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Copyright & Industrial Property
This paper will enable students to:
- Study Copyright, related rights and Industrial designs
- Study Trademark and Geographical indications
- Study IP management & related issues
Salient features of the copyright Act, Economic rights and moral rights, related rights; certain acts not to be infringement of copyright, copyright registration process, application for registration of copyright; Case study: Delhi University case etc
Ways to protect trademark, differentiate symbol TM, SM, ®; Well-known marks; Infringement and passing-off action; Caution Notice in newspaper, legal notice, examination report; Absolute ground of refusal and relative ground for the refusal, procedure for and duration of registration, trademark journals, Oppositions, collective mark, certification mark; Offences and Penalties and procedure
Difference between GI and trademark, International legislation on GI and India position, registered GI in India, Collective Mark; Procedure for Registration, Duration of Protection and Renewal; Infringement, Penalties and Remedies; GI oppositions and other litigations: Case studies (Tea Board India V. ITC Limited; basmati case, rasgulla case etc
Concept and principles, Subject Matter of Protection and need for Protection, Requirements for protection, The legislation: The Designs Act’ 2000; Procedure for obtaining the Protection, International Law and Policies related to Industrial designs - Paris Convention, Hague Agreement, Locarno Agreement
IP life cycle, IP audit, IP valuation, IP-Exchange, enforcement of IPR
Recommended study resources: books, web-links etc
• Prateek Kasliwal, (2009), Intellectual Property Rights, College Book Centre, 1st edition.
• VK Ahuja, (2009), Intellectual Property Rights in India, Lexis Nexis Publication, 1st edition (Vol.1 and 2).
• P Narayanan, (2001), Intellectual Property Law, Eastern Law House, 3rd edition.
• Latha R Nair & Rajendra Kumar, (2005), Geographical Indications: A Search for Identity, Lexis Nexis Publication, 1st edition.
• VK Ahuja, (2007), Law of Copyright and Neighbouring Rights: National and International Perspectives, Lexis Nexis Publication.
• Lionel Bently and Brad Sherman, (2004), Intellectual property law, Oxford Publication.
• Kailasam and Vedaraman, (2009), Law of Trade Marks and Geographical Indications, Lexis Nexis Publication, 2nd edition.
• Feroz Ali Khader, (2007), The Law of Patents-With a Special Focus on Pharmaceuticals in India, Lexis Nexis Publication, 1st edition.
• N R Subbaram, (2007), Patent Law Practices and Procedures, Lexis Nexis Publication, 2nd edition.
• www.wipo.int
• www.ipindia.nic.in
