IPR
COURSE III- INTELLECTUAL PROPERTY RIGHTS -II
OPTIONAL V
Lesson plan : (For : III yr /III year LLB Final years) 1 Feb to 26 May, 2012.
Course Teacher : Ms. Chaithanya Nair.s, Lecturer.
Significance of the study of intellectual property rights in the present era. Familiarizing learners about he documentation and administrative procedures about intellectual property law. Inducing the syllabus and crating interest in learning /PR as a subject of law.
UNIT I
Introduction to Indian copy right law- History of copyright. The recognition of copyright in ancient times. Roman law and copyright origin and creation of copyright and related rights.
Statutory definition of copyright and nature of copyright.
‘Copyright’ as a creation of statute
Object of Copyright
- Salient features of copyright
- Act. Subject matter of copyright subsist in certain works
- Discussion on different kinds of work.
- Statutory definition of copyright and nature of copyright.
a) Literacy e) Cinematograph film
b) Dramatic f) Sound recording
c) Musical g) government work.
d) Artistic
The principles of the copyright Act of 1957. Limitations of copyright protection.
The copyright amendment Act of 1983. Summary of the amendments effected and other amendments in 1984, 1992, 1994 etc.,
Is copyright a negative rights Discussion on the multiple nature of copyright law and neighboring rights.
Requirements of copyright procedure for protection through registration and term of copy right.
“Copyright subsist only in the form of expression not in idea”
Discussion on ‘Idea V. Expression’ Dichotomy.
“Copyright’- Whether a monopoly right.
Case laws on copyright protection.
– ‘ LITERARY Work’
Definition of literary work in the Indian copy right law.
Computer Data base- whether a literary work.
– ‘ LITERARY Work’
What is protected as Literary work?
Adaptation of literary work.
Abridgement and adaptation of literacy work.
Originality of literary work. Protection of Historical work, lecturers, letters, information, dictionary, collective work, etc.,
Computer programme as a literary work other illustration of literary work.
‘Dramatic Work’
Definition of dramatic work under the Indian law and English law. Different kinds of dramatic works like choreography, drama, film based acting ballet, etc shall be discussed.
‘Musical Work’
Definition of the work, originality of musical work. Adaptation, arrangements, transcription of musical work.
‘Performers Right’
‘Performers Right’in musical work. Singer, composes and the actor of the song, whose right prevails and who gets copyright in musical work.
– ‘Artistic Work’
Definition of work
Different kinds of work – Sculptures, engravings, plastic moulds, furniture, paintings, etc adaptation of the work.
– ‘Drawings & Copyright’ protection.
Derivative drawings, industrial drawings, Engineering drawings, three dimensional drawings, patent and design drawings.
- Photography and copyright
- Work of architecture and craftsmanship
- Term of protection
- Cinematograph film and sound recordings
- Definition of the term
- Effect of protection
- Particulars to be displayed in sound recordings.
- Author and ownership of copyright.
- Nationality requirements, apprenticeship contract of service etc.
- Right conferred by copyright
- Economic rights and Moral rights
- False attribution of authorship
Assignment, transmission and relinquishment of copyright.
- Infringement of copyright
- Grounds of infringement
- Matters taken into consideration
- Test of infringement
- What constitutes infringement.
- Exceptions to infringement
- Remedies against infringement of copyright.
- Acts not constituting infringement
UNIT –II
– ‘Biological Diversity Law’
Introduction and overview of Bio-diversity Assignment, ‘Biological Diversity’ – Reserves in India.
The need for Bio-diversity protection.
‘Meaning and Scope of Biological Diversity’
India- a Mega Biodiversity country in the world.
- ow can Biodiversity be protected?
- Legal framework of protection
- Is biodiversity protection essential?
- Biological resources and traditional knowledge.
- Protecting indigenous knowledge of India.
- Research into the traditional knowledge and outcomes.
- Salient features of Biological Diversity Act
- Biodiversity concerns and issues.
- ‘Bio-Piracy’ – activities affecting adversely the eco-system
- Regulation of access to Bio-diversity by the C.D.B (Convention on Bio-diversity)
- The development of Bio-diversity protection
- National projects and other enactments
- Protected areas
–‘National Biodiversity Authority’
- Functions and powers of the authority
–‘State Bio-diversity board’.
