COURSE: INTELLECTUAL PROPERTY RIGHTS

CODE:

TERM: 5

CREDITS: 2

MBA- 2022-2023

1. Introduction to the Module:

Intellect is given by the Almighty to humanity thereby giving an opportunity to create intellectual
treasure for the generations to come. It, however, becomes significant to grant protection to the
property which takes birth out of the intellect of the creators. This creation is termed as intellectual
property, e.g., books, sculptures, entertainment industry, goodwill through a trademark etc. The
intellectual property rights give rise to monopoly, and it becomes the bone of contention for the human
rights protagonists as they find these rights being anti-competitive. But it is essential to understand the
labour of the creators and grant them some incentives for a limited period to continue with the
opportunity to create legacy behind for the coming generations. Everyone must be aware of these rights
to learn how to protect the same since everyone is a creator of something like a film, a book, a sculpture
and so on. In a nutshell:

 This course is to acquaint the students with basics of intellectual property rights with special
reference to Indian law and practice.
 To make students aware about the national and international concerns about granting protection
to the intellectual property.
 To lay the foundation for every student to understand the rationale to protect the intellectual
creations and this would help them in future in their academic and commercial endeavors.

1. General Course Information

1.1 Course Details

Course: Intellectual Property Rights
Code: MBA
Term:
Level: Postgraduate
Credits : 2
Contact: Deeksha Tewari

1
 Prerequisites:
1.2 Course Faculty
Module Leader: Deeksha Tewari

Module Tutor: Deeksha Tewari

1.3 Class and tutorial details:

Classes for this course shall be scheduled thrice a week. 2/3 tutorial sessions shall also be conducted for
this course.

2. Learning Outcomes
2.1 LEARNING OUTCOME
At the conclusion of this course, students are expected to:
 Understand the key concepts in the different areas of intellectual property.
 Develop an understanding of the justification and rationales for protecting intellectual property.
 Demonstrate knowledge and understanding of the appropriate procedures for obtaining
intellectual property protection.
 Understand the requirements that need to be met to establish infringement of intellectual
property rights.
 Understand the purpose of certain international conventions in the area of intellectual property.

2.2 Course learning outcomes, program learning outcomes and assessments:

Course learning outcomes Program learning outcomes Assessments
 Understand the key LG2: An ability to acquire, Class participation/ continuous
concepts in the analyze and understand data assessment.
different areas of and information for managerial
intellectual property. decisions

 Develop an LG3: Critical thinking and Research project

understanding of the informed judgment leading to
justification and problem solving, decision-
rationales for protecting making and negotiating skills
intellectual property.

 Demonstrate LG4: Cognitive flexibility which End term closed book examination
knowledge and enables adaptability to
understanding of the uncertainty in a rapidly
appropriate procedures changing business environment

2
 for obtaining
intellectual property
protection.

 Understand the
requirements that need
to be met to establish
infringement of
intellectual property
rights.

 Understand the
purpose of certain
international
conventions in the area
of intellectual property.

2.3 Relationship of this course with other courses conducted in the

Same term:
Other terms:

3. Learning Resources
3.1 Required Resources (Recommended Texts/Reference Books used, Recommended Resources):
Textbook: V. K. Ahuja, Intellectual Property Rights, Lexis Nexis (2017 edn.

Recommended Readings: A. K. Bansal, Law of Trademark In India, Thomson & Reuter (2014)
Alka Chawla, Law of Copyright: Comparative Perspective, Lexis Nexis (2013).
B.L. Wadhera, Law Relating to Intellectual Property, Universal Law Publishing, 5th edn., (2014).
Catherin Colston and Jonathan Galloway, Modern Intellectual Property Law Routledge, 3rd edn. (2010).

Chris Reed, Internet law: Text and Materials, Delhi: Universal Law Publishing Co. under special
arrangement with Cambridge University Press, U.K., 2 nd Indian Reprint (2010).

