Intellectual Property Law

Intellectual Property Law

The concept of Intellectual Property; Definitions, Nature and Scope, Subject Matter of Intellectual Property, Historical Development of Intellectual Property, Classification, Copyright, Trademarks, Patents, Industrial Design, Role and Contribution of Intellectual Property, Evaluation of Intellectual Property;

Copy Right: Definition, Range and Aim of Copyright, Origin and Development of Copyright Law; Reasons for Copyright Protection, Types and Quality of Subject Matter, Terms of Copyright, Dual Concepts of Copyright Protections, Subject Matter of Copyright Protection, Copyright Registration, Protection of Copyrights, Exceptions to the Copyright Protection, Licensing, Duration of Protection, Plagiarism, Piracy, Remedies against Piracy, Copyright Board, Copyright Problems on Audio and Video Coping, Computer, Software, Data Base and Output, Cable and Satellite Transmission, Copyright Infringement and Remedies;

Publication of Books (Regulation and Control) Ordinance, 1965, Aims and Objects of the Legislation, Definitions, Restrictions on Publication of Books or Works, Application for Permission, Appeal, Penalty, Jurisdiction of the Court, Bar to Civil Suit;

Patent and Design: Growth and Purpose of Patents and Design Laws, Historical Development, Justifying Patent System, Patentable Subject Matter, Grant of Patent, Terms and Procedures, Optimum Terms for Patent, Licenses and Revocation of Patent, Rationale Behind Patent System, Requirements of Patent Application, The Doctrine of Exclusive Rights, Scope, Exceptions and Compulsory Licenses, Duration of Protection, Infringement of Patent Rights, Defenses to Infringement and Revocation, Patent and Technological Development, Licensing and Transfer of Technology, Policy Objective of Design Protection, Registration of Design, Duration of Protection, Rights Conferred by Registration, Inspection and Cancellation of Registration, Certificate of Design, Exclusive Rights, Piracy of Registered Design, Power of Controller;

Trade Marks: Historical Development, Purpose of Protecting Trade Marks, Definition of Trademarks and Trade Names, Service Marks, Distinctions, Functions of Trademarks and Trade Names, Economic Importance of Trademarks and Trade Names, Service Marks, Condition of Registration, Procedure and Duration of Registration, Effects of Registration, Reasons for Protecting Trademarks and Trade Names, Certification of Trademarks, Objects and Policy Considerations in Trademark Law, Signs Which may Serve as Trademarks, Collective Marks and Certification Marks, Criteria of Protectability, Doctrine of Distinctiveness, Secondary Meaning of Marks, Special Types of Marks, Acquisition of Trademarks Rights, Scope of Protection, Exclusive Rights, Exception to the Scope of Protection, Assignment and Transfer of Trademarks Rights, Licensing of Trademarks Rights,   Protect Piracy and Counterfeiting, Unfair Competition, Violation of Trademarks Rights, Infringement and Passing off Actions, Remedies against Violation, Jurisdiction, Infringement and Penalty, Appeals;

International co?operation in intellectual property; Paris and Berne Convention for the Protection of Intellectual Property, TRIPS and other conventions; New Trends and Development, World Intellectual Property Organization, Intellectual Property in Southeast Asia: Recent Legislative and Institutional Development;

Relevant Laws:

1. Patent and Design Act, 1911

2. Patents and Design Rules, 1963

3. Trademarks Acts, 1940

4. Trademarks Rules, 1962

5. Copyright Act, 2000

6. Paris Convention for the Protection of Industrial Property, 1883

7. Madrid Agreement Concerning the International Registration of Marks, 1891

8. Berne Convention for the Protection of Literary and Artistic Works, 1866

9.  Universal Copyright Convention, 1952

Books Recommended:

1. Oxford Intellectual Property Law (2nd Edition) by Lionel Bently and Brad Sherman

2. Modern Intellectual Property Law (2005) by Catherine Colston

&. Middl Colston

3. Intellectual Property Law (2008) by Lionel Bently and Brad Sherman

4. Law of Intellectual Property by Utshell

5. Intellectual Property Law by P. Narayanan

6. Law Of Intellectual Property Rights (2004)

by Shiv Sahai Singh

7. WIPO Intellectual Property Handbook: Policy, Law and Use: WIPO Publication

8. Intellectual Property Law (2nd Edition) by Jennifer Davis

9. Intellectual Property (Third Edition) by W.R Cornish

10. Patents law (Third Edition)by P. Narayanan

11. Law of Trade marks and Passing-Off by P. Narayanan

12. International copyright by Stewart

13. Trade Marks and Trade Names by Kerly

14. Law of Patents fifteenth Edition by Terrell

15. Patents for inventions (Fifth Edition) by T.A Blanco While

16. World Intellectual Property Related Documents:

Leading Cases:

1. Hubbard v. Vosper (1972) 1 AIR (CA) 1023

2. University of London Press v. University Tutorial Press (1916) 2 Ch.601

3. Beloff v. Pressdram (1973) 1. AII 241.

4. American Cynamid v. Ethicon (1975)

5. Norwich Pharmacal Co. v Commossioner of Custom and Excise (1971).

6. Anton Piller K.G. V. Manufacturing Process Ltd.(1976),

7. M/S Zenith Pharmaceuticals Ltd. Vs. British Pharmachol Ltd. 20 DLR 1171

8. Singer V. Loog (1881) 18 CHD 395

9. Ervin Warnink V. Townend (1980) (HL)

10. Spadling v Gamags (1915) (HL)

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)