- Biodiversity management committee and its functions.
- International programs for the Bio-diversity protection.
- Discussion on the importance of Bio-diversity and environmental protection in India.
- Introduction to the protection of plant varieties.
- Types of plant varieties.
- Importance of farming or agriculture
- Farmer’s rights
- Law relating to protection of farmer’s rights.
- Plant breeders rights
- Protection of breeders
- The legal concept relating to the protection of plant varieties.
- I.P.R. in ndw plant varities
- Farmers Rights V. Breeders Rights
- Policy and objectives of protection of plant varieties and farmers rights act.
Plant varieties and farmers rights protection authority.
- National register of plant varieties
- Procedure followed for registration.
- Right and privileges of the farmers.
‘ Benefit Sharing’
Between Breeders and farmers compensation to communities.
‘Compulsory License’
Compulsory license for creation and use of new plant varieties.
- Infringement of rights
- Relief against infringement.
‘National Gene fund’
- The function of the fund and its relevance
Unit – IV
DESIGN LAW
- Introduction to designs
- Overview of the design act.
- Scope of design act.
- Salient features of design
- What is not to be registered as a design
- Development of the law of designs in India.
- Historical out look.
- Registration of Designs
- Which articles may be and may not be registered.
- Procedure for registration.
- Certificate of registration
- Register of designs
- Copyright of registered Designs
- Creation and duration of copyright in Design.
- Lapsed design.
- Rights of the proprietor of design
- Obligation of the propertied
- Inspection of designs
- Publication of design
- Cancellation of registration of Design.
- Controller of Designs
- Power and duties of the contorller
- Privilege of the controller
- Discretion, Evidence before controllers
- Report of controller
- Infringement of designs
- Reliefs and grounds of infringement Privilege of the cont
- Exhibition of Design
- Industrial and international exhibition
- Impact of exhibition on the status of design.
- Piracy of registered design and liability of the infringer
- Legal proceedings in the design piracy.
- Assignment and transfer of registered design.
- Distinction between design, trademark, copyright and patents.
UNIT V
- International treaties and conventions on IPR
- General discussion on the treaties so far concluded.
TRIPS Agreement’
- The backgrounds of trips agreement
- Causes for Trips agreement.
- Impact of trips in India
- Salient features of the agreement
Berne Convention’
- Historical background
- Principles of Berne convention.
- Changes brought into the IPR regime by Berne convention.
- Paris convention
- Background of Paris convention.
- Salient features of Paris convention
- Impact of Paris convention and IPR Paris convention
- Convention on Bio-diversity- C.B.D.
- Objectives of the CBD
- Features of CBD.
- The principles of CBD and its relevance in Bio-diversity protection of India.
- International IPR agreements affecting protection of plant varieties.
- Creation of new seeds and the Gene pool.
- Plant variety protection and the WTO Doha round of trade negotiations.
- The principles of the International trade negotiations.
- India and international negotiations.
- Effect of the convention protection of rental rights by the convention.
- WIPO
- WIPO Convention for the protection of performance and phonograms
- The Hague agreement for protection of IPR
- The Locaino Agreement
- Protection of Broad casting organizations
- International treaty on plant genetic resources (ITPGR)
- Salient features of the treaty
- The impact of international\ treaties and the success of IPR as a law in India. Conclusion of the subject by giving an outlook of IP as the fastest growing subject and suggestions for more protection.
- Revision of the subject Unit I to Unit V- Discussion based on previous question paper.
REFERENCES
- W.R. Cornish, Intellectual property rights
- Justice P.S. Narayana, I.P. Law in India
- N.K.Acharya – Intellectual Property Rights
- Ganguli – Intellectual Property rights
Unleashed the knowledge economy.
- Das. J.K. - Intellectual property Right
- Elizabeth Verkey – Law of plant varieties protection.
- Unni – Trademark, Design and cyber property rights
- R.K. Nagarajan- Intellectual property Law
- P.Narayanan, Coyright and industrial – Designs
Principal Message
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