Navrachana University

TEACHING PLAN
Intellectual Property Law (LW501)
Faculty Dr Sujatha Patil Division 1
Contact sujathap@nuv.ac.in Office Hours Of all faculty members
delivering the course
School School of Business and Law
Program BBALLB
Semester Autumn Credits 4
Academic Year 2022-23
Lecture time & 11am to 12pm (Mon, Tue, Wed, Fri) Location Building & room no., if known
Weekdays
Pre-requisites
Course Description The new trends in international trade ushered in by the WTO and the TRIPS Agreement
demand for a serious rethinking on teaching intellectual property Laws. The new economic
policies, it is assumed, will facilitate the free movement of capital, technology and goods
based on new technology across the borders to promote international trade. This is
expected to bring in new technology for the industrial and economic development India. It is
also expected that there is going to be more investment on the research and development
by the local industries to face the new international competition. This demands India to
adopt better protection for the intellectual Property based on the TRIPS Agreement.
Course Abstract * This course is intended to introduce the different categories of IP, the minimum
standard to identify the items of protection. Exposing the students the procedural
requirements for the acquisition of IPR and also address the International filing system.
Protection of bundle of rights conferred to the right holder and remedies available in the
case of infringement are also examined.
Course Objectives  To introduce fundamental aspects of Intellectual property Rights to students who
are going to play a major role in development and management of innovative
projects in industries.
 To disseminate knowledge on patents, patent regime in India and abroad and
registration aspects
 To disseminate knowledge on copyrights, trademark, GI, TK etc and its related rights
and registration aspects
 To make the students understand about Commercialization of IP Rights.
 To aware about current trends in IPR and Govt. steps in fostering IP
Learning Outcomes  Students were able to apply intellectual property law principles (including copyright,
patents, designs and trademarks) to real problems and analyse the social impact of
intellectual property law and policy
 Work in team, solve problems and manage time
 Analyse ethical and professional issues which arise in the intellectual property law
context
 Helps them to take a call in becoming the IP Professionals
Typology of Course The course is combination of theory and practical exposure.
Course Outline Unit-I General Regime of Intellectual Property Rights (8Hrs)
(Units, Hours,

1
Textbooks, Reference Concept of Property vis-à-vis Intellectual Property
Books)
a) Concept of Property and Theories of Property - An Overview-Theories of Intellectual
Property Right- Intellectual Property as an Instrument of Development-Need for Protecting
Intellectual Property- Policy Consideration- National Perspectives and International
demands.

b) Types of Intellectual Property- Origin and Development- An Overview- Intellectual

Property Rights as Human Right-

c) International Instruments and Institutions & Role of International Institutions- World

Intellectual Property Organisation (WIPO)-Function of WIPO-Membership of WIPO-
Agreement between the WIPO and the WTO-Dispute Settlement- New Treaties

d) Commercialization of Intellectual Property Rights by Licensing-Determining Financial

Value of Intellectual Property Rights-Negotiating Payments Terms in Intellectual Property
Transaction.

Unit-II Patent Law (12Hrs)

Introduction to Patent Law-

a) Paris Convention-Patent Cooperation Treaty-WTO- TRIPS-Harmonisation of CBD and TRIPs

b) Indian Patent Law-The Patents Act, 1970-Amendments to the Patents Act- Patentable
Subject Matter, Patentability Criteria- Procedure for Filing Patent Applications, Patent
Granting Procedure-Revocation, Patent Infringement and Remedies

c) Relevant Provisions of the Biological Diversity Act, 200- Access and Benefit Sharing Issues

Unit-III- Copyright, Neighbouring Rights and Industrial Designs (12Hrs)

Introduction to Copyright

a) Conceptual Basis-International Protection of Copyright and Related rights- An Overview

(International Convention/Treaties on Copyright)

b) Indian Copyright Law- The Copyright Act, 1957 with its amendments-Copyright works-
Ownership, transfer and duration of Copyright-Renewal and Termination of Copyright-
Neighbouring Rights-Infringement of copyrights and remedies

c) Industrial Designs-Need for Protection of Industrial Designs-Subject Matter of Protection

and Requirements-The Designs Act, 2000-Procedure for obtaining Design Protection-
Revocation, Infringement and Remedies

4. The Semiconductor Integrated Circuits Layout-Design Act, 2000

Unit-IV- Trademarks (10Hrs)

1. Introduction to Trademarks

a) Need for Protection of Trademarks-Kinds of Trademarks-International Legal Instruments

on Trademarks-Indian Trademarks Law- The Trade and Merchandise Marks Act, 1958-
Trademarks Act, 1999

b) Procedural Requirements of Protection of Trademarks-Content of the Rights, Exhaustion

2
 of Rights- Assignment under Licensing-Infringement, Right of Goodwill, Passing Off

c) Domain Names and Effects of New Technology (Internet)

Unit-V-Geographical Indications, Traditional Knowledge and Protection of Plant Varieties

and Farmers' Rights. (18Hrs)

