Você está na página 1de 9

B.A., LL.B & B.B.A., LL.

B, 2016-2021 Batch
January -2019
Course Outline

Subject Name Intellectual Property Law


Subject Credits 4 Credits
Subject Code CLAW 209
The understanding of intellectual property rights is indispensable in the
current scenario. Rather it becomes all the most important in the light of the
significant development of IPR regime at International level and
subsequently the adoption of National Intellectual Property Rights Policy
Summary/Overview
2016. In this context the course has been designed in such a manner so as to
offer an insight into the fundamental principles underlying the protection of
various categories of Intellectual Property Rights, with emphasis on
Trademarks, Patents and Copyright. Special emphasis shall be on the nature
and extent of rights which the IPR holder gets by virtue of the legal
protection and enforcement of those rights
The objective of this course is to enable the candidates to determine the type
of protection available to different categories of IPR. The course aims at
making the candidates familiar with the procedure for obtaining the
Objectives
protection and remedies available in case of infringement. The course
attempts to provide updated and advanced information regarding the
developments taking place at national and international level in the field of
IPR.
Instructors Prof. Yamini C. Prabha
Office: 32 (3rd Floor technical block)
Phone No: 08046199178
E-mail id: yamini.prabha@alliance.edu.in
AND
Prof Abhishek Sarma
Office: 42(4th Floor Technical Block)
Phone No: 08046199178
Email id: abhishek.sarma@alliance.edu.in
Office Hours 2:30 pm – 4:00 pm Tuesday Prof. Yamini C Prabha
1:30 pm – 4:00 pm Friday Prof. Abhishek Sarma

Core Learning Outcomes

Core Learning Outcomes


Learning Outcomes Assessment Criteria
Sl.
On completion of this course you
No.
should be able to: To achieve the learning outcomes you must:
Understand the concepts, rules and Analyze the importance of IPR and its impact on
1
principles of various kinds of IPR the development.
Analyze the type of protection Explain and differentiate between the different
available to different categories of IPR types of rights available for different types of IPRs.

2 and how the IPR holder can


strategically utilize IPR for his/
society benefit
Have an in depth critical and legal
analysis of current concrete fact Apply the existing rules to the contemporary
3 debates on impact of IPR on Economy of a country
situation

Analyze and apply the concepts of Apply the knowledge of IPR for the protection of

4 IPR to the contemporary and social people’s basic right, its intersection with human
arena rights, environment law and other related laws.
The course is offered for Four credits (4) which comprises 48 teaching session as
per the norms of the Bar Council of India. Each session is consists of One Hour and
Fifteen Minutes. The Class will meet regularly as per the prescribed schedule fixed
Approach to
by the ASOL Dean’s office. The method of teaching will be based on Socratic
Learning
methods, which further consist of formal lectures, case study analysis, audio visual
presentations and group discussions. Core reading materials will be provided by the
teacher. Students are expected to complete readings assigned on the specific topic
and on time. You are expected to take notes on readings, and contribute to the class
discussions Students are expected to read the essential reading before to attend the
class. Credits are allocated to your class presentation and discussion. To facilitate
the discussion, the concerned instructor or lecturer initiate the discussion and
students will have to participate and contribute to the discussion, before end of the
each session the instructor will give summary of topic and answer the questions
raised by the students during their discussion.
Assessment Assessment of this course divided between written examination and research
Strategy project.
 Written Examination: Written examination component further divided
into two parts which consist of Mid Semester Examination (MSE) which
will be held during the semester and Semester End Examination (SEE).
MSE of 45 marks for 2 hours, the weightage of 15 percent of the total
grade will be taken into consideration. The students will receive the
notification of the examination from the ASOL Dean’s office. The Semester
End Examination (SEE) which consists of 100 marks and the duration of 3
hours to answer the questions, out of which 50 percent weightage will be
taken into consideration. The instructor will provide tips to write thematic
and problem based answers during the class.

 Class Test: Surprise class test consists of 5 Marks of the total marks,
which will be conducted during the 5th week of teaching. The same shall be
conducted during the class hours.

