INTELLECTUAL PROPERTY RIGHTS

Teacher

Sangram Routray

Category

Core Courses

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Course Name : INTELLECTUAL PROPERTY RIGHTS

Code(Credit) :CUTM1680(4-0-0)

Course Objectives

The main objective of the IPR is to make the students aware of their rights for the protection
of their invention done in their project work.
2. To get registration in our country and foreign countries of their invention, designs and thesis
or theory written by the students during their project work and for this they must have
knowledge of patents, copy right, trademarks, designs and information Technology Act.
3. Further teacher will have to demonstrate with products and ask the student to identify the
different types of IPR’s.

Learning Outcomes

  • 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 teams, solve problems and manage time

  • Analyse ethical and professional issues which arise in the intellectual property law context

  • Write reports on project work and critical reflect on your own learning.

Course Syllabus

MSCS1105-INTELLECTUAL PROPERTY RIGHTS (MCSDFT-105)

MODULE (I):                                                                                                           

 

Intellectual Property -Meaning and concept of intellectual Property and the need for protection – The world Intellectual property Organization (WIPO) Convention - Origin and functions of World Trade Organization (WTO) - Trade Related Intellectual Property Rights (TRIPS) Agreement of WTO and its effects on Intellectual Property law in India; Dispute Settlement Mechanism.

 

MODULE (II):                                                                                                         

 

Patents -The Patents Act O(1970), object definitions, salient features, patentable and non- patentable inventions, product and process patents–Patent applicants, provisional and complete specifications, priority dates, of claims, opposition to grant of patent, anticipation, provisions for secrecy of certain inventions - Patent office and power of Controller - Grant and sealing of patents, rights of patentees, rights of co-owners of patents, term of patent, patents of addition, assignment and transmission, register of patents - Amendment of applications and specifications, restoration of lapsed patents, rights of patentees of lapsed patents, surrender and revocation of patents - Compulsory licenses, exclusive marketing rights, licenses of right, use of invocation of patents purposes of government, acquisition of inventions by Central Government - Remedies for infringement of patents - Patent agents, scientific advisers, international arrangements - Right of plant breeders and farmers - National Law on Biological Diversity.

 

MODULE (III):                                                                                                        

 

Trade Marks -The Trade Mark Act (1999), object, definitions, salient features, marks registrable and non–registrable, conditions for registration, absolute and relative grounds for refusal of registration, procedure for and duration of registration, effects of registration - Powers and functions of Registrar - Distinctiveness, deceptive similarity, concurrent registration, rectification and correction of register - Assignment and transmission - Use of trademarks and registered users, collective marks, registration of certification mars, trade mark agents - Appellate board - Infringement action, passing off action - International treaties.

 

MODULE (IV):                                                                                                                    

 

Copyright- The Copyright Act (1957) and recent amendments: works in which copyright subsists -meaning of copyright; ownership and rights of the owner; assignment; term of copyright - Registration of copyright; compulsory licenses - copyright societies - Rights of broadcasting organizations and of performers -International copyright - Acts constituting & not constituting infringement; remedies for infringement.

Session Plan

Session 1

Meaning and concept of intellectual Property and the need for protection

IPR-1

Session 2

The world Intellectual property Organization (WIPO) Convention

IPR-2

Session 3

Origin and functions of World Trade Organization (WTO)

IPR-3

Session 4

Trade Related Intellectual Property Rights (TRIPS)

IPR-4

Session 5

Agreement of WTO

IPR-5

Session 6

effects on Intellectual Property law in India

IPR-6

Session 7

Dispute Settlement Mechanism(IP)

IPR-7

Session 8

Patents -The Patents Act O(1970), object definitions, salient features

Session 9

patent able and non- patent able inventions, product and process patents–Patent applicants

Session 10

provisional and complete specifications, priority dates, of claims, opposition to grant of patent, anticipation

Session 11

provisions for secrecy of certain inventions - Patent office and power of Controller

Session 12

Grant and sealing of patents, rights of patentees, rights of co-owners of patents, term of patent

IPR-12A

Session 13

patents of addition, assignment and transmission, register of patents - Amendment of applications and specifications

IPR-13

Session 14

restoration of lapsed patents, rights of patentees of lapsed patents, surrender and revocation of patents

IPR-14

Session 15

Compulsory licenses, exclusive marketing rights, licenses of right

IPR-15

Session 16

use of invocation of patents purposes of government, acquisition of inventions by Central Government

IPR-16

Session 17

Remedies for infringement of patents - Patent agents, scientific advisers, international arrangements

IPR-17

Session 18

Right of plant breeders and farmers - National Law on Biological Diversity

IPR-18

Session 19

Trade Marks -The Trade Mark Act (1999), object, definitions, salient features

IPR-19

Session 20

marks registrable and non–registrable, conditions for registration

IPR-20

Session 21

absolute and relative grounds for refusal of registration, procedure for and duration of registration, effects of registration

IPR-21

Session 22

Powers and functions of Registrar - Distinctiveness

IPR-22

Session 23

 Deceptive similarity, concurrent registration, rectification and correction of register

IPR-23

Session 24

Assignment and transmission - Use of trademarks and registered users, collective marks

IPR-24

Session 25

Appellate board - Infringement action, passing off action - International treaties

IPR-25

Session 26

Copyright- The Copyright Act (1957) and recent amendments

IPR-26

Session 27

works in which copyright subsists -meaning of copyright

IPR-27

Session 28

ownership and rights of the owner; assignment

IPR-28

Session 29

term of copyright - Registration of copyright

IPR-29

Session 30

compulsory licenses - copyright societies

IPR-30

Session 31

Rights of broadcasting organizations and of performers

IPR-31

Session 32

International copyright - Acts constituting & not constituting infringement; remedies for infringement.

IPR-32

Case Studies

Case Studies

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