CHANAKYA NATIONAL LAW UNIVERSITY

Nyaya Nagar, Mithapur, Patna-800001

(7th Semester)
INTELLECTUAL PROPERTY LAW
Course Module
Academic Session- JulyDecember, 2017
Course Teacher: Dr. Shaiwal Satyarthi
Email ID- [email protected] (Send a check mail along with your
Class Roll Number so that your email ID could be stored for sending
of Study Material)

Objectives:
As we know, Intellectual Property Rights (IPRs) have never been more economically and politically
important or controversial than they are today. Patents, copyrights, trademarks, industrial designs,
integrated circuits and geographical indications are frequently mentioned in discussions and debates
on such diverse topics as public health, food security, education, trade, industrial policy, traditional
knowledge, biodiversity, biotechnology, the Internet, and the entertainment and media industries. In
a knowledge-based economy, there is no doubt that an understanding of IPRs is indispensable to
informed policy making in all areas of human development. It is but natural that in this new
scenario, Intellectual Property Rights should occupy the central stage in the economic development.
A renewed awakening of the role of intellectual property in the countries of the various regions of
the world led to the adoption or revision of national legislation on Intellectual Property Rights (IPR)
as well as to the establishment or modernization of Government structures that administer such
legislation. The changing legal regime of IPR has become one of the crucial issues in the
contemporary relations among nations. Central to such a concern has been the level of protection
sought/contested on the rights at international and transnational level. The issues of IPR have
acquired compelling width in the wake of IPRs agreement, with the WTO at its centre and
monitored by WIPO. The present course has been designed keeping in view the opportunities and
challenges to give in-depth knowledge of IPR to the students pursuing B.A.LL.B/ B.B.A.LL.B five
year program.

MODULE- I
General Regime of Intellectual Property Rights
1. Concept of Property vis--vis Intellectual Property
(a) Concept of Property and Theories of Property - An Overview.
(b) Theories of Intellectual Property Rights.
2. Types of Intellectual Property- Origin and Development- An Overview.
3. Role of International Institutions: World Intellectual Property Organisation (WIPO), World Trade
Organisation (WTO), Patent Cooperation Treaty (PCT) etc.
MODULE- II
Copyright, Neighbouring Rights and Industrial Designs
1. Introduction to Copyright
a) Conceptual Basis
b) International Protection of Copyright and Related rights- An Overview (International
Convention/Treaties on Copyright)
2. Indian Copyright Law
a) The Copyright Act, 1957 with its amendments
b) Copyright works
c) Ownership, transfer and duration of Copyright
d) Renewal and Termination of Copyright
e) Collective Management of Copyright
f) Neighbouring Rights
g) Infringement of copyrights and remedies
3. Industrial Designs (The Designs Act, 2000)
a) Need for Protection of Industrial Designs
b) Subject Matter of Protection and Requirements
c) Procedure for obtaining Design Protection
d) Infringement and Remedies
MODULE- III
Patent Law
1. Introduction to Patent Law
2. Indian Patent Law
a) The Patents Act, 1970
b) Amendments to the Patents Act
c) Patentable Subject Matter, Patentability Criteria
d) Procedure for Filing Patent Applications, Patent Granting Procedure
e) Revocation, Patent Infringement and Remedies
3. Salient Features of Semiconductor Integrated Circuits Layout-Design
MODULE- IV
Trademarks [The Trademarks Act, 1999]
a) Introduction to Trademarks
b) Need for Protection of Trademarks
c) Kinds of Trademarks
d) International Legal Instruments on Trademarks
e) Procedural Requirements of Protection of Trademarks
f) Infringement, Right of Goodwill, Passing Off
g) Domain Names and Effects of New Technology (Internet)
MODULE- V
Geographical Indications
a) The Geographical Indications of Goods (Registration and Protection) Act, 2000
 b) Procedure for Registration, Duration of Protection and Renewal
c) Infringement, Penalties and Remedies

Books:
1. P. Narayanan- Intellectual Property Law
2. B. L. Wadehra- Patents, Trademarks, Designs and Geological Indications
3. W.R. Cornish- Intellectual Property Law
4. Lionel Bently & Brad Sherman- Intellectual Property Law
5. Maskus, Keith E.- Intellectual Property Rights in the Global Economy

Bare Acts:
1. The Biological Diversity Act, 2002
2. The Copyright Act, 1957
3. The Designs Act, 2000
4. The Geographical Indications of Goods (Registration and Protection) Act, 1999
5. The Indian Patents Act, 1970
6. The Protection of Plant Varieties and Farmers' Rights Act, 2001
7. The Semiconductor Integrated Circuits Layout-Design Act, 2000
8. The Trademarks Act, 1999

VIIth- Semester Project Topics

Subject:- Intellectual Property Law
Course Teacher- Dr. Shaiwal Satyarthi
Section 'A'
Roll
Sl.No. Project Topic
No.
1 1101 The role of IPR in protection of Biodiversity.

