Law of Intellectual Property and Information Technology
LL.M. · 12 topics in 5 units
Unit I 2 topics
- History of the internet, the idea of cyberspace and the interface of technology and lawFrom ARPANET to the web and ICANN, how 'cyberspace' moved from a novelist's word to a legal category, the debate between cyber-libertarians, Easterbrook and Lessig on whether cyberspace needs its own law, and why the digital world strains intellectual property in particular.8 min
- Jurisdiction in cyberspace and the cross-border enforcement of IP rightsTraditional bases of jurisdiction and the special IP forum rules in India, the US tests from International Shoe to Zippo and Calder, Yahoo! v LICRA and Gutnick, the Indian line from Casio to Banyan Tree and Sanjay Dalia, the EU approach, and why territorial IP rights need trans-border protection, including global takedown orders.8 min
Unit II 2 topics
- Domain names: meaning, registration, cybersquatting and typosquattingWhat a domain name is and how the DNS, ICANN, registries and registrars allot it, the conflict between a unique global address and territorial trade marks, the forms of abuse, and the Indian and US case law from Yahoo! and Satyam Infoway to Panavision and the ACPA.6 min
- Meta tags, keywords and the online protection of trade marks: the Trade Marks Act, 1999 and passing offHow meta tags and search keywords use marks invisibly, initial interest confusion from Brookfield to Network Automation, the UK and EU response, the Indian keyword cases (Consim, DRS Logistics), and how sections 29, 30 and 27(2) of the Trade Marks Act and the classic trinity of passing off apply to domain names, metatags, marketplaces and parody online.7 min
Unit III 2 topics
- Copyright requirements and online infringement: linking, framing, caching, uploading and downloadingThe basic requirements for copyright under the Copyright Act, 1957 (work, originality after Eastern Book Co., expression, fixation, nationality), the rights engaged online, and how the law treats hyperlinking, deep linking, framing and embedding, caching, uploading and downloading, with US, UK, CJEU and Indian cases.8 min
- Fair use and fair dealing online, remedies under the Copyright Act, 1957, and the applicability of the DMCAIndian fair dealing under section 52 compared with US fair use and its digital cases (Sony, Campbell, Kelly, Authors Guild v Google, Google v Oracle, Warhol), civil, criminal and administrative remedies including John Doe and dynamic injunctions, and the DMCA's anti-circumvention and safe harbour provisions and how far they reach India.8 min
Unit IV 4 topics
- IPR and information technology: online piracy of computer programmes and its modesWhy software sits at the meeting point of IP and IT, what software is in law (goods, licence, copyright), the modes of piracy from softlifting and hard-disk loading to P2P, cracking and app cloning, the civil, criminal and IT Act responses, and the debate on piracy, access and open source.6 min
- Legal protection of computer programmes in the US, Europe and India: copyright, patents and the IT ActHow far copyright protects code and its structure in the US (Apple v Franklin, Whelan, Altai, Lotus, Google v Oracle) and the EU (Software Directive, SAS Institute, UsedSoft), the patent position under Alice and the EPC, and the Indian scheme: sections 2(ffc), 14(b) and 52(1)(aa)-(ad) of the Copyright Act, section 3(k) and Ferid Allani under the Patents Act, and the IT Act provisions as amended.7 min
- The Information Technology Act, 2000 and its amendments: intermediaries, the IT Rules 2021 and the DPDP Act 2023The scheme of the IT Act and the 2008 amendment, section 79 safe harbour after Shreya Singhal, Digumarti, Visakha and MySpace, the IT Rules 2021 and their later amendments, electronic evidence under the BSA, and the Digital Personal Data Protection Act 2023 with the DPDP Rules 2025, all read for their bearing on IP enforcement online.7 min
- Protection of databases in the digital world: USA, European Union and IndiaWhy databases fit poorly into copyright, Feist and the US fall-back on contract, hot news and anti-hacking law, the EU Database Directive's sui generis right as narrowed by British Horseracing Board, the Indian move from sweat of the brow (Burlington) to modicum of creativity (Eastern Book Co.), and whether India needs a database right.7 min
Unit V 2 topics
- WIPO and dispute settlement: the WIPO ADR mechanism, the UDRP and the INDRPWIPO's place in IP dispute settlement after TRIPS moved State disputes to the WTO, the WIPO Arbitration and Mediation Center and its procedures, arbitrability of IP disputes in India after Booz Allen and Vidya Drolia, the UDRP's three elements, bad faith and legitimate interests with leading decisions, and how the INDRP differs.7 min
- The WIPO Internet Treaties: WIPO Copyright Treaty, 1996 and WIPO Performances and Phonograms Treaty, 1996Why the 1996 Diplomatic Conference was called, the WCT's provisions on programmes, databases, distribution, rental, making available, the three-step test, TPMs and RMI with the agreed statements, the WPPT's rights for performers and phonogram producers, implementation in the US, EU and India's 2012 amendment, and the critique of the digital agenda.6 min