Syllabus (MASTERS OF LAW)
Course Type: DSS-101
Semester: 1
Course Code: MLLMDSSA103T
Course Title: FUNDAMENTALS OF IPR
(L-P-Tu): 5-0-1
Credit: 6
Practical/Theory: Theory
Course Objective: See Below
Learning Outcome: See Below
FUNDAMENTALS OF IPR
| Full Marks: 100 Total Credit= 6 | End Semester Exam. - 80 Internal Exam. - 20 | Course Code: No. of Hours of Teaching: 90 Hrs. |
| Course Objectives | The objectives of the Course are as under: |
| | To acquire knowledge about the various stages of developments of IPRs |
| | To gain knowledge about the various theories of IPRS |
| | To acquire knowledge about the various fundamental issues of IPRs |
| | To develop skills of analysing various aspects of the TRIPS Agreements |
| | To acquire knowledge about the impacts of IPRS on Human Rights |
| | To build up an understanding about the new dimensions of IPRS |
| Learning Outcome | After the successful completion of this Course, a student is expected to learn the followings: |
| | Building up of an understanding about the historical developments and theoretical basis of IPRS |
| | Role of the international bodies in developing the IPR framework in the world |
| | Develop the skills addressing the issues linked to the IPR matters |
| IMPORTANT INSTRUCTIONS TO THE EXAMINEES: |
| 1 | PATTERN OF QUESTIONS: The examinees are required to answer any FOUR questions and each question carries 20 Marks. |
| 2 | The examinees must answer the questions in English and they are required to attempt the questions in their own languages as far as practicable. |
| Module/ Unit No. | Title of the Module | Lectures/ Tutorials to be delivered |
| 1 | BASICS OF IPRS | 15 |
- Concept, Nature and Scope of Intellectual Property Rights
- Types of Intellectual Property Rights
- Historical Background of Intellectual Property Rights
- Significance of Intellectual Property Rights and Its Enforcement
- Indian knowledge System and IPR
|
| 2 | FOUNDATIONS OF IPRS | 20 |
- Intellectual Property Rights: Private Rights versus Public Interests
- Theories of Intellectual Property Rights
- IPR and International Legal Instruments
- WIPO and Its Functions
|
| 3 | ECONOMIC ASPECTS OF INTELLECTUAL PROPERTY RIGHTS | 8 |
- Economic analysis of Intellectual Property Rights
- Commercialisation of IPRs
- Interface Between IPR And Competition Law
- Intellectual Property Rights and third world countries
|
| 4 | TRIPS AGREEMENT | 8 |
- Historical and Legal Background to TRIPS
- Objectives and Principles of TRIPS Agreement
- Impacts of the TRIPS Agreement
- Agreement between WIPO and WTO
|
| 5 | SUI GENERIS MODEL AND IPRs | 9 |
- International framework for the protection of IPRs under the sui generis model- UPOV-1 and UPOV- 2
- India’s responses to the sui generis model of protection of IPRs
|
| 6 | TRANSFER OF TECHNOLOGY | 10 |
- Role of IPRs in innovative, ethical and sustainable society
- Impacts of the TRIPS Agreement on innovation and dissemination of technology
|
| 7 | HUMAN RIGHTS AND IPR | 10 |
- Overlapping of Human Rights and IPR
- IPR and realisation of Human Rights
- Role of Government in the Administration of IPR
- Bioethics and IPRs: Concept- Principles of bioethics, Benefit sharing,International framework on bioethics, India and Bioethical norms
|
| 8 | NEW TRENDS OF INTELLECTUAL PROPERTY RIGHTS | 10 |
- Biotechnology and IPR Issues
- Digitisation and IPR issues
- Personality right and IPR issues
- Application of AI and IPR Issues
|
| SUGGESTED READINGS |
| Disclaimer: The latest volumes of below mentioned books are to be preferred. However the list of books is not an exhaustive one. |
- Ahuja V.K, Intellectual Property Rights in India (3rd Edition, July 2017,LexisNexis, Butterworths, Wadhwa, Nagpur)
- Bainbridge, David, Intellectual Property Rights,10th Edition, Pearson
- Correa, Carlos M, Trade Related Aspects of Intellectual Property Rights, A Commentary on TRIPS Agreement( Oxford University, Press, Oxford/New York, 2007)
- Cornish W.R, Case and Materials on Intellectual Property, 3rd Edition (1999)
- Das, J.K, Intellectual Property Rights (2008)
- Steven D Anderman (ed.) The Interface between Intellectual Property Rights and Competition Policy, (Cambridge University Press, New York, 2007)
- Vashisth V, Law and practice of Intellectual Property in India,(1999)
- WIPO Intellectual Property Handbook, (2004); WIPO Intellectual Property Law; Introductory notes, WIPO Intellectual Property Handbook; Law Policy and use (2004)
- Wadhera, B.L, Law relating to Patents, Trademarks, Copyrights, Designs and Geographical Indications, Fifth Edition, 2016
|
Basic Features
Undergraduate degree programmes of either 3 or 4-year duration, with multiple entry and exit points and re-entry options, with appropriate certifications such as:
- UG certificate after completing 1 year (2 semesters with 40 Credits + 1 Summer course of 4 credits) of study,
- UG diploma after 2 years (4 semesters with 80 Credits + 1 Summer course of 4 credits) of study,
- Bachelor’s degree after a 3-year (6 semesters with 120 credits) programme of study,
- 4-year bachelor’s degree (Honours) after eight semesters (with 170 Credits) programme of study.
- 4-year bachelor’s degree (Honours with Research) if the student completes a rigorous research project (of 12 Credits) in their major area(s) of study in the 8th semester.
Note: The eligibility condition of doing the UG degree (Honours with Research) is- minimum75% marks to be obtained in the first six semesters.
- The students can make an exit after securing UG Certificate/ UG Diploma and are allowed to re-enter the degree programme within three years and complete the degree programme within the stipulated maximum period of seven years.