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Intellectual Property Law Syllabus, Exam Pattern
Intellectual Property Law Syllabus & Pattern
Intellectual Property Law Syllabus
Intellectual Property Law :
Module 1: Introduction to Intellectual Property Law
Overview of Intellectual Property (IP)
1. Definition and scope of intellectual property rights (IPRs).
2. Types of IPRs: Copyright, Trademarks, Patents, Designs, Geographical Indications, Trade Secrets, Plant Varieties, and Semiconductor Integrated Circuits.
3. Importance of IPRs in innovation, creativity, and economic development.
Historical Development
1. Evolution of IP laws in India: Pre-independence and post-independence.
2. Influence of international treaties and conventions.
Constitutional Framework
1. Article 300A: Right to property and its relation to intangible assets.
2. Role of Union Government in IP legislation (Union List, Entry 49).
Key Concepts
1. Ownership, licensing, and assignment of IPRs.
2. Infringement, enforcement, and remedies.
Module 2: Copyright Law
Copyright Act, 1957 (as amended)
Objectives: Protection of literary, dramatic, musical, artistic works, cinematograph films, and sound recordings.
Key provisions:
Section 2: Definitions (e.g., work, author, adaptation).
Section 13: Works in which copyright subsists.
Section 14: Rights of copyright owners (economic and moral rights).
Section 17: First ownership of copyright.
Section 22–29: Term of copyright protection.
Section 51: Infringement of copyright.
Section 52: Fair dealing and exceptions to infringement.
Section 57: Moral rights of authors.
Amendments: 1994, 2012 (digital rights, performers’ rights, and fair use provisions).
Copyright Societies
1. Role of copyright societies like Indian Performing Right Society (IPRS) and Phonographic Performance Limited (PPL).
2. Collective administration of rights.
Case Laws
1. R.G. Anand v. Delux Films (1978): Idea-expression dichotomy.
2. Eastern Book Company v. D.B. Modak (2008): Originality in copyright.
3. Indian Performing Right Society v. Eastern Indian Motion Pictures (1977): Music rights in films.
International Treaties
1. Berne Convention, 1886.
2. Universal Copyright Convention, 1952.
3. WIPO Copyright Treaty, 1996.
Module 3: Trademark Law
Trade Marks Act, 1999 (as amended)
Objectives: Protection of trademarks, service marks, and collective marks.
Key provisions:
Section 2: Definitions (e.g., trademark, service mark, well-known mark).
Section 9: Absolute grounds for refusal of registration.
Section 11: Relative grounds for refusal (likelihood of confusion).
Section 18: Application for registration.
Section 29: Infringement of registered trademarks.
Section 135: Remedies for infringement (injunction, damages).
Amendments: 2010 (simplified registration process, international applications).
Types of Trademarks
1. Conventional trademarks (words, logos, symbols).
2. Non-conventional trademarks (sounds, smells, colors).
3. Well-known trademarks and their protection.
Case Laws
1. Yahoo! Inc. v. Akash Arora (1999): Domain name disputes.
2. Amul v. Kwality Biscuits (2000): Passing off and deceptive similarity.
3. Cadila Healthcare v. Cadila Pharmaceuticals (2001): Likelihood of confusion in pharmaceutical trademarks.
International Treaties
1. Paris Convention for the Protection of Industrial Property, 1883.
2. Madrid Protocol, 1995.
3. TRIPS Agreement, 1994 (Articles 15–21).
Module 4: Patent Law
Patents Act, 1970 (as amended)
Objectives: Encourage innovation and protect inventions.
Key provisions:
Section 2(1)(j): Definition of invention (novelty, inventive step, industrial applicability).
Section 3: What are not inventions (e.g., Section 3(d) – new forms of known substances).
Section 25: Grounds for opposition to patent grant.
Section 64: Grounds for revocation of patents.
Section 84: Compulsory licensing.
Section 92: Compulsory licensing for public health emergencies.
Amendments: 2002, 2005 (product patents for pharmaceuticals, compliance with TRIPS).
Patent Application Process
1. Filing, examination, and grant of patents.
2. Pre-grant and post-grant opposition.
Case Laws
1. Novartis AG v. Union of India (2013): Section 3(d) and evergreening of patents.
2. Bajaj Auto Ltd. v. TVS Motor Co. (2009): Infringement and interim injunction.
3. Monsanto v. Nuziveedu Seeds (2019): Patentability of plant varieties.
International Treaties
1. Paris Convention, 1883.
2. Patent Cooperation Treaty (PCT), 1970.
3. TRIPS Agreement, 1994 (Articles 27–34).
Module 5: Design Law
Designs Act, 2000
Objectives: Protection of aesthetic and ornamental aspects of articles.
Key provisions:
Section 2(d): Definition of design.
Section 4: Prohibition of registration of non-novel or functional designs.
Section 11: Registration and term of protection (10+5 years).
Section 22: Piracy of registered designs.
Cancellation of registration and remedies for infringement.
