1,Ch-5 Term Paper 1 Allocation Form Filling/Ref- 16

Lecture 6 Procedure for Registration ->Reference :1,ch-5

Week 3 Lecture 7 Infringement of Patents and Remedies ->Reference :1,Ch-5 Case study/Novel
Patents/Ref-1/p-77

Lecture 8 Patent Cooperation Treaty HomeWork 1


Submission

Lecture 9 Copy Rights: Introduction and Protection ->Reference :1,ch-7 HomeWork 2 Allocation

Week 4 Lecture 10 Procedure for Registration ->Reference :1,Ch-7

Part 2
Week 4 Lecture 11 Rights of Copy Right owner ->Reference :1,Ch-7 Case Study/Time Asia
Sanskaran/Ref-1/ p- 123

Lecture 12 Rights of Copy Right owner ->Reference :1,Ch-7

Week 5 Lecture 13 Copy Right Act 1956 ->Reference :1,Ch-7

Lecture 14 Copy Right Act 1956 ->Reference :1,Ch-7

Lecture 15 Trade Secrets: Introduction and Types ->Reference :1,Ch-8

Week 6 Lecture 16 Trade Secret Strategies ->Reference :1,Ch-8 Trade Secret Strategy by
Apple computer/
Ref-1/p-141
Lecture 17 Trade Secret protection and Law suit in India ->Reference :1,Ch-8 Case Law/ Aptec V/s Mr
Horton/Ref-1/p-144

Lecture 18 Trade Marks: Introduction and Types ->Reference :1,Ch-6

Week 7 Lecture 19 Rights of Trade Mark Holder and Procedure for Registration ->Reference :1,Ch-6 HomeWork 2 Case Study/ United
Submission Distillers v/s Jagdish
Joshi &
others/Ref-1/p-104
Lecture 20 Trade Marks Act (1999) ->Reference :1,Ch-6 Quiz 1

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Part 2
Week 7 Lecture 21 Revision ->Reference :1,ch-6

MID-TERM
Part 3
Week 8 Lecture 22 Industrial Design: Introduction and Protection ->Reference :1,Ch-9 Case Law/Polar
Industries Ltd v/s Usha
International/ Ref-1/p-154
Lecture 23 Industrial Design Act 2000 ->Reference :7, HomeWork 3 Allocation

Lecture 24 Industrial Design Act 2000 ->Reference :1,ch-9

Week 9 Lecture 25 Geographical Indications: Introduction and Genric names ->Reference :1,Ch-10 Ref-8/CaseStudy/
Darjeeling Tea/
Ref-1/P-162
Lecture 26 Indian scenario ->Reference :1,Ch-10

Lecture 27 Geographical Indication Act, 1999 ->Reference :1,Ch-10

Week 10 Lecture 28 Licensing and its types ->Reference :1,Ch-16 Case Study/Borean
Pharma/Ref-1/p-273

Lecture 29 Advantages and Disadvantages of licensing ->Reference :1,ch-16 HomeWork 3


Submission
Part 4
Week 10 Lecture 30 Information Technology Act 2000 Definitions and Scope ->Reference :2,Ch-16 Case Law/ Rediff
communication Ltd/
Ref-2/p-725

Week 11 Lecture 31 Digital Signature ->Reference :2,Ch-16 HomeWork 4 Allocation Ref-9

Lecture 32 Electronic Governance ->Reference :2,Ch-16 Ref-10

Lecture 33 Regulations of Certifying Authorities ->Reference :2,Ch-16

Week 12 Lecture 34 Duties of Subscribers ->Reference :2,Ch-16

Lecture 35 Cyber Regulations ->Reference :2,Ch-16 Term Paper 1 Case Law/ The Bank NSP
Submission Case/Ref-18

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Part 4
Week 12 Lecture 36 Appellate Tribunal ->Reference :2,Ch-16

Week 13 Lecture 37 Offences ->Reference :2,Ch-16 Quiz 2 Case Law/ State of Tamil
Naidu v/s Suhas
Katti/Ref-18
Lecture 38 Penalties ->Reference :2, HomeWork 4
Submission

Lecture 39 Shortcomings of IT Act, 2000 ->Reference :2,Ch-16

Spill Over
Week 14 Lecture 40 IPR Insurance and Products ->Reference :1,Ch-17

Lecture 41 Asset Valuation and Audit ->Reference :1,ch-17

Lecture 42 WTO and IPR ->Reference :1,Ch-4/pg-68

Week 15 Lecture 43 World Intellectual Property Organization (WIPO) ->Reference :19,

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Details of homework and case studies plan
Nature of homework
Homework No. Topic of the Homework (group/individuals/field work

Homework 1 Impact of intellectual property rights (IPRs) on various sectors of Indian economy. (Here, teacher Individual
can assign different sector to students for analysis)/Cases on Patents

Homework 2 Case Laws on Copy Rights, Trade Secrets and Trade Marks (Assignment of 5-6 case Laws to each Individual
students and then evaluation should be made on the basis of test)

Homework 3 Case Studies on 1. Geographical Indications Group

2. Industrial Design
(Teacher can consider all the aspects for case-studies and give assignments in a group of 5-6
students as per class strength, followed by Case Presentation in Tutorial)
or a test in case of case Laws

Homework 4 Case Laws- Cyber Crimes and Offences/ Follwed by test Individual

*Normally all the homeworks shall be submitted online but in special courses where homeworks cannot be submited online , the insructor can edit the mode of submission while
entering the IP Details

