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Course Contents/Syllabus:

Module I: Introduction 15

Concept of Property: Tangible and Intangible Property;


Intellectual Property: Origin, Development and Relevance: National and International perspectives
Classification of Intellectual Property: Industrial and Copyright
Justification of Intellectual Property

Module II: Patent Law 25


Nature, Definition and Scope of Patent Law;
Patentable Subject Matter-Invention and Discovery, Patentable and Non-Patentable Inventions, Patent
Protection to Biotechnological Inventions, Computer Software and Pharmaceuticals;
Criteria for Patent: Novelty, Inventive Step, Industrial Applicability, Written Description and Best Mode;
Procedures for Granting Patent and Grounds of Opposition;
Patent Acquisition, Infringement of Patents, Patent Claims and Specification;
Compulsory Licenses;

Module III: Copyright and Related Rights 20


Nature, Scope and Development of Copyright;
Conditions for Grant of Copyright;
Extent of Rights and Exceptions to Copyright Protection;
Fair Use Provision;
Copyright Protection to Computer Database and Software and Digital Copyright;
Assignment and Licensing; Compulsory Licensing and Statutory Licensing;
Moral Rights;
Neighboring Rights;
Infringement Penalties and Remedies;

Module IV: Trade Marks 20


Evolution, Objective, Definition of Trade Marks, service marks ;
Domain names;
Registration, Concurrent Registration, Procedure for Registration-Filing, Examination, Opposition and
Registration;
Assignment, Transmission and Licensing of Trademarks;
Infringement and Passing-off;
Penalties and Remedies;
Withdrawal of protection;
Passing off

Module V: Plant Varieties Protection & Geographical Indication and Designs Act 20

Plant Varieties Protection Act, 2000: Objectives and Rationale behind the Act;
Criteria of fulfillment, Exclusions;
Benefit sharing, Farmers rights, Community Rights;
Compulsory License;
Geographical Indications of Goods (Registration and Protection) Act, 1999: History, Definition and
Rationale;
Rights conferred;
Designs Act, 2000: Meaning of Design;
Conditions for grant of protection;
Ambit of Protection
Exceptions

Pedagogy for Course Delivery:


The course will be conducted using lectures, assignments, IP moots and student writings (essays). Keeping in mind the versatility of IP
laws, students will be encouraged to do inter-disciplinary work so that they can develop better understanding of the role of IP in
agricultural, industrial and scientific innovation. In addition to this, students would be encouraged to participate in IP law seminars and
make class room presentation on relevant aspects of IP law
Lab/ Practicals details, if applicable: NA

List of Experiments: NA

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

100% NA 100%
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop P/S/V CT A C EE
down)
Weightage (%) 10 10 5 5 70
Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term


Examination
Components (Drop NA NA NA NA NA
down
Weightage (%) NA NA NA NA NA

Text and References:

Text
Cornish, W. R., Intellectual Property (London: Sweet & Maxwell, 1996);
Cornish, Llewelyn & Aplin, Intellectual Property (Sweet & Maxwell, 2013)
P. Narayanan (Eastern Law House), Intellectual Property Law
Dr. M.K. Bhandari, Law relating to Intellectual Property Rights, Central Law Publications
Bently and Sherman, Intellectual Property Law (OUP, latest edition (currently 2008)
Law Relating to Intellectual Property Rights by V. K. Ahuja (latest 2013)
References
Journal of Intellectual Property Rights (NISCAIR)
The WIPO Journal
Oxford Journal of Intellectual Property Law & Practice

Mayank Kapila, Assistant Professor(Law)


Amity Law School NOIDA (ALS-I)
_______________________________
Date: 05/05/15 Name, Designation, Organisation

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