Jayashree Watal, Intellectual Property Rights in the WTO and Developing Countries, Oxford University
Press (2001).
N.S. Gopalakrishnan & T.G. Ajitha, Principles of Intellectual Property, Eastern Book Company,2nd edn
(2014).
P. Narayanan, Intellectual Property Law, Eastern Law House, 3rd edn (2017).

3
W.R. Cornish, Intellectual Property: Patents, Copyright, Trademark and Allied Rights, Universal Law
Publishing (2001).
WIPO, Intellectual Property Handbook: Policy, Law and Use, Geneva, 2nd edn. (2004).

3.2 Recommended resources

3.3 Online resources

4. Learning and Teaching Activities:

 Involvement of the students and their active participation in the class discussions.
 Innumerable illustrations to understand the technicalities of the subject.
 Judicial Pronouncements.
 It all includes the readings from all the sources available from a book to the celluloid films.

4.1 Module overview:

Session Title Linked Activity Pre-Class Readings

No.

Unit I
 1 General Introduction to To make students  Books and WIPO material
intellectual property understand the initial
rights and the rationale background of IP and the
behind the protection of importance of the same
the same. in changing scenario
 2 Meaning of copyright A very technical area of IP  Books by Indian authors V. K
and idea expression and requires more than the Ahuja and Alka Chawla on
prescribed hours. Readings copyright and Judicial
dichotomy and the will include books, articles pronouncements
amendments in and judicial R.G. Anand v. Delux Films &
copyright law pronouncements. Ors. PTC (Suppl) (1) 802 (SC);
Classes of work AIR 1978 SC 1613

4
 protected under the Donohgue v. Allied Newspapers
Copyright Act, 1957 (S. Ltd. (1937) 3 All ER 503 (For
reference)
13)
Anil Gupta & Anr. v. Kunal
Dasgupta & Ors. 2002 (25) PTC
1 (Del)

 3 Meaning of copyright as R.G. Anand v. Delux Films &

economic right (S. 14) Ors. PTC (Suppl) (1) 802 (SC);
AIR 1978 SC 1613
The concept of Eastern book Company & Ors v.
ownership (17)
D.B. Modak & Anr 2008 (36)
PTC 1 (SC)

Relx India Pvt. Ltd. & Anr. v.

Eastern Book Company & Ors.
2017 (69) PTC 217 (SC)

Krishika Lulla & Ors. v. Shyam

Vithalrao Devkatta & Anr. 2016
(65) PTC 312(SC)

 4 The term of copyright R.G. Anand v. Delux Films &

and the moral rights and Ors. PTC (Suppl) (1) 802 (SC);
AIR 1978 SC 1613
neighboring rights
Anil Gupta & Anr. v. Kunal
Dasgupta & Ors. 2002 (25) PTC
1 (Del)

Eastern book Company & Ors v.

D.B. Modak & Anr 2008 (36)
PTC 1 (SC)

Relx India Pvt. Ltd. & Anr. v.

Eastern Book Company & Ors.
2017 (69) PTC 217 (SC)

5
 Krishika Lulla & Ors. v. Shyam
Vithalrao Devkatta & Anr. 2016
(65) PTC 312(SC)

 Amar Nath Sehgal v. Union of

India & Anr. 2005 (30) PTC 253
(Del)

Manu Bhandari v. Kala Vikas

Motion Pictures Ltd. AIR 1987
Del 13 (For reference)

Super Cassettes Industries Ltd v.

Music Broadcast Pvt. Ltd 2012
(50) PTC 225 (SC)

 5 International Copyright  R.G. Anand v. Delux Films &

Order (40-41) Ors. PTC (Suppl) (1) 802 (SC);
AIR 1978 SC 1613
Assignment and licensing
including compulsory Anil Gupta & Anr. v. Kunal
licensing Dasgupta & Ors. 2002 (25) PTC
Copyright infringement 1 (Del)

and exceptions to it
Eastern book Company & Ors v.
D.B. Modak & Anr 2008 (36)
PTC 1 (SC)

The Copyright Act, 1957

section- 40

 6 Copyright and digital era, The Copyright Act, 1957.

Remedies and brief Sections 51, 31A, 31B and Case
laws
introduction to copyright Chancellor, Masters &
societies and Copyright
Scholars of University of Oxford

6
 Board & Ors v. Rameshwari
Photocopy Services & Ors,
2017 (69) PTC 123(Del) (DB)

Books- Vakul Sharma and

Pawan Duggal , Articles as
available, Google Books Case.

