5.1 COURSE – I, HONS.
-I: INTELLECTUAL PROPERTY RIGHTS -I
Objectives:
Intellectual Property Law has assumed a great importance in recent times as a result of the
recognition that “knowledge is property”. The creations of the human brain as IP are required
to be understood and protected. The syllabi encompassing all relevant IP legislations in India
with a view to understand and adjust with changing needs of the society because creative
work is useful to society and law relating to innovation/creativity i.e. Intellectual Property is
one of the fastest growing subjects all over the globe because of its significance and
importance in the present era. Disseminate information on national and international IPR
issues. The course is designed with a view to create IPR consciousness; and familiarize the
learners about the documentation and administrative procedures relating to IPR in India.
Course contents:
UNIT I
Overview of the concept of property, Industrial property and non-industrial property,
Historical background of IPR theories relating to IPR, Different forms of IP and its
conceptual analysis, Need for protecting IPR.
UNIT II
Patents: Introduction and overview of patent protection, History of Patent protection,
definition of invention and new invention, basic requirements of patent protection, Object of
and scope patent protection, salient features of the Patent Act, difference between product
patent and process patent, Procedure to obtain patent- non-patentable inventions, filing of
patent applications, specifications, opposition proceeding and grant of patents; Rights and
obligations of patentee, Transfer of Patent Rights- voluntary and compulsory licences,
Government use of inventions, Revocation and surrender of patents, Infringement of Patents
and remedies, Offences and Penalties.
UNIT-III
Trade Marks: Introduction and overview of trademark, Evolution of trade mark law, Object
and scope of trade mark protection, Features of good trade mark, Different forms of trade
mark, Trade mark registry and register of trademarks, basic requirements of trademark
protection- Registrable and non-registrable marks, procedure, term of protection; Assignment
franchising and transmission, Rectification of register, Infringement of trade mark and
remedies, Offences and penalties.
Passing off action- essential requirements, defences and remedies.
UNIT-IV- Geographical Indication of Goods
History of geographical indication of goods protection, meaning of geographical indication of
goods, Nature and scope of protection, salient features of The Geographical Indications of
Goods (Registration and Protection) Act, 1999 - procedure for obtaining geographical
indication protection, registration, right to use the geographical indication tag, infringement
and remedies, role and functions of Registrar of geographical indications, conflict between
Trademark and geographical indications.
UNIT V
International Convention and Treaties: Paris Convention: Background; Salient features of
Paris Convention; Governing rules of Paris Convention; Patent Cooperation Treaty:
Background; Objectives of PCT; Salient features of PCT; Madrid Convention: Salient
features; International registration of marks; Relevant provisions of TRIPS Agreement 2005-
Impact of TRIPS on Indian IPR regime, World Intellectual Property Organisation-
Background, Salient features WIPO, Organisation of WIPO and its functions.
Prescribed Books:
1. Elizabeth Verkey, Intellectual Property Rights, Eastern Book Company, 2007.
2. V. K. Ahuja, Intellectual Property Rights, Lexis Nexis, New Delhi.
3. W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied
Rights, Universal Law Publishing Co. Pvt. Ltd., Delhi (2001).
4. Ranabhir Singh, Law relating to Intellectual Property, Vols. 1-3, Universal Law
Publishing Co. Pvt. Ltd., Delhi.
Reference Books:
1. Peter Drahos, A Philosophy of Intellectual Property (Dartmouth Publications Co.,
1996).
2. Campbell, Dennis and Susan Cotter (Eds.) International Intellectual Property Law:
Global Jurisdictions (John Wiley & Sons, UK, 1996).
3. P. Narayanan, Intellectual Property Law (Eastern Law House, New Delhi and
Kolkota, 4th edn., 2020).
4. Prabuddha Ganguly, Intellectual Property Rights: Unleashing the Knowledge
Economy (Tata McGraw-Hill Publishing Company Limited, New Delhi, 2001).
5. Jayashree Watal, Intellectual Property Rights in the WTO and Developing Countries
(Oxford University Press, New Delhi, 2001).
6. N.S. Gopalakrishnan and T.G. Ajitha, Principles of Intellectual Property (Eastern
Book Company, 2nd edn., 2014).
