LW 3015: INTELLECTUAL PROPERTY LAW (Sem 05/Paper -01)

Credits: 04: Total Class Hours: 72 (including tutorials & proctors)

Course Description:
Keeping the fact in mind that the present subject would be taught to the students as a
general paper, the main object behind teaching this subject is to make the students
understand IPR as a concept and the different forms of IPR. The course would be
more of informative in nature to help the students appreciate the whole idea of
protecting human labour through exclusive rights in the form of intellectual property
rights and to help them to generate interest in the subject for further research.

Learning Objectives:
1. To help the students understand the jurisprudence behind protection of
intellectual property.
2. To provide a detailed analysis of the various forms of intellectual property rights
both at the international level and at the domestic level (Indian position).
3. To equip students with specific technical, legal and management skills related to
protection,enforcement and commercialization of the various forms of
intellectual properties.
4. Attempt in motivating the students as to the fact that this subject can be taken up
for further research by the students having non-science background as intellectual
property rights is not all about science, without denying the fact that students
having science background will have an edge over the rest as far as few areas of
IPR is concerned.

Teaching Methodology:
The methodology adopted for the course would be the following:
● Research method
● Case method
(a) Anatomical
(b) Physiological
● Budging session
● Group discussions
● Inviting specialized persons in this field for delivering lectures
MODULE I- Law of copyright
To get introduced to the world of IPR & understand the nature of copyright and its
protection.

1.1 Copyright: Introduction

1.1.1 Nature of copyright
1.1.2 Basic features of Copyright

(a) Originality
(b) Idea-expression dichotomy
(c) Authorship and ownership of copyright
1.2 Works in which copyright subsists
1.2.1Literary, dramatic, artisitic works, cinematograph films, sound recording etc.
1.3 Statutory aspects of copyright law
1.3.1 Term of copyright
1.3.2 Registration of Copyright
1.3.1 Moral rights

1.4 Infringement of copyright

1.4.1 Infringement & Remedies
1.4.2Defences against infringement liability

Course takeaway: Understanding the concepts behind copyright protection in India.

Theory Component: Nature and Scope of Copyright, requirements of a work to get

Copyright protection, works protected, term of copyright, understanding moral rights,
infringement and defences.

Skill component: To be able to have an assesment of copyright infringment and to be

able to draft arguments on behalf of both the parties.

Number of hours: 10

MODULE 2: Law of patents

This module has been designed to help students understand issues concerning patent
law and pratcies in India.
2.1 Patent: Introduction
2.1.1 Nature of rights
2.1.2 Patentability Standards
2.1.3 Patentable subject matter

2.2 Patent Registration

2.2.1 Patent Registration- Procedure
2.2.2 Revocation of Patent
Re
2.3 Patent term and enforcement
2.3.1 Term of patent
2.3.2 Patent infringement & Remedies
 2.3.3 Defences to patent infringement claims

Course takeaway: Understanding the basics of patent, patentability requirements and

procedure for grant of patent.
Skill Component: Works Protected, Patentibility Requirements, registration, scope of
protection and infringement.

Skill component: To be able to identify different components of a patent application

for registration.

Number of hours: 10

MODULE 3:Trademarks

This module aims to help students appreciate the importance of trademarks in a

market and to have a clear idea about the legal issues involved in trademark
protection in India.

3.1 Trademarks: Basic Concepts

3.1.1 Trademarks- conceptual analysis
3.1.2 Need for Trademark Protection
3.1.3 Types of Trademark

3.2 Registration of Trademarks

3.2.1Trademark Registration- Procedure
3.2.2 Enforcement of Registered Trade mark- Infringement and Remedies
3.2.3 Unregistered Trademark & Passing off actions.

Course takeaway: Students will have a better understanding of various types of

trademark, forms of protetcion system and the registration procedure for trademarks
in India.

Theory Component: Basics and need of Trademark protection, registration of

Trademark and rights of owners, unregistered trademarks

Skill component: Conducting trademark search & report

Number of hours: 10

MODULE 4: Geographical Indications

The module has been designed to provide a comprehensive knowledge regarding the
Indian position of protetcing different GIs in India.

4.1Introduction
4.1.1 Meaning & Scope
 4.1.2 GI and Trademark

4.2 Protection of Geographical Indications under Geographical Indication of goods

(Protection & Registration) Act 1999
4.2.1 Procedure of registration
Goods and Authorized Users
4.2.2 Effect of Registration

Course takeaway: Students would have better clarity on various factors that are
essential for a product to be designated as a GI in India.

Theory Component: Understanding GI, need for GI protection, difference between GI

and Trademark, registration and effects of registration

Skill component: Drafting of a GI application

Number of hours: 10

MODULE 5:Law relating to biodiversity

This module aims at providing an overview to students about protetcion of biological

resources and associated knowledge under the IPR framework.

5.1Introduction
5.1.1Rationale behind Incorporating issues relating to biodiversity under IPR
framework

5.2 Regulation of Access to Biological Resources under Biological Diversity Act

2002
5 .2.1 Access Control Mechanism(section 3-7 of the Act)
5.2.2 Benefit Sharing Mechanism (provision of CBD & section 21 of the BD Act)
5.2.3Offences & penalties (Section 55 of the BD Act)

Course takeaway: Students would be able to have a better understanding of the legal
framework concerning access over bio-resources and norms pertaining to benefit
sharing.