 The Copyright Act, 1957

 7 Tutorial
Unit II

8 Rationale of protecting a Seemingly easy and Books by Prof. Ashwani Bansal

trademark and meaning interesting but full of on Trademarks and V K Ahuja
technicalities and to make Judicial pronouncements and
of trademark. Functions the students aware of the websites wipo.int for the
of trademark. Definitions nuances of the subject International Conventions
Registration of a trade
mark; absolute grounds
of refusal of registration.
 9 Relative grounds of  Royal Orchid Hotels Ltd. v.
refusal of registration. Kamat Hotels (India) Ltd. & Ors.
2018 (73) PTC 42 (SC)

Canon Kabushiki Kaisha v.

Assistant Registrar of Trade
Marks & Ors 2009 (39) PTC 530
(IPAB) (Refer)

Conopco Inc. v. Banwari Lal

1998 (18) PTC 38 (Del.). (For
reference)

 10 Effect of registration and  Section 28 of the Trademarks

other related concepts, Act
Cadila Health Care Ltd v. Cadila
Passing off action
Pharmaceuticals Ltd 2001 (21)

7
 PTC 300 (SC)

N.R. Dongre v. Whirlpool

Corporation 1996 (16) PTC 583
(SC)

Milment Oftho Industries & Ors.

v . Allergan Inc. 2004 (28) PTC
585 (SC)

Midas Hygiene Industries P. Ltd.

& Anr. v. Sudhir Bhatia & Ors.
2004 (28) PTC 121 (SC)

T.V. Venugopal v. Ushodaya

Enterprises and Anr. 2011 (45)
PTC 433 (SC).

 11 Infringement of trademark Parle Products (P) Ltd. v. J. P.

Same goods and services and Co., Mysore AIR 1972 SC
1359
Similar goods and services

Time Incorporated v. Lokesh

Different goods and services in well-
Srivastava & Ors. 2005 (30) PTC
known trademarks
3 (Del.). (For reference)
Infringement through use on
Toyota Jidosha Kabushiki
packaging, business papers, parallel
Kaisha v. Prius Auto Industries
imports
Ltd. & Ors. 2018 (73) PTC 1 (SC)
Infringement through spoken words
Kapil Wadhwa & Ors. v.
or visual representation
SAMSUNG Electronics Co. Ltd.
& Anr. 2013 (53) PTC 112 (Del.)

8
 (DB)

Hamdard National Foundation

& Anr. v. Hussain Dalal &
Ors.2013 (55) PTC 216(Del)

For reference: Consitex S.A v.

Kamini Jain & ors. 2011 (47)
PTC 337 (Del.)

12 Comparative advertising Colgate Palmolive (India) Ltd.

v. Hindustan Unilever Ltd 2013
(55) PTC 499 (Del.)

[Illustrative
cases : Dabur India Ltd. v.
Colortek Meghalaya Pvt. Ltd,
2010 (44) PTC 254 (Del.) (DB).
Frankfinn Aviation Services Pvt.
Ltd. v. Akash Gupta 2010 (42)
PTC 294 (Del).]