Scheme for CA:out of 100*


Component Frequency Out of (If any) Marks for each Total Marks

Homework 3 4 15 45

Quiz 2 15 30

Term Paper 1 25 25

Total :- 100

* In ENG courses wherever the total exceeds 100, consider x best out of y components of CA, as explained in teacher's guide available on the UMS

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List of suggested topics for term paper[at least 15] (Student to spend about 15 hrs on any one specified term paper)
Sr. No. Topic
1 Identify the role of various Intellectual Property Rights in the Economic Development of Country.
2 International Intellectual property Rights Harmonisation-A search for the right Balance and attempt of India in
this direction
3 Think of a common problem (i.e, losing car Keys, lack of security at bank machines) and then imagine a device
that would solve that problem.
1. Designate the device with a Patent Mark and
2. then prepare a rough drawing of it.
3. Organize a fictious company that will own intellectual property rights to the device.
4. Review Indian Patent Laws
5. Review your state as far as application of patent is concerned
6. Write specification for it
4 Consider the Disney Theme Parks, Disneyland, Disney World and Euro Disney( any other as per student
Choice). These parks contain numerous exhibits characters, services and products. Prepare a chart with four
columns:
1. Copy Rights
2. Trade Marks
3. Patents
4. Trdae Secrets
List as many specific elements of the theme park as you can which would qualify in each category. For
Example, under copyright list all of the
(1) copyrightable characters
(2) Copyrightable Merchandise.
(3) Copyright Artwork
5 Create a Record Company (dummy) and determine what rights it must acquire to release a recording. Consider
the recording, the musical work, the creation of the cover art work and other promotional works related to the
record business. Determine the ways in which the record company can maximize its income, including limiting
mechanical rights or acquiring rights in musical work.
6 Your friend (Mr X) wrote the novel “Zindgi”. He retained all copyrights to the novel but sold the movie
rights to Adlabs Film Ltd. Your Brother wrote a title song for the movie “Zindgi Ka Safar” and want to go
for copy rights for the song. Being an expert in these matters you have to file the registration of your brother
and also determine the positions of each party and Zee Televisions also wants to take the broadcasting rights.
State how this channel gets the rights.
7 A new soft drink company, Drink Co, is preparing to unveil a new drink-a coconut flavoured cola. The
company has proposed three trade marks for registration COCA-NUT COLA, KOKA COLA AND KOKOLA.
What problem may exist in the attempted registration of any of these marks.
1. Review current soft drink marks. (Pepsi co, Coke etc)
2. Create potential trade mark for new soft drink.
3. Review the evaluation form in the process of creating the mark.
4. Form Filling. (Remember, a trade mark does not have to be a word; it can also be a slogan or combination
of word and design)

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8 Obtain a copy of Newspaper on every Sunday and identify various trade marks and try to determine which are
federally registered. List the terms and discuss the strength of each mark by categorizing the marks as
arbitrary, fanciful, suggestive or descriptive. Make a detail analysis on these basis.
9 A new soft drink company, Drink Co, is preparing to unveil a new drink-a coconut flavoured cola. The
company has proposed trade secret for this. What problem may exist in the attempted registration of this
right.
1. Review the status of current soft drink competitors (Pepsi co, Coke etc).
2. Review the evaluation form in the process of this right.
3. Form Filling.
4. Discuss the strengths of the company after getting this right
5. Protection of right
10 Suppose you are owing a car manufacturing company, General Autos, is preparing to unveil a new front Grill
for its Car ( U-100). The company has proposed designs for this. What problem may exist in the attempted
registration of this design
1. Review the concerned Laws.
2. Review the evaluation form in the process of this right.
3. Form Filling.
4. Discuss the strengths of the company after getting this right
5. Protection of right
11 Think of a common problem (i.e, losing car Keys, lack of security at bank machines) and then imagine a device
that would solve that problem.
1. Designate the device with a Patent Mark and
2. Then, prepare a rough drawing of it.
3. Express it Utility, Novelty and non-obviousness
Suppose, you got the rights. But, due to shortage of finance, you are unable to manufacture that product so
here you want to dilute your rights. So, Prepare a license agreement for the dilution of rights.
12 Intellectual Property Rights - The New Wealth of Knowledge Economy: An Indian Perspective
13 TRIPS and the Indian Patent Regime- A critical Aanlysis.
14 Role of Information Technology Act 2000 in the development of E-Commerce
15 How rapid technological change creates a challenge to the courts and the legal system. Various opinions
expressed and explained and the question for discussion is here that, whether present law is competent
enough to tackle the cyber crimes. You are here to review the points of Information Technology Act 2000 (as
per syllabus) and to suggest changes to overcome the offences and crimes.

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Plan for Tutorial: (Please do not use these time slots for syllabus coverage)

Tutorial No. Topic Type of pedagogical tool(s) planned


(case analysis,problem solving test,role play,business game etc)

Tutorial 1 Patent Activity by Patent agents in India/Ref-4 Discussion

Tutorial 2 Patent Right/Ref-20 Case analysis

Tutorial 3 Copy Rights Problem solving

Tutorial 4 Intellectual Property Rights, economic Value and Patents Test

Tutorial 5 Trade Secret: A Secret Still to Unveil Case analysis

Tutorial 6 Trade Marks Case analysis

Tutorial 7 Quiz-I Test

After Mid-Term
Tutorial 8 Industrial Designs Case analysis

Tutorial 9 Basmati Rice: Geographical Indications Case analysis

Tutorial 10 Assignment based Test/Idustrial Design and Geographical Test


Indications

Tutorial 11 Cyber Laws Problem solving

Tutorial 12 Quiz-II Test

Tutorial 13 Cyber Crime Case analysis

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