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Intellectual Property Rights I

Semester 5 · 20 topics in 5 units

Past question papers for Intellectual Property Rights I

Unit I 5 topics

  1. Intellectual property: concept, history and formsWhat makes an idea property, the split between industrial and non-industrial property, how IP law grew from Venice to TRIPS, why creativity is protected, and the main forms of IP recognised in India.6 min
  2. Patents: meaning, patentability and non-patentable inventionsThe definition of invention under the Patents Act, 1970, the three tests of novelty, inventive step and industrial application, product and process patents, the exclusions in sections 3 and 4, and Novartis on section 3(d).8 min
  3. Obtaining a patent: application, specification and oppositionWho may apply, provisional and complete specifications, publication and examination, pre-grant and post-grant opposition under section 25, grant, and the Register of Patents and the Patent Office.6 min
  4. Rights of the patentee, transfer, compulsory licences, government use, surrender and revocationWhat section 48 gives a patentee, how patents are assigned and licensed, the limits imposed by sections 47 and 107A, compulsory licences under sections 84 and 92 with Natco v. Bayer, government use and acquisition, and surrender and revocation.7 min
  5. Infringement of patents, remedies, and offences and penaltiesWhat amounts to infringement of a patent, how claims are construed, the defences, the civil reliefs in sections 104 to 114, Bajaj Auto v. TVS, and Chapter XX as rewritten by the Jan Vishwas Acts of 2023 and 2026.7 min

Unit II 4 topics

  1. Trade marks: meaning, evolution, functions and formsThe definition of mark and trade mark in section 2 of the Trade Marks Act, 1999, how the law developed, the functions a mark performs, the features of a good mark, the kinds of marks the Act recognises, the Registry and Register, and how property in a mark arises.6 min
  2. Registration of trade marks: procedure and grounds for refusalRegistrable and non-registrable marks, the absolute grounds of refusal in section 9 (lack of distinctiveness, descriptive and geographical marks, deceptive and prohibited marks, functional shapes), the relative grounds in section 11, and the registration procedure from application to certificate.7 min
  3. Deceptive similarity and infringement of trade marksThe test of deceptive similarity from Corn Products, Amritdhara and Cadila, the forms of infringement in section 29, the limits in section 30, and the civil and criminal remedies, with the T-T / T-tea and Raymond problems.8 min
  4. Passing off, assignment, rectification, and offences under the Trade Marks ActWhether registration is compulsory, the elements of passing off and how it differs from infringement, assignment and transmission of marks, rectification and removal for non-use, domain names as marks, and the offences and penalties in Chapter XII.7 min

Unit III 4 topics

  1. Intellectual property in cyberspace: software patents, copyright in software and piracyWhat cyber intellectual property means, why IP is hard to protect online, when software can be patented under section 3(k), how the Copyright Act protects computer programmes, and the forms of and remedies for software piracy.6 min
  2. Domain names: registration, cybersquatting and dispute resolutionWhat a domain name is, how .in names are registered, why domain names are protected like trade marks (Satyam Infoway), cybersquatting and related practices, and resolution of disputes under the UDRP, the INDRP and through the courts.5 min
  3. Cyber crime and data protection in cyberspaceMeaning and categories of cyber crime, the offences in Chapter XI of the IT Act and the BNS, Shreya Singhal and section 66A, and data protection from section 43A to the Digital Personal Data Protection Act, 2023 and its phased commencement.7 min
  4. The Information Technology Act, 2000: salient features, e-commerce, e-contracts and internet policyThe scheme of the IT Act, electronic records and digital and electronic signatures, the Controller of Certifying Authorities and his powers, e-commerce and the formation of e-contracts under sections 10A to 13, the IPR provisions of the Act, and India's internet policy.7 min

Unit IV 3 topics

  1. Geographical indications: meaning, important Indian GIs and the 1999 ActThe definition of geographical indication in section 2(1)(e), why GIs are protected, examples from India and Karnataka, the salient features of the Geographical Indications of Goods (Registration and Protection) Act, 1999, and the Basmati and turmeric controversies.6 min
  2. Registration of geographical indications: conditions, procedure, prohibitions and the RegistrarWho may apply and what the application must show, the stages from filing to certificate, registration of authorised users, the GIs whose registration is prohibited under section 9, the role and functions of the Registrar, and the Tirupati Laddu problem.6 min
  3. Geographical indications: right to use, infringement, remedies and conflict with trade marksThe rights section 21 gives the registered proprietor and authorised users, misleading use and infringement under section 22, civil and criminal remedies, the rules in sections 25 and 26 on GIs and trade marks, and the differences between the two.7 min

Unit V 4 topics

  1. The Paris Convention for the Protection of Industrial Property, 1883Background and revisions of the Paris Convention, its three pillars of national treatment, right of priority and independence of rights, the common rules on patents, marks, trade names and unfair competition, its administration, and how it is reflected in Indian law.6 min
  2. The Patent Cooperation Treaty, 1970Why the PCT was made, its objectives, the international phase (filing, international search, publication, optional preliminary examination) and the national phase, its advantages, and how the Indian Patents Act gives effect to it.4 min
  3. The Madrid system: international registration of marksThe Madrid Agreement of 1891 and the Madrid Protocol of 1989, how an international application is filed and processed, dependency and central attack, refusal, duration and renewal, and Chapter IVA of the Trade Marks Act through which India joined the Protocol in 2013.5 min
  4. The World Intellectual Property Organisation (WIPO)How WIPO grew out of the Paris and Berne Bureaux, its objectives and functions under the 1967 Convention, its organs, the treaties and services it administers, its relationship with the WTO, and India's place in it.4 min