13 Domain names, Articles as Available

remedies and UDRP Satyam Infoway Ltd.
assignment and v. Sifynet Solutions
licensing, Intellectual
Pvt. Ltd. 2004 (28)
Property Appellate Board
PTC 566 (SC)

Illustrative cases: Online

India Capital Co. Pvt. Ltd .v.
Dimensions Corporate (2000)
102 Comp Case 352 (Del).
Consim Info Pvt. Ltd. v. Google
India Pvt. Ltd. 2013 (54) PTC
578 (Mad.) (DB)

14 Rationale of protecting a To make the students aware Books: V.K Ahuja, P.

of the importance of the

9
 patent and the protection of research and Narayanan.
introduction to patent development as well as how
to file the application for The Patents Act, 1970)
law patent
International Monsanto Technology LLC
Conventions and Thru the Authorised
Treaties, Definitions, Representative Ms. Natalia
conditions for Voruz & Ors v. Nuziveedu Seeds
Ltd. thru the Director & Ors
patentability and non- 2019 (77) PTC 258 (SC)
patentable inventions Novartis AG & Ors. v.
Union of India 2013 (54) PTC 1
(SC)

15 Restoration of designs
and duration of
protection, Piracy in
designs and remedies
thereof S 22-26, Powers
of Controller of designs,
Power of Central
Government
16 Procedure for filing patent The Patents Act, 1970
application (provisional and
complete specifications) 6-53, Bayer Corporation v. Union of
India 2014 (60) PTC 277 (Bom.)
Revocation of patents S. 64.,
(DB)
Compulsory Licensing 82-92A
and use by the Government
Parallel Imports 107 A
17 Rights of patentee, Patent Books of Prof.
infringement and defenses 47-48, Ashwani Bansal and
104-107 V K Ahuja judicial

Introduction to Design law and pronouncements

rationale for granting protection to
https://iiprd.wordpress.com/
the same, Brief introduction to tag/designs-act/
International Conventions and
Treaties relating to the designs, https://
Definitions (S. 2), Registration of classroom.google.co
design: conditions, procedure S 3-9,
m/u/1/c/
S 16, S 21, Effect of registration and

10
 copyright in designs and cancellation NTM1NTIxODkxMjN
of designs (S. 19) a/m/

Meaning and Essentials of Trade

ODkyMTEzMTUyND
Secret – Justification of Trade Secret Na/details
as an Intellectual Property Right –
Trade Secret v. Patent – Trade
Secret as a Tort of Misappropriation The Designs Act, 2000
– Trade Secret Protection in India –
Infringement, Defences and http://www.ipindia.nic.in/
Remedies. writereaddata/images/pdf/
design-registration.pdf
Geographical Indications,

Protection of Plant Variety

Assessments:
Assessments for Courses are based on the following four principles:
 Assessment must encourage and reinforce learning.
 Assessment must enable robust and fair judgments about student performance.
 Assessment practices must be fair and equitable to students and give them the opportunity to
demonstrate what they have learned.
 Assessment must maintain academic standards.
5.1 Assessment summary
S. No. Written/Oral/Project Group/Individual PLGs MLGs
assessed assessed

1. Componenet1: Individual L2, L3, L4 MLG1,3

Continuous assessment
through case studies
(20Marks)
2 Component 2: Research Group L2, L3, L4 ML2,3
Project and presentation
(20 marks)
3 Component 3: case Individual L2, L3, L4 MLG1,2,3

11
 study analyses (60
marks)

5.2 Assessment related details

 If a student is absent on the scheduled date of (internal) assessments, she/he shall be given one
more option to reappear in the same, provided the faculty is convinced that the reason for
absence is genuine. Inability to attend the reappear assessment will result in the student being
awarded zero.
 Group assessments shall not be repeated. In case a student is absent on the day of presentation
of the same, the student will be awarded zero for this component of assessment. The faculty in
such cases shall conduct a separate viva for the concerned student and grade her/him
accordingly.
 End term assessments are compulsory. Absence in end term assessments will be marked as
‘absent’ and the result will be marked as ‘incomplete’. This is irrespective of the student’s score
in internal assessments.

5.3 Assessment details (sample details given below)

Component 1: Class Participation Each student will be assessed on his/ her class participation. Class
participation includes preparedness for each class, meaningful contribution made during case
discussions, role play and SPSS based analysis.

