LO 0509 Intellectual Property Rights I :
Objectives of the Course : Intellectual Property has acquired tremendous role in the present technology driven economy throughout the world. The significant factors that contribute for the development of International Law of Intellectual Property Rights are expansion of voluminous trade; increasing interdependence of international commerce; the development of science and technology and the flow of communication. Due to the vastness of the subject it has been divided into two courses. Course-I gives a subtle back ground to the international perspective in a nutshell while the application of it in the National Regime is placed in course – II in a subtle manner. This course is designed with intend to familiarize the students with
Concept, nature, characteristics and internationalization of Intellectual Property. It also involves the study of important international instruments in the field of Intellectual Property with more emphasis on TRIPS agreement and the current issues.
Module 01 Introduction to Intellectual Property Rights :
1. Definition, Concept and Nature of Intellectual Property, Theories of Intellectual Property, Distinction between Intellectual Property and other tangible and intangible properties, Non-rivalrous nature of Intellectual Property, Kinds of Intellectual Property
2. Need for Protecting Intellectual Property- Policy Consideration, Importance of Intellectual Property in the present era, Monopoly v. Public Interest
3. Origin and Development of Intellectual Property, Internationalization of Intellectual Property Rights
4. Pre-TRIPS Scenario, Formulation of TRIPS, Basic Principles and Objectives of TRIPS,TRIPS and WIPO-WTO Cooperation, Transfer of Technology and TRIPS, The TRIPS Agenda, Critique of TRIPS
5. The Paris Convention for the Protection of Industrial Property, History, features and General Provisions
Module 02 Law of Copyright and Neighboring Rights :
1. Meaning and definition of Copyright, Neighboring rights (Related rights) and Secondary Rights
2. The Berne Convention for the Protection of Literacy and Artistic Works History, General Provisions, Developing Countries and the Berne Convention.
3. TRIPS provisions related to protection of Copyright.
4. Protection of technology-based works (such as computer programs and electronic databases), Secondary rights, Broadcasting rights
Module 03 Patent Law :
1. Meaning, Concept and Nature of Patent
2. The Patent Cooperation Treaty (PCT), History, Objectives of the PCT, Functioning of the PCT System, Advantages of the PCT System
3. Patent law harmonisation under TRIPS Agreement – Patentable subject Matter, Patentability Crieteria, Non-Patentable inventions, Exceptions to Patent Rights, Compulsory Licences, Local working condition, Importation of patented goods, etc.
4. The Doha Ministerial Conference 2001
5. Introduction to the Budapest Treaty
6. Doctrine of Equivalents, Public dedication Rule, Patent Exhaustion, Patent Misuse, Enforceability of Patent Rights
Module 04 Law of Trade Marks :
1. Meaning and Nature of Trade Marks, Kinds of Marks, Well Known Marks
2. The Madrid Agreement Concerning the International Registration of Marks, Objectives, the Madrid System, Basic Features, Advantages of the System 3. Trademarks and the TRIPS Agreement
Module 05 Protection of Industrial Designs :
1. Meaning and definition of Industrial Designs
2. Industrial Designs Vs. Copyright
3. Introduction to the Hague Agreement Concerning the International Registration of Industrial Designs, Benefits of Accession to the Hague Agreement
4. Protection of Industrial Designs under TRIPS
Module 06 Conventions and Treaties relating to other Intellectual Properties :
1. Definition and Concept of Geographical Indications, Layout Designs, Trade Secret, Plant Varieties, etc.
2. Lisbon Agreement for the Protection of Appellations of Origin
3. Protection of Geographical Indications, Layout Designs and Trade Secret under the TRIPS Agreement
4. The UPOV Convention
Module 07 Current IP Issues :
1. Access to Genetic Resources and Benefit Sharing
2. Intellectual Property and Human Rights
3. Protection of the rights of indigenous people
4. IP protection and its impact on right to food security and public health
5. Environmental Protection and Intellectual Property
6. Protection of Bio-diversity and Traditional Knowledge - Economic, Social, Cultural and Ethical Dimensions
Recommended Readings :
1. Kamil Idris, Intellectual Property: A Power tool for Economic Growth, WIPO.
2. Tzen Wong and Graham Dutfeild, Intellectual Property and Human Development – Current Trends and Future Scinarios, Cambridge Press.
3. UNCTAD-ICTSD. (2005). Resource Book on TRIPS and Development. New York: Cambridge University Press.
4. William Cornish and David LLewelyn, Intellectual Property : Patents, Copyright, Trade Marks, and Allied Rights. London: Sweet and Maxwell.
5. Carlos Correa, Implementing TRIPS in developing countries. Third World Network.
6. Catherine Colston, Principles of Intellectual Property Law. London: Cavindish Publishing Ltd.
7. Choudhary D. N., Evolution of patent Laws. New Delhi: Capital Law House.
8. Epstein M A, Epstein on Intellectual Property (Indian Reprint). New Delhi: Wolters Kluwer Law and Business.
9. Feroz Ali Khader, The Law of Patents - With a special focus on Pharmaceuticals in India, LexisNexis Butterworths Wadhwa, Nagpur.
10. Ganguli Prabuddha, Intellectual Property Rights - Unleasing the Knowledge Economy. New Delhi: Tata McGrawh-hill Publishing Company Ltd.
11. Gopalkrishnan N S, and Agitha T G, Principles of Intellectual property. Luckhnow: Estern Book Company.
12. Gregory Stobbs, Software Patents Worldwide, Wolters Kluwer.
13. Jayshree Watal, Intellectual Property in WTO and Developing Countries. New Delhi: Oxford University Press.
14. Michael Blakeney, Trade Related Aspects of Intellectual Property Rights: A concise Guide to the TRIPS Agreement.
15. Parmeswaran Narayanan, Intellectual Property Law, Eastern Law House.
16. Rao M B and Guru M, Understanding Trips Managing Knowledge in Developing Countries. New Delhi: Response Books
17. Robert Merges andJohn Duffy, Patent Law and Policy: Cases and Materials, 2017.
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