Skill component: Drafting of a benefit sharing agreement

Number of hours: 10

MODULE 6:Law relating to plant varieties and farmers rights

This module will justify the rationale behind the protection of plant variety and
farmers rights under IPR framework and will discuss the legal provisions concerning
the same.
6.1 Plant Variety Protection: Conceptual Analysis
Rationale behind protection of Plant Variety and Farmers Rights under IPR
Framework

6.2 Registration of Plant Varieties under Protection of Plant Variety &Farmers Rights
Act 2001
6.2.1 Varieties that can be registered
6.2.2NDUS Test
6.2.3 Procedure for registration of plant varieties
6.2.4Duration and Effect of Registration

Course takeaway: Students will have an idea about the various registrable plant
varieties and the test to be conducted in order to ascertain a plant vareity as a new
plant variety in India.

Skill component: Registration procedure of a new plant variety under PPV and FRA.

Number of hours: 10

Case Law Study:

1. University of London Press Ltd. v. University Tutorial Press Ltd., (1916) 2 Ch. D
601.
2. Feist Publications, Inc. v. Rural telephone Service Co. 499 U.S. 340 (1991)
3. Eastern Book Company v. D.B. Modak (2008) 1 SCC 1
4. RG Anand Vs Deluxe Films (AIR 1978 SC 1613)
5. Donoghue v. Allied Newspapers Ltd., (1937) 3 ChD 503
6. Rameshwari Photocopy Services & Ors. [DU Photocopying Case]
7. YRF v Sri Sai Ganesh Productions CS (COMM) 1329/2016
8. Biswanath Prasad Radhey Shyam Vs Hidustan Metal Industries AIR 1982 SC
1444
9. Novartis v UOI (2013) 6 SCC 1
10. Diamond Vs Chakrabarty 447 U.S. 303 (1980)
11. F. Hoffmann-La Roche v. Cipla Ltd.
12. Novartis AG & Anr. v. Natco Pharma Ltd. CS (COMM) 229/2019
13. Darjeeling Tea (Tea Board, India Vs. ITC Limited)
14. Basmati Rice case study
15. Tirupathi Laddu
16. Kanitribe benifit sharing case

Text books :
1. Law Relating to Intellectual Property Rights, VK Ahuja, Lexis Nexis, 3 rd
edition, July 2017.
2. Intellectual Property Law,Lionel Bently, Brad Sherman, Dev Gangjee, Phillip
Johnson, OUP Oxford, 5th edition ,Sept 2018.
3. The Subject Matter of Intellectual Property, Justin Pila, OUP Oxford, 1st
edition, Sept 2017

Researched articles reference:

1. Intellectual Property Rights and Access in Crisis by Karen Walsh, Andrea
Wallace, Mathilde Pavis, Natalie Olszowy, James Griffin & Naomi Hawkins, IIC -
International Review of Intellectual Property and Competition,
Law volume 52, pages379–416 (2021)
https://link.springer.com/article/10.1007/s40319-021-01041-1
2. Intellectual property rights and law enforcement in developing countries by
Shiue-Hung Lin &Leslie Wu, Received 02 Jun 2020, Accepted 07 Feb 2021,
Published online: 04 Mar 2021
https://www.tandfonline.com/doi/full/10.1080/1331677X.2021.1889390?src=
3. Intellectual Property Rights as Protected Investments: How Open are the
Gates? By Carlos Correa, Jorge E. Viñuales, Journal of International Economic Law,
Volume 19, Issue 1, March 2016, Pages 91–120, https://doi.org/10.1093/jiel/jgw005,
Published:09 April 2016 https://academic.oup.com/jiel/article/19/1/91/2357950

Advanced readings:
1. Adarsh Ramanujan, Patent Law Cases and Materials: A Synthesis For India,
Wolters Kluwer India Pvt. Ltd, 1 Sep 2020.
2. Eashan Ghosh, Imperfect Recollections : The Indian Supreme Court on Trade
Mark Law, Thomson Reuters, 1 Jan 2020
3. Elizabeth Verkey “Law of Plant Varieties Protection”, 2007, Eastern Book
Company.
4. Jonathan Curci “The Protection of Biodiversity and Traditional Knowledge in
International Law of IPR”,1st. Edition,2010 CUP

TABLE OF SKILL COMPONENTS

MODULES SKILL COMPONENT

MODULE 1 To be able to have an assessment of copyright
infringement and to be able to draft arguments on
behalf of both the parties.

MODULE 2 To be able to identify different components of a

patent application for registration/ Step by Step
Patent filing Procedure.

MODULE 3 Conducting trademark search & report

 MODULE 4 Drafting of a GI application

MODULE 5 Drafting of a benefit sharing agreement

MODULE 6 Registration procedure of a new plant variety under

PPV and FRA.

Suggested list of Resource Persons:

International
1. Mr. Luca Valente, IP Lawyer, Turin, Italy
2. Ms. Giovanna Paola Girardi, IP Lawyer, Madrid, Spain

National
1. Dr. Anita Sabat, Managing Trustee of Odita Trust (A registered Trust to
represent community interests, & preserve, protect & promote art, culture,
heritage, GIs etc of Odisha, Bharata).
2. Aurobinda Panda, Founder and Managing, Lex Protector International
Law offices.
3. Shri Pankaj P. Borkar, Dy Controller of Patents & Designs, Head of
Office.
4. Gaurav Mishra ,Patent & Design Attorney at BananaIP Counsels