Geographical Indications

a) Concept of Appellations of Origin, Indication of Source and Geographical Indication-

International Conventions/Agreements

b)The Geographical Indications of Goods (Registration and Protection) Act, 2000- Procedure
for Registration, Duration of Protection and Renewal- Infringement, Penalties and Remedies

Traditional Knowledge

a)Meaning and Scope of traditional Knowledge – Interface between IP and traditional

Knowledge – Need and Significance of protection - International instruments on Traditional
Knowledge – Developments in WIPO.

b) Statutory Protection of Traditional knowledge in India

Traditional Knowledge as Property – Nature of Property in genetic Resources and associated

traditional Knowledge - Ownership in Traditional Knowledge: Nature and Elements of
Ownership – Exclusivity and Protection –Benefit Sharing.

The Protection of Plant Varieties and Farmers' Rights Plant Varieties Protection

a)Protection of Plant Varieties and Farmer’s rights – GM Corps – Objectives of Plant Varieties
Act – registration of Plant Varieties – Duration and effect of Registration –Infringement –
Offences – Remedies.

Pedagogy 1. Lectures with Visuals using PPT

2. Lectures with classroom assignments
3. Video presentations
4. Case Study/Case Laws
5. Field visits/Commercial Court Visit/IP Firms
6. Project Work
7. Presentations on Contemporary topics
Expectations from Students should attend session’s regularly and also active participation in overall activities.
Students * Completion of assigned task within the scheduled time.

Assessment / As per University norm 60 will be internal assessment and 40 will be the end exam.
Evaluation Accordingly the internal assessment is based on group discussion, presentations, written
assignments etc and the evaluation process will be done as per marks stipulated for each
assignment. In case of late submission or not doing the assigned work on time, minus marks
will applicable for such kind of students.
Attendance Policy 80% of attendance is Mandatory as per University Policy. Exception is applicable in medical
case
Project / Assignment Based on Course, the topics are given to the students for project work, presentation Case
Details * Study etc. Even landmark cases related to the course is also assigned for the students for
group discussion. Viva will be done for particular unit or combination of two to three
chapters.

3
Course Material  P. Narayanan – Intellectual Property Law (1999) ( Eastern Law House,
Calcutta)
 Dr. B.L. Wadehra – Law relating to patents, trademarks, copyright, design and
geographical indications (Universal Law Publishing Co – Ltd., New Delhi)
 Dr. S.R. Myneni – Law of Intellectual Property (Asia Law House, Hyderabad)
 P.S. Narayana – Intellectual Property Law in India (Gogia Law Agency,
 Hyderabad)
 Vikas Vashisht – Law and practice of Intellectual Property in India (Bharat Law
House, New Delhi)
 W.R. Cornish – Intellectual Property, Patents, Copyright, trademarks and
 allied rights (1999) (Sweet & Maxwell, London)
 V.K.Ahuja, Intellectual Property Rights in India (Lexis Nexis, Butterworths, Wadhwa,
Nagpur, 2009)
Additional Core Course not an elective.
Information *
*These are optional fields.

Session Plan
Topic Title Session Topic & Subtopic Details Readings, Cases, etc. Activities* Important
No. Dates
Unit-I General 1 Introduction of Concept of P. Narayanan- 15 July
Regime of Property vis-à-vis Intellectual Intellectual Property
Intellectual Property Law
Property Rights Dr. B.L. Wadehra
Law relating to
patents, trademarks,
copyright, design
and geographical
indications
Concept of 2&3 *An Overview-Theories of Same as Above 18&19 July
Property and Intellectual Property Right-
Theories of Intellectual Property as an
Property - Instrument of Development
*Need for Protecting
Intellectual
*Property Policy
Consideration-
*National Perspectives and
International demands.
Types of 5,6 &7 *Origin and Development V.K.Ahuja, 20,22 &25
Intellectual *An Overview- Intellectual Intellectual Property July
Property- Property Rights as Human Rights in India (Lexis
Right- Nexis, Butterworths,
Wadhwa, Nagpur,
2009)

World Intellectual Property Same as Above 26,27&29 July

Organisation (WIPO)-
Role of
Function of WIPO-
International 8&9 Membership of WIPO-
Institutions Agreement between the
WIPO and the WTO-Dispute
Settlement- New Treaties
4
Commercializati Determining Financial Value Same as Above Training 1&2Aug
on of of Intellectual Property students
Intellectual Rights-Negotiating Payments practical
10&11 Terms in Intellectual aspects by IP
Property Rights
Property Transaction experts
by Licensing

Introduction to Patent Law P. Narayanan- 3&5 Aug

Unit-II Patent
12&13 Intellectual Property
Law
Law

Paris Convention-Patent Dr. B.L. Wadehra- 8,9&10 Aug

Cooperation Treaty-WTO- Law relating to
International
TRIPS-Harmonisation of CBD patents, trademarks,
Treaties and 13&14 and TRIPs copyright, design
Convention
and geographical
indications