2 1102 Infringement of trademark by comparative advertising.

3 1103 Registration and licensing of Trademarks: limitations on transfer of goodwill.

Compulsory licensing under copyright law: a study of its impact on music
4 1104
rights.

5 1105 Significance of performers rights in the copyright regime.

6 1107 Trade Secrets- Legal issues

7 1108 Invalidation of Patents - a critical study

8 1109 Registration of Shape of Goods as Trademarks and / or design.

9 1110 Computer Generated Works And Copyright protection.

10 1111 Sui generis Protection of Integrated Circuits.

11 1112 Protection Of Databases.

12 1114 Emerging trends in Digital copyright law.

13 1115 Biotechnology patents and the problem of non-obviousness.

14 1116 Pharmaceutical patenting in India-problem of public access to health.

15 1117 Exhaustion of rights and parallel imports.

16 1118 Academic research and copyright issue.

17 1119 Private home recording of musical works.

Protection of Well Known Trademarks: safeguard against registrability of
18 1120
identical or similar trademarks.
19 1121 Character Merchandising.

20 1123 Spring Board Doctrine- a critical study of Trade secret protection.

21 1124 Biotechnology patenting and bio-diversity protection: resolving conflict.

22 1125 Indian Trade Mark Law: Compliance with the TRIPs.

23 1126 Remedies against trademark infringement.

24 1127 Joint Authorship of copyright works.

25 1128 Visual and phonetic similarity of Trademarks-study of judicial trends in India.

26 1129 Patenting software related inventions: trends in UK and US.

Patent policy and medical procedures: is there any justification for granting of
27 1130
patents?
28 1131 Critical overview of the effect of non-use of trademarks.

29 1132 Contributory infringement and secondary liability for TM infringement.

30 1133 Doctrine of Dilution of Trademarks.

The Territoriality rule of Trademarks in a world without borders: A critical
31 1134
study.
Protection through geographical indications and protection through
32 1136
certification trademarks- International and national trends.
Protection of confidential information-its effectiveness in comparison with
33 1137
other IPR protections.
The relevance of Idea-Expression dichotomy under copyright law in the
34 1140
context of computer programs.
35 1141 Novelty as criteria of patentability-study of UK, US and INDIAN Position.

36 1142 Intellectual Property and Competition policy.

37 1144 Conceptual issues in patenting of life forms.

 Doctrine of work for hire under the copyright law: a critical survey of U.K.,
38 1145
US and Indian cases.
39 1146 A study of patent system in India in the light of the Patent Cooperation Treaty.

40 1147 The effectiveness of the remedies for copyright infringement.

41 1148 Human Rights issues in IPR.

42 1149 Infringment of Copyright

43 1150 Fair Use of Copyrighted Work

44 1151 Patent laws in India-compliance with TRIPs Agreement.

45 1153 Patent rights and antitrust laws in USA

Geographical Indications protection of manufactured goods: study
46 1154
of developments in India
47 1155 Protection of Micro Organism- International Prescriptions.

48 1156 Moral Rights Of Author.

Lord Diplocks dictum in Advocaat case: A study of controversial issues and
49 1157
latest trends in Passing off cases.
50 1158 Passing Off action for protection of the Domain Names.
A critical examination of the Uniform Domain Name Dispute Resolution
51 1159
Policy.
52 1160 Exclusive Marketing Rights and India.

53 1161 Software protection: International instruments and trends.

54 1162 International developments relating to protection of Traditional knowledge.

Traditional knowledge and patent issues: with reference to Basmati, Neem,
55 1163
Turmeric, and Golden rice.
56 1164 Cable television and copyright owners.

57 1165 Secondary Meaning under Trade Mark Law.

58 1166 Patent And Transfer Of Technology.

59 1167 Rights of the Broadcasting Organisations.

60 1168 Biodiversity & IPR: Economic Perspective.

61 1170 Uniform Domain Dispute Resolution Policy: A Critical Analysis.

Secondary meaning / acquired distinctiveness as criteria for trademark
62 1171
protection.
63 1172 Doctrine of Equivalence and prior history estoppel-critical analysis.

64 1174 Analysis of extended passing off in UK and India

65 1175 Doha Declaration- a critical analysis

 66 1176 Critical analysis of Napster case and post-Napster developments.

67 1177 Protection of multimedia works under the copyright regime.