Component 2: Research Project and presentation:

For completing the project, you will be working in groups, group of minimum 4 to maximum 5 members.
The project includes aspect of both secondary research and primary analysis. You are expected to
translate the class room learning into practical application by using it to draw up the research proposal,
framing of objectives, collection and analysis of data, interpreting findings and presentation of final
report. The topics for the project will be decided in consultation with the tutor and other group
members and should ideally include aspects of both secondary and primary research. However, if the
project topic lends itself to purely secondary or primary research only, then that is acceptable as well.
The assessment will be continuous and all the aspects of the projects – proposal writing, data collection,
data analysis, findings and final report will be assessed at regular intervals. The assessment will be for 10
marks out of which 5 marks will be for the final presentation, 5 marks for the final report.

This assessment will measure:

12
  the extent to which you are able to formulate a business problem into a research
problem
 your ability to choose the correct research design for the given problem
 your ability to choose the correct tool/framework and how you apply it
 your ability to gather relevant data
 your ability to interpret the information and the results
 the quality of the final report

5.4 Details of submissions/presentations

5.5 Assessment Feedback

Feedback on student performance from formative and summative assessment tasks will be provided to
students in a timely manner. Assessment tasks completed within the teaching period of a course, other
than a final assessment, will be assessed and students provided with feedback, with or without a
provisional result, within 10 working days of submission, under normal circumstances. Feedback on
continuous assessment tasks, if any, will be provided prior to the midpoint of the course.

Note: Appeal of grade – students who wish to appeal their end term marks should initially discuss their
concerns with their tutor. If they are still dissatisfied, they should then make contact with the Controller
of Examination within 10 business days from the date of notification of the result. Such a written request
must contain details of the grounds on which the objection is based. Requests must include a summary
of the reasons the student believes his or her assessment work deserves a higher mark. These reasons
must be directly related to the academic quality of the work.

5.6 Quality Assurance

IILM is actively monitoring student learning and quality of the student experience in all its programs. A
random selection of completed assessment tasks may be used for quality assurance, such as to
determine the extent to which program learning goals are being achieved. The information is required
for accreditation purposes, and aggregated findings will be used to inform changes aimed at improving
the quality of Business School programs.

13
6. Maps:
6.1 Assessment Map

Module Name: A1 A2 A3 A4 A5

Research Methods * * *

A1- Individual assignment/quiz A2- Group assignment

A3- Open book examinations A4- Closed book examinations A5- Presentations

6.2 Teaching Map

Module Name: T1 T2 T3 T4 T5 T6

Research Methods * * * *

T1: Lectures T2: Seminars/Tutorials T3: Projects

T4: Case Discussion T5: Guest Lectures/Industrial Visit T6: Lab Sessions

6.3 Curriculum Map

Module Name: Program learning outcomes

<> L1 L2 L3 L4 L5 L6 L7

Taught * * * *

Assessed * * * *

Covered * * * *

Program Learning Outcomes:

L1 - An understanding of organizations and management techniques to allow investigation into business

and management issues
L2 - An ability to acquire, analyze and understand data and information for managerial decisions
L3 - Critical thinking and informed judgment leading to problem solving, decision-making and
negotiating skills
L4 - Cognitive flexibility which enables adaptability to uncertainty in a rapidly changing business
environment
L5 - An understanding of disruptive and technological change and the ability to seek innovative and
entrepreneurial solutions
L6 - Emotional intelligence and people’s skills in communicating, working in teams and with people
L7 - Being cognizant of the impact of individual and corporate actions on society, recognizing responsible
and inclusive business practices and sensitivity to the social, economic and environmental
responsibilities of business.

14
7. Student feedback
The Institute places high priority on approaches to learning and teaching that enhances the students’
experience. Feedback is sought from students in a variety of ways including on-going engagement with
faculty, the use of online questionnaires and interaction with the Dean/appropriate authority. This
course is regularly revised and updated to reflect student feedback.

8. Plagiarism
Please refer to the student handbook, page 30, for details.

15