*Amendments to the Same as Above Case Analysis 16,17&22 Aug

Indian Patent Patents Act
*Patentable Subject Matter,
Law-The
15,16,1 *Patentability Criteria-
Patents Act, *Procedure for Filing Patent
1970-Pre & Post 7,18&19
Applications
Amendment *Patent Granting Procedure
*Revocation of Patent
*Infringement and Remedies
Relevant *Access and Benefit Sharing Same as Above 23,24 &26
Provisions of Issues Aug
the Biological 20
Diversity Act,
2000

Unit-III- Introduction to Copyright V.K.Ahuja, 29,30,31 Aug

*Conceptual Basis- Intellectual Property
Copyright,
*International Protection of Rights in India (Lexis
Neighboring
Copyright and Related rights- Nexis, Butterworths,
Rights and 21&22
An Overview (International Wadhwa, Nagpur,
Industrial Convention/Treaties on 2009)
Designs Copyright)

*The Copyright Act, 1957 Same as Above Presentations 2&5 Sep

with its amendments
Indian
Copyright Law 23&24 *Copyright works-
Ownership, transfer and
duration of Copyright

Renewal and *Procedure for renewal and Same as above 6,7&9 Sep
Termination of termination of Copyright by
25&26
Copyright Copyright Board

Neighboring 24 &25 *Broadcasting Rights Same as Above Case Analysis 12&13 Sep
Performance Rights
5
Rights
*Various remedies in case of
Infringement of infringement of rights
copyrights and
remedies

*Need for Protection of Same as Above Interactive 14 &16 Sep

Industrial Designs session with
*Subject Matter of IP Agents
Protection and
Industrial
Requirements
Designs 26&27
*The Designs Act, 2000-
Procedure for obtaining
Design Protection-
Revocation, Infringement
and Remedies
The Introduction & Significance Same as Above 19 Sep
Semiconductor of Layout Design Act
Integrated
Circuits Layout- 28
Design Act,
2000

Introduction to Trademark P. Narayanan- 20 Sep

Act Intellectual Property
Law

Unit-IV- Dr. B.L. Wadehra

Trademarks 29 Law relating to
patents, trademarks,
copyright, design
and geographical
indications

Need for *Importance of its Same as Above 21&22 Sep

Protection of Protection
Trademarks- 30&31 *Types of Trademark
Kinds of
Trademarks

*International Treaties and V.K.Ahuja, 23 Sep

International conventions ( Madrid Intellectual Property
Legal Convention) Rights in India (Lexis
Instruments on 32 Nexis, Butterworths,
Trademarks Wadhwa, Nagpur,
2009)

Indian 33,34& *Procedural Requirements Same as Above 26,27,28 Sep

Trademarks 35 of Protection of Trademarks
Law- The Trade *Content of the Rights,
*Exhaustion of Rights
and
*Assignment under Licensing
Merchandise *Infringement, Right of
6
Marks Act, Goodwill, Passing Off
1958-
Trademarks Act,
1999

Domain Names *Protection of Domain name Same as Above Presentation 29&30 Sep
and Effects of under the Trademark Act. followed by
New group
36&37 discussion
Technology
(Internet)Servic
e) Act, 1996;

Unit-V- Brief Introduction to GI, P. Narayanan- 3 Oct

Geographical TK,PVFR Intellectual Property
Indications, Law
Traditional Dr. B.L. Wadehra
Knowledge and 38 Law relating to
Protection of patents, trademarks,
Plant Varieties copyright, design
and Farmers' and geographical
Rights. indications

a) Concept of Appellations of Same as Above Case Analysis 4, 6,7 Oct

Origin, Indication of Source
and Geographical Indication-
International
Conventions/Agreements
b)The Geographical
Geographical 39,40&4 Indications of Goods
Indications 1,42 (Registration and Protection)
Act, 2000- Procedure for
Registration, Duration of
Protection and Renewal-
Infringement, Penalties and
Remedies

Traditional 43,44,4 *Meaning and Scope of Same as Above Group 11,12,13&14,

Knowledge 5,46,47, traditional Knowledge – Discussion 18,20,21,Oct
48&49 Interface between IP and
traditional Knowledge –
Need and Significance of
protection - International
instruments on Traditional
Knowledge – Developments
in WIPO.
*Statutory Protection of
Traditional knowledge in
India
*Traditional Knowledge as
Property – Nature of
Property in genetic
Resources and associated
7
 traditional Knowledge
*Ownership in Traditional
Knowledge: Nature and
Elements of Ownership –
Exclusivity and Protection –
Benefit Sharing.
*Protection of Plant Same as Above Judgment 1st to 4th Nov
Varieties and Farmer’s rights Analysis
The Protection 50,51, *GM Corps – Objectives of
of Plant 52,53, Plant Varieties Act –
Varieties and 54, registration of Plant Varieties
Farmers' Rights 55&56 *Duration and effect of
Registration
*Infringement – Offences –
Remedies.
Revision of All 7 Nov to 18
Unites 57 to 60 Nov