 Classroom Attendance (CA): Classroom attendance and participation


comprises of 5 Marks based on your attendance and your participation in
the classes marks will be awarded
.
 Written Project: During the second week of the teaching the teacher will
assign a title of the research project in consultation with specific student.
The research project shall be a group project (each group comprising of
maximum three students) Each student in the class is required to submit the
full research paper of not less than 4000 words (which carries 15 percent
of the total grade).
 Last Date for submission is April 1st 2019.
 Each student is expected to submit their research project work on or before
the mentioned deadline. Late Submissions shall not be accepted.
 If any student is interested to work on their own topic chosen by them, they
are encouraged to do so, however, they have to get prior approval from the
subject teacher. Once the subject teacher approves the project then the work
can be carried out on regular basis.
 The project should be structured around the given topic incorporating
therein the importance of the topic, brief introduction, identifying the
research problem, reviewing the existing legal system, need to write object
of the research study and the scope along with methodology. Further you
are required to provide with the analytical review of the existing literature
on the given topic and the specific questions to be addressed. The subject
teacher will provide you with a template; students will have to follow the
template strictly. Non-compliance of the template will attract the penalties.
The project should be typed in Times New Roman 12 font size with 2 point
line spacing. The paragraphs should also be justified with normal margin.
Students are required to follow the OSCOLA format for the standard
citation. Project work must be free from plagiarism, you are required to
provide with proper citations in the footnote, and at the end of your
project of work you are required to give full list of select bibliography.
If the work found to be a plagiarized work then it will treated as a
serious academic misconduct. Serious actions will be taken against the
student.

 Presentation and Viva: The Presentation and/or Viva-voce comprises of


10 percent of the total grade where the students are required to give
oral/presentation in the class before the panel of teachers on the project
which you have submitted and questions will be posed by the panel of
teachers based upon the presentation.

No. Assessment Description of Weight Duration and Marks of


Method Assessment Method % Examination

1 MSE Written Examination 15 2 hours and 45 Marks in


which 15 percent weightage
2 AT Class Attendance 5 Throughout the Course
3 DSA Case Studies/Project 30 Throughout the Course
/CS/PR/CP Report/ Class
Presentation and viva/
Surprise Test
4 Semester End 3 hours and 100 marks from
Examination Written Examination 50 which 50 percent weightage
will taken

OUTLINE OF THE TEACHING SCHEDULE


Unit Number
Unit-1.
Justification of Intellectual Property Rights
(4Teaching Sessions)
1. Introduction
1.1. Concept of Property:
i) Socialist View
ii) Liberal Democratic View
1.2. John Locke’s Labour Theory
1.3. Nozick’s Entitlement theory
1.4. Rwal’s Theory of Justice
1.5. Hegelian Justification of Property
1.6. Need for holistic Approach
Unit-2. Law of Trade-Marks
(12Teaching Sessions)
2.1 History of Trade-Marks
2.2 What is a Trademark, Definition, and Kinds of Trademark
2.3 Distinctiveness, Arbitrary and fanciful marks, Descriptive mark
2. 4Registration of Trade-Marks
2.4.1 Grounds for Refusal: Absolute and Relative Grounds
2.4.2 Concept of Well Known Tarde-Mark
2.5 Non-Conventional trade-Marks
2.6 Procedure for registration, renewal and rectification
2.7 Rights of Trade-Mark Owner:
2.7.1 Licensing of Trade-Mark
2.7.2 Assignment (limitation on transfer of Good-will)
2.8 Infringement of Trademark :
2.8.1 Passing-Off
2.8.2 Comparative Advertisement
2.8.3 Trade-Mark Dilution
Unit-3.
Law of Patents
(15Teaching Sessions)
3.1 History of Patents
3.2 Patentability Criteria:
3.2.1 Novelty (issues of ‘Prior publication’ and ‘prior use’)
3.2.2 Utility- capable of industrial application
3.2.3 Inventive step/ Non-obviousness
3.2.4Statutory Provisions: Excluded Subject Matter
3.3 Procedure for obtaining patent
3.3.1 PCT Mode of filing
3.3.2Pre-Grant and Post Grant Opposition
3.4 Rights of Patentee: Limitation of Rights:
3.4.1 Bolar Exception
3.4.2 Exhaustion of Rights
3.4.3 Parallel Imports
3.5 Tests for determining Infringement of Patents
3.6 International Developments Relating to Compulsory Licensing :
3.6.1 Flexibilities within TRIPS
3.6.2 Patent and access to public health
Unit-4. UNIT IV - Law of Copyrights
(12Teaching Sessions)

