Intellectual Property Law: Study Notes
The full subject, chapter by chapter. Free to read, no signup. Every chapter ends with the leading cases and the confusions examiners like to exploit.
Unit 1: Introduction & Classification
Meaning, Nature and Classification of IP
What intellectual property is, its nature as intangible property, and its classification into copyright, patents, trademarks, designs and more.
Significance and Need of Protection of IP
Why IP protection matters: incentivising creation, rewarding innovation, and balancing public access.
Main Forms of Intellectual Property
The main forms of IP: patents, copyright, trademarks, industrial designs and geographical indications.
New Forms of Intellectual Property
Emerging forms of IP: trade secrets, plant varieties, semiconductor layout designs and traditional knowledge.
Unit 2: International Framework
Evolution of International Protection of IPRs
The historical evolution of international IP protection from national laws to global conventions.
Paris Convention 1883
The Paris Convention 1883 on industrial property: national treatment, right of priority, and independence of patents.
Berne Convention 1886 and WCT 1996
The Berne Convention 1886 on copyright (national treatment, automatic protection) and the WIPO Copyright Treaty 1996.
PCT, Madrid System and WIPO Conventions
The Patent Cooperation Treaty, the Madrid System for trademarks, and the WIPO-administered conventions.
TRIPS Agreement 1994 and Its Impact
The TRIPS Agreement 1994: minimum standards, enforcement obligations, and its impact on Indian IP law.
Unit 3: Copyright
Copyright: Meaning, Nature, History and Significance
Copyright: meaning, nature, historical development and significance as protection for original expression.
Subject Matter of Copyright and Idea-Expression Dichotomy
Subject matter of copyright and the idea-expression dichotomy: ideas are free, only expression is protected.
Ownership, Assignment and Licensing of Copyright
Ownership of copyright and its transfer through assignment and licensing.
Neighbouring Rights
Neighbouring or related rights of performers, producers of phonograms and broadcasting organisations.
Infringement, Fair Dealing and Remedies
Copyright infringement, the fair-dealing exceptions, and civil and criminal remedies.
Unit 4: Trademarks & Designs
Trademarks: Definition, Kinds and Registration
Trademarks: definition, kinds, and the registration process with absolute and relative grounds for refusal.
Trademarks: Infringement, Passing Off and Remedies
Trademark infringement, the common-law action of passing off, and available remedies.
Trademarks and Internet Domain Names
Trademarks and internet domain names: cybersquatting and domain-name dispute resolution.
Industrial Designs: The Designs Act 2000
Industrial designs under the Designs Act 2000: registrability, term of protection and infringement (piracy).
Unit 5: Patents
Patents: Concept and Historical Overview
The concept of patents as a limited monopoly for disclosure, and the historical overview of patent law.
Patentable Inventions and Exclusions
Patentability tests (novelty, inventive step, industrial application) and the Section 3 exclusions, including 3(d).
Procedure for Obtaining a Patent
The procedure for obtaining a patent: application, examination, publication, opposition and grant.
Rights, Obligations and Limitations on Patent Rights
Patent rights, obligations, and limitations including compulsory licensing under Section 84.
Patent Infringement and Remedies
Patent infringement, defences, and civil remedies including injunction and damages.
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