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INTELLECTUAL PROPERTY RIGHTS LAW

COURSE NAME- INTELLECTUAL PROPERTY RIGHTS LAW
PRICE- Rs. 399/-
COURSE E-BOOK
AUTHOR- Ms. Surbhi Aggarwal, Advocate (B.A. LLB)
LAW INVOLVED- Trademark Act, 1999, Copyright Act, 1957, The Copyright (Amendment) Act, 1994, Patent Act, 1970 (Patent Amendment Act, 2005)
Designs Act, 2000.

TOPICS COVERED IN THE COURSE:

I. Trademark Law
a. Meaning and Essentials of Trademark
b. Classification of Goods and Services
c. Registrar of Trademarks and Registered User
d. Grounds of Refusal of Registration (Section 9 & 11)- Absolute & Relative Grounds
e. Procedure of registration of Trademarks
f. Infringement and Passing Off of Trademarks
g. Trade Dress & Color Combination, Disparagement and Dilution/Tarnishment of Trademark
h. Exhaustion of Intellectual Property Rights- Parallel Trade

II. Copyright Law
a. Introduction- Meaning of Copyright & Pre-requisites of Copyright
c. Works in which Copyright subsists: Literary, Artistic, Musical, Dramatic works, Cinematographic films, sound recordings, works of architecture
d. Performer’s and Broadcaster’s Rights
e. Registration of copyright, ownership authorship and term of copyright, Jurisdiction
f. Infringement of Copyright
g. Contract of Service vs. Contract for Service
h. Assignment of Copyright

III. Patent Law
a. Introduction- Meaning and Types of Patents
b. Pre-requisites for obtaining Patents- Novelty, Inventive Step, Industrial Application
c. Non- Patentable Inventions
d. Product and Process Patents
e. Compulsory Licensing
f. Procedure for Grant of Patent- Application for patent, Specifications (Provisional/Complete Specification), Publication, Examination, Amendment/Division of Application, Opposition Proceedings (Post Grant/Pre-Grant), Grant of Patent
g. Rights of Patentee (Sec 48)
h. Infringement of Patents – Doctrine of Pith & Marrow, Action for Infringement, Reliefs available in suit for infringement, Revocation of Patent

IV. Designs Law
a. Definition and Meaning- Section 2(d) of the Designs Act, 2000
b. Pre-requisites for Design Registration
c. Procedure for Registration of a design
d. Rights Conferred by Registration of a Design
e. Copyright in Registered Designs, Duration & Lapsed Designs
f. Piracy of Registered Designs, Remedies