INTELLECTUAL PROPERTY RIGHTS

ICFAI Law School

Semester – II – Class of 2019-20 Even Semester
Section – A
ICFAI Law School – Dehradun
Asst. Professor
Mr. Saurabh Siddhartha

Email: saurabh.sid@iudehradun.edu.in

Credit: 3

Office Hours: 9:00 a.m. to 6:00 p.m.

Chamber Consultation Hours: 3:00 p.m. to 4:00 p.m. on every Tuesday

1. Instruction Details

Course Duration: 44 Sessions of 50 minutes each

Time Table

2. Course Details

Course Description: 

General idea of laws with respect to Intellectual Property Rights and the underlying
concepts and related case laws.

2a.Objective:The overall objective of the Course is as follows:

Course Objective: 

1. To enable learners to understand the basics of Intellectual Property Rights that

helps to prepare the necessary guidelines , their implications on IP related cases.
2. To deal with the entire IPR framework under which different jurisdictions
operate, by comparative analysis of existing rules in developed and developing
countries.
3. General idea in respect of different kinds of impacts, whether Patent related, IP
management or Copyright & Trademark related issues etc.
4. To identify the provisions under Copyright Act, Patents Act and related laws for
better understanding of the IP litigation and practice.
 5. To provide a general idea in respect of different kinds of laws related with IPR.
6. To provide an exposure to global issues with related to IPR , by exposing case
laws and the imbibed jurisprudence therewith.

 
2b Learning Outcomes: On successful completion of the course, students should be
able to:
1. Understand importance of IPR Laws in contemporary legal & business
environment.
2. Enrich the ability of understanding multidisciplinary features of IPR in India
3. Determine and analyze institutional framework and legislative intent to throw a
guiding light for combating complex IPR related issues.
4. Deal with various types of multidisciplinary issues to ensure a sound counsel fit.
5. Understand various judgments to better appreciate growing dimensions of Law of
IPR and its nexus to Nation’s Economic and Social growth worldwide.
6. Figure out possible solutions to infringements & passing off related problems by
applying interdisciplinary and comparative analysis..

2c.Instruction Methodology:
Pedagogy:
 Direct Learning

 Participatory Learning

 ICT and Digital support

2d.Text Books

1. Intellectual Property Rights:Concepts and Evolution IUP, 2009

2. Law of Copyright, Alka Chawla,Lexis Nexis, 2013

3. Law of Intellectual Property, Dr. S.R.Myneni, Asia Law House,2014

Suggested References
1. WIPO
2. www.ipindia.nic.in

 
 2e. Assignment:

The students will be given three assignments. The assignment comprises of open ended
topics and short and essay type questions pertaining to the chapters, journals, projects,
group work, case study, problem solving, quiz and any other form of assignment.
 The students must submit their assignment on or before the date announced. Late
submission will lead to fewer marks awarded for the assignment component at the end of
the semester.

2f. Prerequisites to learning- Intermediate degree in any stream.

2g.Tentative Delivery Schedule

UNITS –

UNIT No. Title Lecture/s & Range

1 Introduction 1-1

2 Copyright Law 2-6

3 Trademark Law 7-18

4 Law of Patents 19-27

5 Geographical Indications 28-31

6 Designs 32-36

7 Plant Varieties 37-39

8 IPR Related Debates 40-44

EXTENDED LECTURE PLAN

Lect Topic Pedagogy Case/Extended Activity Concepts covered

ure.
1 Introduction Direct A General Introduction
Method to IPR ,Historical
Background, Evolution
of Concept of IPRs
ICT and
Digital
support
2 Introduction to Copyright Direct
Method Concept of Idea,
Expression, Features of
Copyright and
ICT and Copyright Act 1957,
Digital Basic Concept of
support Copyrights and the
exclusive nature of
protection.
3 Conventions Related to Copyright Direct
Method Berne Convention,
WCT,WPPT,
ICT and TRIPS.
Digital
support

4 Principles in Copyright Law Direct Class Debate Detailed Case studies

Method on Idea, Concept of
Originality, Author,
Owner, Modicum of
ICT and creativity, Assignment,
Digital Licence, an Introduction
support
5 Copyright & Works Direct S.13, Works in which
Method Copyright subsists,
Assignment and
Licensing, Copying and
ICT and types.
Digital
support

6 Infringement of Copyright, Debate What constitutes

infringement, Layman
observer
Test,Exceptions,
Remedies,
Civil,Criminal,
Injunction details,
Anton Pillar Order etc.
Copyright Board,
Registrar,Register

