NTELLECTUAL PROPERTY RIGHTS – LAWS AND PRACTICE

Intellectual Property:

• Concept of Property vis-à-vis Intellectual Property,
• Concept of Property and Theories of Property – An Overview,
• Theories of Intellectual Property Rights, Meaning,
• Relevance, Business Impact, Protection of Intellectual Property,
• Intellectual Property as an Instrument of Development,
• Need for Protecting Intellectual Property
• Policy Consideration – National and International Perspectives,
• Competing Rationales for Protection of Intellectual Property Rights,
• Intellectual Property Rights as Human Right,
• Determining Financial Value of Intellectual Property Rights,
• Negotiating Payments Terms in Intellectual Property Transaction,
• Intellectual Property Rights in the Cyber World, Paris Convention,
• Patent Cooperation Treaty, WTO- TRIPS, Harmonisation of CBD and TRIPs

Types of Intellectual Property:

• Origin and Development - An Overview, Copyrights, Trademarks,
• Patents, Designs, Utility Models, Trade Secrets and Geographical Indications,
• Bio-Diversity and IPR, Case Studies / Case Laws related to Intellectual Property Rights

Role of International Institutions:

• Introduction to the leading International Instruments concerning Intellectual Property Rights,
• The Berne Convention - Universal Copyright Convention,
• The Paris Convention, Patent Co-operation Treaty, TRIPS,
• The World Intellectual Property Organization (WIPO) and the UNESCO

Indian Patent Law and its Developments:

•  An Overview, Concept of Patent, Product / Process Patents & Terminology,
• The Patents Act, 1970, Amendments to the Patents Act, Patentable Subject Matter,
• Patentability Criteria, Duration of Patents - Law and Policy Consideration,
• Elements of Patentability - Novelty and Non Obviousness (Inventive Steps and Industrial Application), Non - Patentable Subject Matter, Procedure for Filing of Patent Application and types of Applications,
• Procedure for Opposition, Revocation of Patents, Ownership and Maintenance of Patents, Assignment and licensing of Patents,
• Working of Patents - Compulsory Licensing, Patent Agent - Qualification and Registration Procedure, Software and Business Method Patenting in India & other Jurisdiction, Patentable Inventions with Special Reference to Biotechnology Products entailing Creation of New Forms of Life, Case Studies / Case Laws related to Patent Laws .

Patent Databases & Patent Information System :

• Patent Offices in India,
• Importance of Patent Information in Business Development,
• Patent search through Internet,
• Patent Databases.

Patent Documentation, Examination and Infringement :

• Lab Notebooks/Log Books/Record Books, Methods of Invention Disclosures, Patent Application and its Contents, Writing of the Patent Document, Publication of Patent Applications,
• Request for Examination, Process for Examination & Prosecution, Reissue & Re-examination, Literal Infringement,
• Doctrine of Equivalence and Doctrine of Colourable Variation, Contributory Infringement, Defences to Infringement including Experimental Use, Inequitable Conduct, Patent Misuse, Legal Aspects (Act, Rules, and Procedures)

Trademarks :

• Introduction to Trademarks, The rationale of protection of trademark as (a) an aspect of commercial and (b) of consumer rights, Definition and concept of Trademarks, Kinds of marks (brand names, logos, signatures, symbols, well known marks, certification marks and service marks), International Legal Instruments on Trademarks,
• Indian Trademarks Law (The Trade and Merchandise Marks Act, 1958 and Trademarks Act, 1999), Non Registrable Trademarks,
• Procedure for Registration of Trademarks, Opposition Procedure, Procedural Requirements of Protection of Trademarks,
• Content of the Rights, Exhaustion of Rights, Assignment / Transmission / Licensing of Trademarks, Infringement of Trademarks and Right of Goodwill, Passing off Action,
• Offences and Penalties, International Conventions - Madrid Protocol, Domain Names – Domain Names and Effects of New Technology (Internet), WIPO Internet Domain Name Process,
• Case Studies and Case Laws related to Trade Marks

Copyrights :

• Introduction to Copyright - Conceptual Basis,
• International Protection of Copyright and Related rights - An Overview (International Convention/Treaties on Copyright),
• Nature of Copyright, Indian Copyright Law, The Copyright Act, 1957 with its amendments,
• Copyright works, Author & Ownership of Copyright,
• Rights Conferred by Copyright, Assignment, Transmission,
• Licensing of Copyrights, Neighbouring Rights,
• Infringement of Copyrights, Remedies & Actions for Infringement of Copyrights,
• Copyright Societies, Office, Board, Registration of Copyrights & Appeals,
• International Conventions,
• Copyright pertaining to Software/Internet and other Digital media,
• Remedies, especially, possibility of Anton Pillar Injunctive Relief in India,
• Case Studies / Case Laws related to Copyrights

Industrial Designs:

• Need for Protection of Industrial Designs, Subject Matter of Protection and Requirements,
•  What is a Registrable Design, What is not a Design, Novelty & Originality,
• Procedure for Registration of Designs, Copyright under Design, Assignment,
• Transmission, Licenses, Procedure for Cancellation of Design, Infringement, Remedies.

Geographical Indications:

• Concept of Appellations of Origin, Indication of Source and Geographical Indication,
• International Conventions/Agreements, The Geographical Indications of Goods (Registration and Protection) Act, 1999,
• Procedure for Registration, Duration of Protection and Renewal, Infringement, Penalties and Remedies, Case Studies / Case Laws related to Geographical Indication

Layout- Designs of Integrated Circuits:

• The Semiconductor Integrated Circuits Layout-Design Act, 2000,
• Conditions and Procedure for Registration, Duration and Effect of Registration, Assignment and Transmission

Protection of Trade Secrets:

• Meaning of trade secrets, Elements of a trade secret,
• Best Practices of trade secret protection, Regulatory framework of trade secrets, Case Studies / Case Laws related to Infringement of Protection of Trade Secret

Biological Diversity:

• Introduction, Significance of biological diversity,
• Genetic Diversity, Species Diversity, Ecological Diversity,
• Biodiversity Agreements, Impact on Human Beings,
• Case Studies / Case Laws related to Biological Diversity

Protection of Plant Varieties:

• Protection of Plant Varieties and Farmers’ Rights Authority/Registry,
• Registration of Plant Varieties and Essentially Derived Variety,
• Duration and Effect of Registration And Benefit Sharing,
• Farmers’ rights & compulsory licence,
• Case Studies / Case Laws related to Protection of Plant Varieties

Business Concerns in Commercializing Intellectual Property Rights :

•  Competition and Confidentiality Issues, Antitrust Laws,
•  Assignment of Intellectual Property Rights, Technology Transfer     Agreements,
•  Intellectual Property Issues in the Sale of Business,
• Care & Maintenance of Confidential Information, Legal Auditing of Intellectual Property,
• Due Diligence of Intellectual Property Rights in a Corporate Transaction,
•  Management and Valuation of Intellectual Property,
• Case Studies / Case Laws related to Commercialization of Intellectual Property Rights