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Study of Industrial and Intellectual Property Rights

LL.M. · 15 topics in 5 units

Past question papers for Study of Industrial and Intellectual Property Rights

Unit I 2 topics

  1. Industrial and Intellectual Property: Meaning and ClassificationWhat intellectual property is, how the Paris Convention defines industrial property, how it differs from copyright and related rights, the WIPO and TRIPS catalogues, and the features (intangibility, territoriality, limited term) that every IP right shares.6 min
  2. Property, Intellectual Property and the Origin and Development of IPThe meaning and nature of property in jurisprudence, why rights in intangibles count as property, the characteristics of industrial and non-industrial IP, and the origin and development of IP from Venetian privileges to TRIPS, with the Indian history alongside.7 min

Unit II 3 topics

  1. Theories of Intellectual PropertyLocke's labour theory, Hegel's personality theory, utilitarian incentive theory, reward and prospect theories, and social planning theory, with the critiques of each and how Indian law and courts draw on them.9 min
  2. IP as an Asset: Exploitation, Licensing and Technology TransferThe ways IP is exploited (own use, assignment, licensing, franchising, merchandising, security and securitisation, pools), the statutory formalities for each right, valuation, and the law and policy of technology transfer under TRIPS and Indian law.6 min
  3. Impact of IPR on Development, Health, Agriculture and Indigenous PeoplesHow IP affects development and access to medicines (TRIPS flexibilities, the Doha Declaration, section 3(d) and compulsory licensing), agriculture and seeds (plant varieties, Bt cotton and Monsanto v Nuziveedu), and traditional knowledge and indigenous communities (biopiracy, TKDL, the Biological Diversity Act, Nagoya and the 2024 WIPO treaty).6 min

Unit III 5 topics

  1. Patents in Outline: Procedure for Grant and SealingWhat a patent is and what can be patented, in brief, followed by the step-by-step procedure under the Patents Act, 1970 from application to grant under the seal of the Patent Office: specification, publication, request for examination, examination, opposition, grant, term and renewal.5 min
  2. Trade Marks: Concept and Procedure for RegistrationWhat a trade mark is, the functions it performs, absolute and relative grounds of refusal, the step-by-step registration procedure under the Trade Marks Act, 1999 (application, examination, advertisement, opposition, registration, renewal), international registration under the Madrid Protocol, and well-known marks.7 min
  3. The Designs Act, 2000: Salient FeaturesDefinition of design, novelty and the bars to registration, procedure, term, piracy and remedies, cancellation, the design-copyright overlap under section 15 of the Copyright Act (Cryogas v Inox, 2025), passing off, and comparison with EU, UK and US design law and the Hague system.6 min
  4. The TRIPS Agreement: HighlightsHow TRIPS came out of the Uruguay Round, its structure and basic principles, the minimum standards for each category of IP, enforcement and dispute settlement, transition periods, the Doha Declaration and Article 31bis, and how India implemented it.7 min
  5. The Paris Convention and the International Framework of Industrial PropertyThe Paris Convention's three pillars (national treatment, priority, independence), its provisions on working, well-known marks and unfair competition, the registration treaties (PCT, Madrid, Hague, Lisbon), WIPO, and how TRIPS built on Paris.5 min

Unit IV 2 topics

  1. Copyright: Works in Which It Subsists and AssignmentThe classes of work protected by section 13 of the Copyright Act, 1957, originality after Eastern Book Co, the idea-expression rule, conditions of subsistence, first ownership, and the law of assignment under sections 18 and 19 with the 2012 amendments protecting authors, plus licences and comparison with UK and US law.7 min
  2. Copyright and Allied Rights: Salient Features, the Berne Convention and TRIPSThe salient features of the Copyright Act, 1957 beyond subsistence and ownership: the exclusive rights, term, related rights of broadcasters and performers, statutory and compulsory licences, infringement and fair dealing, remedies, and the 2012 amendment, with the Berne Convention, the Rome Convention, TRIPS and the WIPO Internet Treaties.7 min

Unit V 3 topics

  1. The Geographical Indications of Goods (Registration and Protection) Act, 1999What a geographical indication is, how it differs from a trade mark, the Act's salient features (registry, registrable goods, prohibited GIs, registered proprietor and authorised users, term, rights, infringement, non-assignability), TRIPS Articles 22 to 24 and the wines-and-spirits gap, and the Basmati, Darjeeling and Karnataka examples.6 min
  2. The Protection of Plant Varieties and Farmers' Rights Act, 2001Why India chose a sui generis plant variety law under TRIPS Article 27(3)(b), the UPOV models, the Authority and the registrable varieties, the DUS criteria and novelty, breeders' rights and term, farmers' and researchers' rights, benefit sharing and the National Gene Fund, compulsory licences, and the PepsiCo potato dispute.6 min
  3. Semiconductor Layout-Designs and Trade SecretsThe Semiconductor Integrated Circuits Layout-Design Act, 2000 and TRIPS Articles 35 to 38; and the protection of trade secrets and confidential information in India through contract and equity, the limits set by section 27 of the Contract Act, TRIPS Article 39, the US and EU statutes, and the Law Commission's 2024 proposal.6 min