 7 Introduction to Trademark Direct A general introduction

Method Group Discussions to Trademark,
Discussion on important
Trademarks, Well
ICT and known Marks, Its
 Digital features
support
 8 Basic Concepts in Trademark Direct Group Discussions
Method The concept of
deceptive similarity,
Analysis of the concept
of deceptive similarity,
ICT and introduction to concept
Digital of passing off
support

9 Direct
Functions of Trademark Method Trademark as a
commercial Asset,
Functions, What
constitutes a good
ICT and Trademark
Digital
support
10 Trademarks and TRIPS Direct
Method Group Discussions Protectable Subject
Matter of Trademarks,
Rights Conferred

ICT and
Digital
support
11 Types of Marks Direct
Method Collective
Mark,Certification
Trademark,Well Known
Trademark,Permittesd
ICT and use, False Trade
Digital Description
support
12 Registration of Trademark & its Effect Direct
Method Registrar,
Register,Classification,
Colour,Refusal of
ICT and Registration, Grounds
Digital
support
13 Procedure & Duration of registration Direct
Method Group Discussions Application,Advertisem
ent,Opposition,Correcti
on and
ICT and amendment,Jointly
Digital owned Trademmarks
support
14 Duration,Renewal,Removal and Direct
Restoration of Registration Method Duration,Renewal,Rem
oval and Restoration,
Effect of removal
ICT and
Digital
support
15 Powers and Functions of Registrar Direct
Method Powers,Abandonment,
Discretionary
power,Inspection
ICT and
Digital
support
16 Effect of Registration Direct
Method Rights,Limits, Effect of
Acquiescence,Vested
Rights
ICT and
Digital
support
17 Assignment, Transmission, Use of Direct
Trademarks,Collective Marks Method Group Discussions Use,Regd.
UsersmCorrection of
Register
ICT and
Digital
support
18 Appellate Board Direct
Method Offences,Penalties,Proc
edure,Passing Off
ICT and
Digital
support
19 Patents-An Introduction Direct
Method A general idea of
evolution of Patent,
Historical Background
ICT and
Digital
support
20 TRIPS,PCT,WTO and Patents Direct
Method A general idea of
International
Instruments,bodies that
ICT and guides and relates to
Digital Patents
support
21 Basic Concepts Direct
Method Invention,Characteristic
 ICT and s,idea, Patentability and
Digital Non Patentable
Inventions
support
22 Extended Understanding of Basic Direct
Concepts Method Group Discussions , Patentability and Non
Patentable Inventions
ICT and
Digital
support
23 Extended Understanding of Patentability Direct
Method Requirements, Prior
Art, State of the Art,
Novelty,Anticipation,M
ICT and orality, Sustainability
Digital
support
24 Applications for Patents Direct
Method Applicant,Forms,Specif
ication,Full
specification,Priority
ICT and Dates,Publication,Abstr
Digital act
support
25 Specifications Direct
Method Full Specifications,
Disclosure, Non
Disclosure Agreements
ICT and
Digital
support
26 Extended Understanding of Patent Direct
Application Method Class Debate Powers of Controller,
Rights of Patentee,Pre
grant opposition,Post
ICT and grant
Digital opposition,Anticipation
support
27 Working of Patents Direct
Method Licences,Compulsory
Licence,Appellate
Board,Penalties
ICT and
Digital
support
28 Introduction to Geographical Indications Direct
Method A basic understanding
of GI & TRIPS,WTO
ICT and
 Digital
support
29 Case Studies-GI Direct
Method Basmati Case

ICT and
Digital
support
30 GI-Registration Direct
Method Conditions,
Register,Procedure,Dur
ation
ICT and
Digital
support
31 Effect of Registration Direct
Method Infringement, Relation
between GI and
Trademarks,prior users
ICT and
Digital
support
32 Introduction to Industrial Designs Direct
Method A general
understanding of
Industrial Designs
ICT and
Digital
support
33 Introduction to concept of design Direct
Method Design as in the
Designs Act, Concept
of appeal to an
ICT and eye,functionality
Digital
support
34 International Instruments Direct
Method Class Debate WTO,TRIPS on
Design, requirements
for protection,Paris
ICT and Convention,Hague
Digital Agreement
support
35 Designs Act, 200 Direct
Method Introduction to the Act

