Objectives: This paper will enable students to:
Concept and principles, Kinds of Trademarks, Salient feature of Trade Marks Act, 1999, Unconventional Trademarks, Trade-dress protection, Right of goodwill, Distinction between a collective mark and a certification mark, Exclusive rights of a trademark owner, International Law and Policies related to Trademarks, Well-known marks and its protection under the Paris Convention and the TRIPS Agreement, Generic trademarks, Factors in Dilution of Trademark and Goodwill
Conditions for protection of a trademark, Classification of trademark, conducting search for an available trademark, Procedural requirements of Protection of Trademarks, Information required to file a Trade mark, preparing documents for filing an application for trademark, Trademark Registration Steps, Jurisdiction of Offices of the Trade Marks Registry, examination report, Absolute ground of refusal and relative ground for the refusal, responding office action, Oppositions
Deceptive dissimilarity, Infringement, Passing-off, Trans-border enforcement, Remedies for Trade Mark Infringement, litigation, Licenses and Assignment
Introduction of the concept Geographical Indications, International legislation on GI and India position, Salient features of the Geographical Indications of Goods (Registration and Protection) Act 1999; GI Registration Process and Procedure for Filing GI, Distinction between Geographical Indication, Trade Mark, Collective Mark and Appellation of Origin, Infringement & Remedies of Geographical Indication, Impacts of GI registration in India: Case studies, GI oppositions and other litigations: Case studies (TEA BOARD INDIA V. ITC LIMITED; basmati case etc
Domain names Subject Matter of Protection and need for Protection, Requirements for protection, cybersquatting and other related matters
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.
• Lionel Bently and Brad Sherman, (2004) Intellectual property law, Oxford Publication.
• 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.