The concept of originality under the copyright law-study of judicial
68 1178
response
The sui generis protection to the plant varieties: farmers rights v. breeders
69 1179
rights.
70 1181 Clear and complete disclosures in patent applications.
Access and benefit sharing mechanism with respect to use of genetic
71 1182
resources.
Version recording, remixing and medleys-impact on copyright owner of
72 1183
musical works.
73 1185 Prior use and prior publication as obstacles o patenting of inventions.
Cybersquatting and trademark issues-Uniform Domain Dispute Resolution
74 1186
Policy.
75 1188 Satellite Communication and copyright Protection.

76 1189 Bioinformatics and Intellectual Property.

Traditional Knowledge Digital Library in India: Impact on
77 1190
Patent Examination
78 1191 Licensing of copyright works - drafting of licensing agreements.

79 11903 Fair dealing as a defense to an action for infringement of copyright.

80 11908 Bolar Exception under the patent law regime.

81 11915 Economic analysis of Intellectual property rights.

82 11934 Drafting and Interpretation of Patent claims.

Traditional knowledge protection through the existing copyright regime-
83 11966
experience in US, Australia and India.
84 11949 Need for law on Data Exclusivity in India
Protection of Lay out design for Integrated Circuits: Comparative Study of US
85 119701
and Indian laws

Section 'B'
1 1201 Myriad Patent casea critique
Open standards in e-governance in India: implications on IP protection
2 1202
and standards
3 1203 Non- patentability on the basis of ordre public and morality
Rights of the Broadcasting Organisations: international developments
4 1204
and implications on India
5 1205 Moral Rights of authors and performers
Significance of the protection of GI through Certification trademarks in
6 1206
India and US
7 1207 Protection of the Breeders and farmers rights UPOV and PPVFRA.

8 1208 Exclusion of Methods of Medical Treatment from patentability

The recognition of service marks as protectable marks-Indian law and US
9 1209
experience.
Right of Persons with disability to Access to knowledge including copyrighted
10 1210
materials: Developments in International regime and Indian copyright law.
11 1211 Comparative advertisement and Trademark study of Indian and UK Laws.

12 1212 Standards, competition and Intellectual Property: study of US position

Descriptive Marks: factors to determine secondary meaning for acquiring
13 1213
distinctiveness
Enforcement of Intellectual Property Rights with particular reference to the
14 1214
border Security Measures.
15 1215 Diamond Vs Chakraborty - a case review

16 1216 Trade dress protection-comparative study of US and Indian position.

Graphical Representation of Non-conventional Trademarks: study of
17 1217
US, Europe and Indian system.
Non- obviousness in Biotechnological Inventions: study of US and EPO
18 1218
position
19 1219 Open Source software and copyright interface

20 1220 Patentability issues under EPC relating to Computer Invented Inventions

Copyright protection for computer generated works in the light of end user
21 1222
licensing agreement
22 1223 Impact of Inequitable conduct on patent validity : study of US Patent Law
International Treaty for Plant Genetic Resources for food and agriculture:
23 1224
study of multilateral system of ABS

24 1225 WTO Dispute Settlement Mechanism

25 1226 Concept of substantial similarity in copyright infringement cases.

Interface between Intellectual Property and Competition policy: safeguards
26 1227
against anticompetitive activities of IP owners
Protection of Lay out design for Integrated Circuits: comparative study of US
27 1228
and Indian laws
28 1229 Designs protection: study of developments in WIPO.

29 1230 Copyright protection for databases in UK and India

Character Merchandising and Personality Merchandising protection in UK and
30 1231
tests for judging misrepresentation thereon
31 1232 Search Engines and copyright: How far a fair use defense?
 Limitations and exceptions for Libraries and Archives
32 1233
under the copyright law.
33 1234 Data protection: Need for a legislation in India?

34 1235 Licensing of copyright and abuse of dominant position in EU

Trademark infringement and Comparative advertising: position in US, UK and
35 1236
India.
36 1237 Utility Model Patent system for India: a critique

37 1238 Abuse of Patents

38 1239 Exploitation of Patents

39 1240 Implications of grant of Compulsory licensing of Patent in India.

40 1241 Disclosure of Source of biological materials in Patent application: a critique

41 1242 Extent of protection of Dramatic work: UK and Indian position

42 1243 Intellectual Property Rights as human rights: analysis.

43 1244 Patenting of Living organisms under the European Patent Convention

Determining Novelty of the claimed Invention: study of US and Indian Patent
44 1245
system
45 1246 Nanotechnology and Patent process: response by Patent Offices?

46 1247 Prior art issues in Patenting

47 1248 Patent filing procedures in Indian context

48 1249 Patent drafting and specification- salient features and critical issues

49 121005 Invalidation of Patents - a critical study

50 121037 Defenses and Remedies in patent Infringement