CS PROFESSIONAL ELECTIVE 4 - INTELLECTUAL PROPERTY RIGHTS – LAW AND PRACTICE

MODULE 3 ELECTIVE PAPER 4

INTELLECTUAL PROPERTY RIGHTS – LAW AND PRACTICE

Introduction

1. Meaning, Relevance, Business Impact, Protection of Intellectual Property

2. Copyrights, Trademarks, Patents, Designs, Utility Models, Trade Secrets and Geographical Indications

3. Bio-diversity and IPR

4. Competing Rationales for Protection of Intellectual Property Rights

5. Introduction to the leading International Instruments concerning Intellectual Property Rights: the Berne Convention, Universal Copyright Convention, The Paris Convention, Patent Cooperation Treaty, TRIPS, The World Intellectual Property Organization (WIPO) and the UNESCO

Patents

1. Concept of Patent

2. Product / Process Patents & Terminology

3. Duration of Patents- Law and Policy Consideration Elements of Patentability,- Novelty and Non Obviousness (Inventive Steps and Industrial Application, Non- Patentable Subject Matter

4. Procedure for Filing of Patent Application and types of Applications

5. Procedure for Opposition

6. Revocation of Patents

7. Ownership and Maintenance of Patents

8. Assignment and licensing of Patents

9. Working of Patents- Compulsory Licensing

10. Patent Agent- Qualification and Registration Procedure

Patent Databases & Patent Information System

1. Patent Offices in India

2. Importance of Patent Information in Business Development

3. Patent search through Internet, Patent Databases

Preparation of Patent Documents

1. Lab Notebooks/Log Books/Record Books

2. Methods of Invention Disclosures

3. Patent Application and its Contents

4. Reading & Writing of the Patent Document

Process for Examination of Patent Application

1. Publication of Patent Applications

2. Request for Examination

3. Process for Examination & Prosecution

4. Reissue & Reexamination

Patent Infringement

1. Literal Infringement

2. Doctrine of Equivalence and Doctrine of Colorable Variation

3. Contributory Infringement

4. Defenses to Infringement including Experimental Use, Inequitable Conduct, Patent Misuse

5. Legal Aspects (Act, Rules, Procedures)

Recent Developments in Patent System

1. Software and Business Method Patenting in India & other Jurisdiction

2. Patentable Inventions with Special Reference to Biotechnology Products entailing Creation of New Forms of Life

Trademarks

1. The rationale of protection of trademark as (a) an aspect of commercial and (b) of consumer rights

2. Definition and concept of Trademarks

3. Different kinds of marks (brand names, logos, signatures, symbols, well known marks, certification marks and service marks)

4. Non Registrable Trademarks

5. Procedure for Registration of Trademarks

6. Opposition Procedure

7. Assignment/Transmission/Licensing of Trademarks

8. Infringement of Trademarks

9. Passing off Action

10. Offences and Penalties

11. International Conventions- Madrid Protocol

12. Domain Names

13. WIPO Internet Domain Name Process

Copyrights

1. Nature of Copyright

2. Works in which Copyrights subsist

3. Author & Ownership of Copyright

4. Rights Conferred by Copyright

5. Assignment, Transmission, Licensing of Copyrights

6. Infringement of Copyrights

7. Remedies & Actions for Infringement of Copyrights

8. Copyright Societies, Office, Board, Registration of Copyrights & Appeals

9. International Conventions

10. Copyright pertaining to Software/Internet and other Digital media

11. Remedies, especially, possibility of Anton Pillar Injunction Relief in India.

Industrial Designs

1. What is a Registrable Design

2. What is not a Design

3. Novelty & Originality

4. Procedure for Registration of Designs

5. Copyright under Design

6. Assignment, Transmission, Licenses

7. Procedure for Cancellation of Design

8. Infringement

9. Remedies

Geographical Indications

1. Meaning and Nature

2. Who are entitled for registration

3. Conditions & Procedure for Registration

4. Offences and Penalties

Protection of Trade Secrets

Key Business Concerns in Commercialising Intellectual Property Rights

1. Competition and Confidentiality Issues, Antitrust Laws

2. Employee Confidentiality

3. Assignment of Intellectual Property Rights

4. Technology Transfer Agreements

5. Intellectual Property Issues in the Sale of Business

6. Care & Maintenance of Confidential Information

7. Legal Auditing of Intellectual Property

8. Due Diligence of Intellectual Property Rights in a Corporate Transaction

Management and Valuation of Intellectual Property

Recent Trends and Development