Case Laws
1. Bharat Glass Tube v. Gopal Glass Works (2008): Originality in designs.
2. Cello Household Products v. Modware India (2017): Design infringement.
International Treaties
1. Hague Agreement Concerning the International Registration of Industrial Designs.
2. TRIPS Agreement, 1994 (Article 25).
Module 6: Geographical Indications
1. Geographical Indications of Goods (Registration and Protection) Act, 1999
2. Objectives: Protection of goods linked to a specific geographical origin.
Key provisions:
Section 2(e): Definition of geographical indication.
Section 11: Application for registration.
Section 21: Rights conferred by registration.
Section 22: Infringement and remedies.
Examples: Darjeeling Tea, Banarasi Saree, Tirupati Laddu.
Case Laws
1. Scotch Whisky Association v. Golden Bottling (2006): Protection of GI.
2. Tea Board v. ITC Ltd. (2019): Misuse of Darjeeling Tea GI.
International Treaties
1. TRIPS Agreement, 1994 (Articles 22–24).
2. Lisbon Agreement for the Protection of Appellations of Origin, 1958.
Module 7: Trade Secrets and Confidential Information
Legal Framework
1. No specific statute in India; governed by common law principles and contract law.
2. Protection under Indian Contract Act, 1872 (Section 27 – restraint of trade).
3. Equitable remedies for breach of confidence.
Key Concepts
1. Elements of trade secrets: Confidentiality, commercial value, and reasonable efforts to maintain secrecy.
2. Non-disclosure agreements (NDAs) and employee contracts.
Case Laws
1. Zee Telefilms v. Sundial Communications (2003): Protection of confidential information.
2. Bombay Dyeing v. Meher Karan Singh (2010): Trade secret misappropriation.
International Framework
TRIPS Agreement, 1994 (Article 39).
Module 8: Plant Varieties and Farmers’ Rights
1. Protection of Plant Varieties and Farmers’ Rights Act, 2001
2. Objectives: Protection of plant breeders’ rights and farmers’ rights.
Key provisions:
Section 15: Criteria for registrable varieties (distinct, uniform, stable).
Section 26: Benefit sharing for traditional knowledge.
Section 39: Farmers’ rights to save, use, and exchange seeds.
Role of the Protection of Plant Varieties and Farmers’ Rights Authority.
Case Laws
Monsanto v. Nuziveedu Seeds (2019): Interface between patent and plant variety rights.
International Treaties
1. International Union for the Protection of New Varieties of Plants (UPOV), 1991.
2. TRIPS Agreement, 1994 (Article 27.3(b)).
Module 9: Semiconductor Integrated Circuits Layout-Design
1. Semiconductor Integrated Circuits Layout-Design Act, 2000
2. Objectives: Protection of original layout designs of semiconductor integrated circuits.
Key provisions:
Section 2(h): Definition of layout-design.
Section 7: Registrable layout-designs (originality, distinctiveness).
Section 17: Term of protection (10 years).
Section 18: Infringement and remedies.
International Treaties
1. TRIPS Agreement, 1994 (Articles 35–38).
2. Washington Treaty on Intellectual Property in Respect of Integrated Circuits, 1989.
Module 10: Enforcement and Remedies
Civil Remedies
1. Injunctions, damages, accounts of profits, and delivery-up of infringing goods.
2. Anton Piller orders, Mareva injunctions, and John Doe orders.
Criminal Remedies
1. Penalties under Copyright Act (Section 63), Trade Marks Act (Section 103), and other IP laws.
2. Role of police and customs authorities in IP enforcement.
Administrative Remedies
1. Role of IP Offices: Controller General of Patents, Designs, and Trade Marks.
2. Opposition and cancellation proceedings.
Alternative Dispute Resolution
Mediation and arbitration in IP disputes.
Case Laws
1. Roche v. Cipla (2012): Patent infringement and interim relief.
2. Louis Vuitton v. Haute Diggity Dog (2007): Trademark parody and fair use.
Module 11: International Framework and India’s Obligations
Key Treaties and Conventions
1. Paris Convention, 1883.
2. Berne Convention, 1886.
3. TRIPS Agreement, 1994.
4. Madrid Protocol, WIPO Copyright Treaty, and Patent Cooperation Treaty.
India’s Compliance
1. Harmonization of domestic laws with TRIPS requirements.
2. Challenges: Compulsory licensing, Section 3(d) of Patents Act, and public health.
Bilateral and Regional Agreements
1. IP provisions in free trade agreements (FTAs).
2. India-EU FTA negotiations and IP issues.
Module 12: Contemporary Issues in IP Law
Emerging Areas
1. Intellectual property in the digital era: Online piracy, streaming, and NFTs.
2. Artificial intelligence and IP: Authorship and inventorship issues.
3. Biotechnology and IP: Patenting of genes and microorganisms.
Challenges
1. Balancing IP protection with public interest (e.g., access to medicines).
2. Counterfeiting and piracy: Enforcement challenges.
3. Traditional knowledge and IP: Protection of folklore and indigenous resources.
Reforms and Policy Developments
1. National IPR Policy, 2016: Objectives and implementation.
2. Simplification of IP registration processes.
3. Promotion of startups and MSMEs through IP facilitation centers.
Intellectual Property Law Exam Pattern
Duration : 60 Minutes
No. of Questions : 50
Total Marks : 100
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