ICT and
Digital
support
36 Registration of Design Direct
Method Controller,Registration
of
Designs,Copyright,Lega
ICT and l proceedings,cases etc.
Digital
support
37 Plant Breeders and Farmers Direct
Method Plant Varities,
Concept,A general idea
ICT and
Digital
support
38 Farmers’Rights Direct
Method Class Debate Communities,Gene
Fund, Importance,
Compulsory Licence
ICT and
Digital
support
39 Tribunal and plant Varities Protection Direct
Method Composition,Appeals,P
rocedure,Offence,Infrin
gement
ICT and
Digital
support
40 Trade Secrets Direct
Method Group Discussions A general idea of Trade
Secrets, importance and
its convergence as
ICT and Intellectual Property
Digital
support
41 Concept of Traditional Knowledge Direct
Method Class Debate A broad idea of
Traditional
Knowledge,Indigenous
ICT and Knowledge & IPR
Digital dispute
support
42 Intellectual Properties & Cyberspace Direct
Method Group Discussions A general idea of IP
infringements in
cyberspace,
ICT and conflicts,jurisdiction
Digital
support
43 Arbitration in IPRs Direct
Method Group Discussions IBM vs. Fujitsu case
 ICT and Analysis, Arbitration
Digital importance in IPRs,
Trend and analysis
support
44 IPR and Economic Development in India Direct
Method Group Discussions Conclusive debate on
importance and role of
IPRs in India
ICT and
Digital
support

3.Flipped Classroom:

 Power point Presentations by students

 Any other subject related material uploaded on Whatsapp group/Group mail
from time to time.

4. Differentiated Instructions:

For High Achievers: Peer to peer teaching and learner support, Assignments
and Important questions and Indirect and general questions will be discussed.

For Slow Learners- Remedial consultation sessions and additional support.

5.Academic Integrity Policy:

 Students are expected to follow the Rules of Conduct and Academic

Behavior standards as detailed in the Student hand book.  Failure to comply
with these rules may result in disciplinary actions as stipulated in the
Students Handbook.

 Note: Copying and plagiarism in any form for any of the evaluation
components will result in zero marks.

6. Evaluation Scheme
 Continuous evaluation will be conducted as per the guidelines of the
University. It is continuous and spread throughout the course; hence
 absenteeism from class may be detrimental to learning. The details of the
evaluation components are given below:

Sl. Evaluation Weight Date of Learning Outcomes Date of Completion of

No Component evaluation / Evaluation
Session No.
1 Assignment /viva 40 % 1,.2,3,4,5,6,7 Will be mentioned after TT
voce / group is available
presentation
Skill development

Assignment 1: Will be
05
For Rubric mentioned
Marks 1, 2 As above
Will be declared after TT is
in the 7thsession available

2 Assignment 2:
Will be declared 10
As above 2, 3, 4 As above
in the 15th or 16th Marks
session
Assignment 3:
05
Will be declared As above 2,3,5 As above
marks
in the 24th session
Spread throughout the sessions/ particular case can also be given
10
Case Study in the form of assignment or group presentation. Will be
Marks
scheduled after mid-term examination
3 Attendance 05 Marks End of the semester
4 Mid - Term Marks 20
Marks
5 End – Term 40
/University Exam Marks

Total 100

Attendance: (5 marks)
75% to 80% = 02 marks.
81% to 85% = 03 marks.
86% to 90% = 04 marks.
91% to 100% = 5 marks.
Assignment 1, 3 & 4: (Rubrics)

Performanc Content Accurate Over all Timely Total Score

e Criteria Informatio Presentatio submission
n n

2 1 1 1 5

Excellent 5

Very Good 4

Good 3

Average 2

Poor 1

Assignment 2 & Case Study: (Rubrics)

Performanc Content Expressio Over all Timely Total Score

e Criteria n Presentatio submission
n

4 3 2 1 10

Excellent 9-10

Very Good 7-8

Good 5-6

Average 3-4

Poor <3

PROJECTED RESULTS for 2018 – 100%

Guidelines to students: 

1. All candidates should prepare for the case without fail.  Under no circumstances
candidates are allowed to loaf. Disruptive behavior in the class will be dealt with
strictly.
2. Any candidate can be chosen randomly by the faculty member to answer a
question related to the case/chapter; therefore, it is mandatory for every candidate
to be ready with the answer.  The Faculty Member will evaluate the answers. 
3. Late comers will not be allowed into the class. If allowed to attend the class, will
not be given attendance.