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Intellectual Property Rights II

Semester 6 · 17 topics in 5 units

Past question papers for Intellectual Property Rights II

Unit I 5 topics

  1. Copyright: origin, nature, salient features and the Copyright BoardHow copyright grew from printing privileges to the Copyright Act, 1957, what kind of right it is, the salient features of the Act as amended up to 2026, and what became of the Copyright Board.7 min
  2. Subject matter of copyright: works, films, sound recordings and computer softwareThe classes of work protected by section 13, the requirement of originality, literary, dramatic, musical and artistic works, cinematograph films, sound recordings, and how computer programmes are protected.7 min
  3. Author, ownership, term of copyright, rights conferred and moral rightsWho is the author of each kind of work, who owns copyright first under section 17, how long it lasts, the exclusive rights in section 14, the author's special rights in section 57, and the related rights of performers and broadcasters.6 min
  4. Assignment, transmission, relinquishment, licences and copyright societiesHow copyright is assigned and licensed under sections 18 to 30A, when an assignment or licence lapses or is terminated, the compulsory and statutory licences in sections 31 to 32B, and the registration and working of copyright societies.8 min
  5. Infringement of copyright, fair dealing and remediesWhat amounts to infringement under section 51, the tests from R.G. Anand, the acts that are not infringement under section 52, civil, criminal and border remedies, and the library photocopying problem.8 min

Unit II 3 topics

  1. Biological diversity: meaning, scope, biological resources and traditional knowledgeWhat biodiversity means in science and in the Biological Diversity Act, 2002, why it is an IP subject, the definition of biological resources, traditional knowledge and its protection, and biopiracy with the neem, turmeric and basmati episodes.6 min
  2. Biological Diversity Act, 2002: salient features and regulation of accessWhy the Act was passed, its three-tier structure, the access rules in sections 3 to 7 as rewritten by the 2023 amendment, approvals and benefit sharing under sections 19 to 21, and the move from criminal offences to civil penalties.7 min
  3. National Biodiversity Authority, State Biodiversity Boards and Biodiversity Management CommitteesComposition, powers and functions of the three authorities under the Biological Diversity Act, 2002 as amended in 2023, the Biodiversity Funds, dispute settlement and appeals to the National Green Tribunal.6 min

Unit III 3 topics

  1. Plant varieties: legal concepts, India's sui generis choice, and the PPV&FR AuthorityPlant breeders' rights and farmers' rights as legal concepts, UPOV and Article 27.3(b) of TRIPS, why India chose a sui generis law, the policy and objectives of the 2001 Act, and the composition and functions of the Authority, Registry and National Register.7 min
  2. Registration of plant varieties and the rights it confersWhich varieties may be registered, the DUS and novelty criteria, who may apply, the steps from application to certificate, essentially derived varieties, the term of protection, the breeder's exclusive rights, researchers' rights, and revocation.7 min
  3. Farmers' rights, benefit sharing, compensation, compulsory licence, infringement and the National Gene FundSection 39 farmers' rights and the branded seed limit, benefit sharing under section 26, compensation to communities and to farmers for failed seed, compulsory licences under sections 47 to 53, infringement, reliefs and offences, and the National Gene Fund.7 min

Unit IV 3 topics

  1. Designs law: meaning of design, origin, significance and salient features of the Designs Act, 2000The definition of design in section 2(d) taken element by element, what can and cannot be registered, how designs law developed from the calico printing statutes to the 2000 Act, why design protection matters, and the salient features of the Act.6 min
  2. Registration of designs, rights conferred, and the powers and duties of the ControllerThe steps from application to certificate under the Designs Act, 2000, the copyright in a registered design and its term, restoration, assignment and cancellation, and a complete account of the Controller's powers and duties.7 min
  3. Piracy of designs, remedies, and the distinction between design, trade mark, copyright and patentWhat amounts to piracy of a registered design under section 22, the tests of fraudulent or obvious imitation, defences and remedies, the overlap with copyright under section 15 of the Copyright Act and Cryogas v. Inox, passing off, and how a design differs from a trade mark, copyright and patent.7 min

Unit V 3 topics

  1. The TRIPS Agreement: background, salient features, WTO dispute settlement and Indian IP lawHow intellectual property entered the trade system in the Uruguay Round, the principles and minimum standards of TRIPS, its flexibilities, the WTO dispute settlement process, and how India rewrote its IP statutes to comply, with Novartis and Bayer v. Natco.7 min
  2. The Berne Convention for the Protection of Literary and Artistic Works, 1886Why the Berne Convention was made, its revisions, its three basic principles, the works and minimum rights it protects, moral rights, the minimum term, the three-step test, the Appendix for developing countries, and how it is reflected in the Copyright Act, 1957.6 min
  3. Convention on Biological Diversity, the Doha Round and the International Treaty on Plant Genetic ResourcesThe objectives and salient features of the CBD with its Cartagena and Nagoya Protocols, the TRIPS issues in the Doha Round that affect plant varieties and genetic resources, and the multilateral system and farmers' rights under the ITPGRFA, 2001.7 min