4.1 History of Copy-Right


4.2 Introduction & Justifications for Copyright Law
4.3 Subject-Matter of Copyright, Literary Works, Dramatic works, Musical
works, Artistic works, Cinematograph Films and Sound, Recordings
4.4 Idea-Expression dichotomy
4.5 Authorship and Ownership of Copyrightable works (work for hire/
contract of service)
4.6 Entitlements: Nature of Rights:
4.6.1 Economic Rights, Moral Rights, Rights of Performers,
Rights of Broadcasting Organizations
4.6.2 Assignment and Licensing
4.6.3 Compulsory Licensing and Statutory Licensing
4.7 Enforcement of Copyright:
4.7.1 Infringement
4.7.2 Secondary Liability
4.7.3 Role of Copyright Societies
4.8 Defenses/ Exceptions
4.8.1 Fair Use/ Fair Dealing
Unit-5.
(Modern Concepts of IPR)
(5 Teaching Sessions)

5.1 Introduction of Geographical Indication


5.2 Concept of Plant Varieties Act
5.3 Concept of Trade-Secret
5.3 Concept of Designs
5.5 Concept of Traditional Knowledge

Total No of Sessions: 48

READINGS MATERIALS:

Essential Readings

Compulsory Readings
Books/Articles
V.K.Ahuja, : Law relating to Intellectual Property Rights, LexisNexis Butterworths
Verkey Elizabeth, Law of Patents, Second Edition, Eastern Book Company, Lucknow, 2012
P. Narayanan, Trade Marks Law
P. Narayanan, Law of Copyrights
Law of Patents:
Mario Franzosi, “Novelty and Non-Obviousness---The Relevant Prior Art” (2000) JWIP 683

Michael Abramowicz and John F. Duffy, “The Inducement Standard of Patentability” (2011) 120
Yale Law Journal 1590.

Arvind Subramanian, “The AIDS Crisis, Differential Pricing of Drugs and the TRIPS
Agreement---Two Proposals” (2001) 4 JWIP 323.

Sudheep Choudhary, “TRIPS Agreement and Amendment of Patents Act in India” 2002
Economic and Political Weekly 3354.

Law of Trade-Marks:
Frank I. Schechter, “The Rational Basis of Trade-Mark Protection” (1927) 40 Harv L Rev 813

Jacob Jacoby, “The Psychological Foundation of Trademark Law: Secondary Meaning,


Genericism, Fame, Confusion & Dilution” (2001) 91 TMR 1013

Ruth Annand, “Developments in Registrability: The Definition of Trademark and its Relationship
with the Requirement for Distinctiveness” in Norm Dawson and Alison Firth (Eds.), Trade Marks
Retrospective, Vol. 7

Leah Chan Grinvald, “A tale of two theories of well-known marks” (2010) 13 Vand J Ent & Tech

Henry W. Leeds, “Intent to Use- Its Time has Come” (1989) 79 TMR 269.

Mark A. Greenfield, “Goodwill As a Factor in Trade Mark Assignments: A Comparative Study”


(1970) 60 TMR 173

Jerre B. Swann, Sr., “Dilution redefined for the year 2000” (2001) 33 IPLR 343.

Law of Copy-right:

“Copyright Protection of Indirect Copying of Computer Programs : Suggestions for Indian


Courts” by Yashojit Mitra, JIPR Vol. 8, March 2003. pp 103 – 111

“Role of Intellectual Property Rights in the Technological Upgradation” by A.V.Ganesan, JIPR


Vol. 3 March 1998 pp 74 – 81

Google Scholar and DU Case analysis

“Intellectual Property Systems in Scientifically Capable Developing Countires : Emerging


Options” by Prabuddha Ganguli, Journal of Intellectual Property Rights, Vol. 9, January, 2004,
pp 24 – 33

“Copyright Law of India and the Academic Community”, by T C James, JIPR Vol. 9, May 2004,
pp 207 – 225

