CS PROFESSIONAL ELECTIVE 4 - INTELLECTUAL PROPERTY RIGHTS – LAW AND PRACTICE
MODULE 3 ELECTIVE PAPER 4
INTELLECTUAL PROPERTY RIGHTS – LAW AND PRACTICE
Introduction
Meaning, Relevance, Business Impact, Protection of Intellectual Property
Copyrights, Trademarks, Patents, Designs, Utility Models, Trade Secrets and Geographical Indications
Bio-diversity and IPR
Competing Rationales for Protection of Intellectual Property Rights
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
Concept of Patent
Product / Process Patents & Terminology
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
Patent Databases & Patent Information System
Patent Offices in India
Importance of Patent Information in Business Development
Patent search through Internet, Patent Databases
Preparation of Patent Documents
Lab Notebooks/Log Books/Record Books
Methods of Invention Disclosures
Patent Application and its Contents
Reading & Writing of the Patent Document
Process for Examination of Patent Application
Publication of Patent Applications
Request for Examination
Process for Examination & Prosecution
Reissue & Reexamination
Patent Infringement
Literal Infringement
Doctrine of Equivalence and Doctrine of Colorable Variation
Contributory Infringement
Defenses to Infringement including Experimental Use, Inequitable Conduct, Patent Misuse
Legal Aspects (Act, Rules, Procedures)
Recent Developments in Patent System
Software and Business Method Patenting in India & other Jurisdiction
Patentable Inventions with Special Reference to Biotechnology Products entailing Creation of New Forms of Life
Trademarks
The rationale of protection of trademark as (a) an aspect of commercial and (b) of consumer rights
Definition and concept of Trademarks
Different kinds of marks (brand names, logos, signatures, symbols, well known marks, certification marks and service marks)
Non Registrable Trademarks
Procedure for Registration of Trademarks
Opposition Procedure
Assignment/Transmission/Licensing of Trademarks
Infringement of Trademarks
Passing off Action
Offences and Penalties
International Conventions- Madrid Protocol
Domain Names
WIPO Internet Domain Name Process
Copyrights
Nature of Copyright
Works in which Copyrights subsist
Author & Ownership of Copyright
Rights Conferred by Copyright
Assignment, Transmission, Licensing of Copyrights
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 Injunction Relief in India.
Industrial Designs
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
Meaning and Nature
Who are entitled for registration
Conditions & Procedure for Registration
Offences and Penalties
Protection of Trade Secrets
Key Business Concerns in Commercialising Intellectual Property Rights
Competition and Confidentiality Issues, Antitrust Laws
Employee Confidentiality
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
Recent Trends and Development
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