PROGRAMME SEMESTER COURSE NAME COURSE CODE
LL.M I Intellectual Property law  

 

Intellectual Property law

This paper is divided into three parts – Copyright, Neighboring Rights/Related Rights, and Industrial Designs. The students are required to make detailed study of the topics provided in the syllabus with the help of decided cases and also by referring to international conventions and treaties, most particularly, the Paris Convention for the Protection of Industrial Property, 1883; Berne Convention for the Protection of Literary and Artistic Works, 1886; Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organization , 1961; and WIPO Performances and Phonograms Treaty, 1996.The students are also required to consult the latest material in copyright law which refers to 2012 amendments)

PART A

COPYRIGHT

(COPYRIGHT ACT, 1957 AS AMENDED)

TOPIC I – HISTORICAL BACKGROUND OF THE LAW OF COPYRIGHT

  1. History of copyright law in India
  2. Berne Convention, Universal Copyright Convention, Rome Convention, TRIPS Agreement and Indian Copyright Law
  3. Amendments to Copyright Act, 1957 – 1983, 1984, 1992, 1994, 1999 and 2012 amendments

TOPIC II – CONCEPT OF COPYRIGHT

  1. Idea-Expression Dichotomy
  2. Doctrine of Labour, skill and effort
  3. Doctrine of Sweat of Brow – Its rejection in the contemporary time

TOPIC III – SUBJECT MATTER OF COPYRIGHT

  1. Protected Works- Meaning of Work (Sec. 2(y)) – Classes of work in which copyright subsists ( Section 13)
  2. Original Work – Literary, Dramatic, Musical and Artistic Works
  3. Derivative Works – Cinematograph Film, Sound Recording
  4. The requirements of “originality” for Literary, Dramatic, Musical and Artistic works

TOPIC IV – RIGHTS OF COPYRIGHT OWNER

  1. Economic Rights (Section 14)
  2. Literary, Dramatic, Musical and Artistic Works (special focus on the following)
  3. Right of Reproduction
  4. Right of public communication, Right to Perform the work in Public
  5. Right to Communicate
  6. Right to make cinematograph film or Sound Recording (for literary, dramatic or musical works)
  7. Right to make Adaptation of the Work
  8. Right to make Translation ( not for Artistic work)
  9. Right to Rental ( for Computer Programs, Cinematograph Films, and Sound Recordings)
  10. Right in Cinematograph Film
  • Right in Sound Recording

(The students are required to study the multiple rights in the derivative works)

  1. Moral Rights of the Author (Section 57)
  2. Right of disclosure
  3. Right of paternity
  4. Right of integrity

TOPIC V – OWNERSHIP OF COPYRIGHT

  1. Concept of ‘author’ owners of right – original and first owner, secondary owner, Ownership of Copyright in work made under Contract of Services and Contract for Services, joint authorship, ownership in respect of cinematograph and audiovisual works (Section 17)
  2. Term of Copyright (Sections 22 to 29)

TOPIC VI – EXPLOITATION/TRANSFER OF COPYRIGHT

Various Method of Exploitation of Copyright

  1. Assignment of Copyright (Sections 18-21)
  2. Licensing of Copyright (Sections 30 – 32B)
  3. Voluntary Licenses
  4. Statutory Licenses
  5. Compulsory Licenses
  6. Role of Copyright Societies in the Administration of Copyright (Sections 33 – 36A)

 

TOPIC VII – INFRINGEMENT OF COPYRIGHT AND EXCEPTIONS TO COPYRIGHT

  1. Infringement of Copyright (Section 51) with special focus in infringement of copyright in digital environment
  2. Primary Infringement
  3. Secondary Infringement
  4. Exceptions to Copyrights – Permitted Uses or Acts not amounting to Infringement (Section 52)
  5. Marrakesh Treaty facilitates access to published works to print disabled persons, 2013 and Copyright Act.

TOPIC VIII – REMEDIES FOR INFRINGEMENT OF COPYRIGHT

  1. Civil and Criminal Remedies
  2. Administrative Remedies – Role of Copyright Board; Importation of infringing copies of the work in India and the Role of Customs authorities/Commissioner of Customs.
  3. Criminal Remedies for Circumvention of Technological Measures and Right Management Information.

PART B

(NEIGHBORING RIGHTS/RELATED RIGHTS)

  1. Introduction to Neighboring Rights/ Related Rights in General – Performers’ Rights. Rights of Producers of Phonograms and Rights of Broadcasting Organizations
  2. Performers’ Rights (Section 38) – Meaning of “Perfomer” and “Performance” (Section 2), Exclusive Rights of Performers (Section 38A), and Moral Rights of Performers (Section 38B)
  3. Rights of Broadcasting Organizations (Section 37)
  4. Act not constituting Infringement of Performers’ Rights and Rights of Broadcasting Organization (Section 39 – 39A)
  5. Rome Convention and TRIPS Agreement on neighboring rights

PART C

INDUSTRIAL DESIGNS – DESIGNS ACT, 2000

  1. Introduction and Historical Background of Designs Law in India
  2. Meaning of “Design”, “Article”, “Copyright” and other Terms (Section 2)
  3. Classification of Goods for Registration of Designs
  4. Inter-face between Copyright and Design (Section 15 of the Copyright Act, 1957)
  5. Copyright in Registered Designs (Section 11-20)
  6. Overlapping between Trademark and Design
  7. Procedure for Registration of Design (No requirement of Advertisement of Application and inviting Oppositions under the Design Act, 2000) (Section 3 – 10)
  8. Cancellation of Registration of Design (Section 19)
  9. Special provision for Industrial and International Exhibitions (Section 21)
  10. Piracy of Registered Designs and Remedies (Section 22)

PRESCRIBED READINGS

  1. Narayanan, Law of Copyright and Industrial Designs (Latest edition)
  2. WIPO Intellectual Property Handbook: Policy, Law and Use (2004)
  3. Copinger and Skone James on Copyright (Latest edition)
  4. R Cornish and David Liewelyn, Intellectual Property: Patents, Copyright, Trademark and Allied rights (Latest edition)
  5. Ashwani K. Bansal, Designs Law in India (2012)
  6. K. Ahuja Intellectual Property Rights in India (2015)
  7. Alka Chawla, Law of Copyright and Related Rights: National and International Perspectives (2012)
  8. Raman Mittal, Licensing Intellectual Property (2011)
  9. MihalyFicsor, The Law of Copyright and the Internet (2002)
  10. Suman Gupta, Copyright Education Programs in Academic Institutions, XII-XIII, National Capital Law Journal (2007-2008) page 37
  11. Suman Gupta, Trips agreement: Enforcement Provisions for Intellectual Property Protection,
  12. National Capital Law Journal, vol ix (2004), p.57
  1. Suman Gupta,Exceptions to Copyright: Fair Dealing and Others, Demystifying Copyright Law, (ed.) Prof.AshwaniKr.Bansal, Facultyof Law, University of Rajasthan and Ministry of Human Resources Development (2001), p.192
  2. SumanGupta,An Author’s Moral Right, Copyright Law, (ed.) Prof. AshwaniKr.Bansal  (2001), p.249