“Copyright Law in digital era and Internet” by Corey D. Steinburg

“Digital technologies and emerging copyright scenario” by Zakir Thomas, JIPR Vol. 8, July
2003, pp 276 – 301

Indian Copyright (Amendment) Act of 2012 and American Digital Music Exports: Why the
United States Should Make Stricter Anti-Circumvention Laws in India an American Diplomatic
Priority, The [article] UCLA Entertainment Law Review, Chaudry, Sahil 20 UCLA Ent. L.
Rev. 175 (2013)

International Conventions and Treaties:


Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Patent Co-operation Treaty (PCT)
Paris Convention
Budapest Treaty
Doha Declaration on TRIPS Agreement
Berne Convention
Universal Copyright Convention
Madrid Agreement
Madrid Protocol Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Patent Co-operation Treaty (PCT)
Paris Convention
Budapest Treaty
Doha Declaration on TRIPS Agreement
Berne Convention
Universal Copyright Convention
Madrid Agreement
Madrid Protocol

Cases to be read: (the list is not Exhaustive)


Law of Patents:
Lallubhai Chakubhai Jarivala v. Shamaldas Sankalchand Shah (Test of Novelty and Inventive
Step)
Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (Test of Inventive Step)
Novartis AG v. Union of India (Test of Inventive Step in pharmaceuticals)
Dimminaco AG v. Controller of Patents & Designs (Biotechnological Inventions)
V.B. Mohammed Ibrahim v. Alfred Schafranek (Concept of inventor)
Bayer Corp. v. Union of India (Compulsory License)
F. Hoffman-La Roche Ltd. v. Cipla Ltd. (Infringement)
Monsanto Company v. Coramandal Indag Products Ltd. (Revocation of Patents)
Law of Trade-Marks:
National Bell Co. v. Metal Goods Mfg. Co.(P) Ltd. (Test of Distinctiveness)
Amritdhara Pharmacy v. Satya Deo Gupta (Test of Deception & Confusion)
Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories (Test of acquired
distinctiveness)
ITC Ltd. v. Registrar of Trademarks (Registerable Trademarks)
N.R. Dongre v. Whirlpool Corporation (Well-Known Marks)
Jolen Inc. v. Shoban Lal (Well-Known Marks: Use in India)
Kapil Wadhwa v. Samsung Electronics Co. Ltd. (Exhaustion of Right)
Cycle Corpn. Of India Ltd. v. T.I. Raleigh Industries (P) Ltd. (Trafficking of Trade-Mark)
Vishnudas Trading v. Vazir Sultan Tobacco Co. Ltd. (Registration of the mark without
intention to use)
Pepsi Co Inc. v. Hindustan Coca-Cola (Comparative Advertisement)
Daimler Benz Aktiegesettschaft v. Hybo Hindustan (Trade-Mark Dilution)
ICC Development (International) Ltd. v. Leo Burnett (India) (P) Ltd. (Ambush Marketing)
Law of Copyrights:
V. Errabhadrarao v. B.N. Sarma (Concept of Originality)
Eastern Book Company v. D.B. Modak (originality in Case Reports)
R.G. Anand v. Delux Films (Idea-Expression Dichotomy)
Agarwal Publishing House v. Board of High School and Intermediate Education (Literary
Works)
Fortune Films International v dev Anand (Dramatic Work)
Gramophone Co. of India Ltd. V. Supe Cassette Industries Ltd. (Musical Work)

Recommended Reading Material:

List of Articles:

Reference Books:
Cornish, W R, Cases and Materials on Intellectual Property, 3rd Ed. London: Sweet & Maxwell,
1999
P.S Narayanan, Patent Law
Rajshree Chandra, “Knowledge as Property” Issues in the Moral Grounding of Intellectual
Property Rights , Oxford India, 2012
Padmanabhan, A. “Intellectual Property Rights: Infringement and Remedies”, LexisNexis,
2012
N.S.Gopalakrishnan & T.G.Agitha, “Principles of Intellectual Property”, Eastern Book
Company, 2014
Chapter 2 - Subject Matter of Intellectual Property Protection
Chapter 7 - Enforcement of Intellectual Property Rights
Wilkof N,. & Shamnad Basheer., “Overlapping Intellectual Property Rights”, 2013