PGDIPRL started in the year 2003-04
“In an era of knowledge society where creativity and innovation rule globally, Intellectual property rights acquires utmost significance. The creative contribution in the artistic, literary, musical, cinema as well as creative content transmitted over internet has sought for greater protection of the rights of the creators and an equitable balance of those rights with that of the users. The innovations making the life of people simple, faster and comfortable have sought protection through intellectual property rights. The Centre for IPR Research and Advocacy initiated the process of capacity building in IPR among the stakeholders so as to facilitate effective realization of IPR in the country as well as globally”.
“The Course is designed to expose students to various aspects of Copyright law, Trademark law, Designs law, geographical indications and the most important hard-core IP, the PATENT law. “
“It is heartening to note that quite a few of the present leaders in various organizations advising on IPR have successfully gone through this course”
The subjects prescribed for the course shall be as follows:-Paper I - Introduction to Law & Legal Systems
PAPER I: INTRODUCTION TO LAW AND LEGAL SYSTEM
Objective of the Paper:
This paper attempts to introduce the scholar to the basic understanding of law and its legal system. This provides a scholar an opportunity to equip with the understanding of law, various theories about law, its sources and the functionality of legal system in India. This paper gives a bird eye view about various organs of Government, i.e. Legislature, Executive and the Judiciary. Different classification of law, like civil and criminal, substantive and procedural, public and private, makes the reader get an insight to the legal system and its operation. Constitutional study of the legal system and its governance is the main focus with the available Constitutional remedies as fundamental right. An introduction to basic law like Law of torts, Contract Law, Property Law and criminal law-provides the scholar with a background to the study of law in India, while the Unit on International law provides an understanding of international legal regime as applicable to India.
1. UNDERSTANDING LAW AND LEGAL SYSTEM IN GENERAL
Introduction to Law: Different ‘theories’ about law - Pure Theory of Law - Natural Law Theory - Traditional Natural Law Theory -Second Kind of Natural Law -Introduction to legal system
2. LEGAL SYSTEM
Understanding Legal System, Various organs of legal system -Law making organ -Institutions entrusted with execution of law; Institutions connected with adjudication & rule governing adjudication - Law Enforcement in India -Central Armed Police Forces -Central Investigation and Intelligence Institutions - Central Forensic Institutions
3. HOW TO FIND APPROPRIATE LAW ?
Sources of Law; Legislation, Delegated Legislation, Ordinances, Judicial Decisions and Precedent, Constitutional Law, Custom as Source of Law, Contracts as Law, Equity – Standards of Justice and Good Conscience, Classification of Law – Civil and Criminal Law – Substantive and Procedural Laws – Public and Private Laws.
4. THE INDIAN LEGAL SYSTEM
What is a ‘Constitution’? ; Evolution in the Models of Constitution, Constitution and Constitutional Law, Constitution as the supreme law of the Land, Evolution of the Constitution ; The Nature of the Indian Constitution ; Salient Features of the Indian Constitution ; Longest written constitution – Federal Structure – Parliamentary form of Government – Unique blend of rigidity and flexibility – Democratic Republic – Fundamental Rights – Directive Principles of State Policy – Fundamental Duties – Secular State – An Independent Judiciary – Adult Sufferage; Basic structure of the Constitution, Citizenship; Fundamental Rights; Right to Equity- Right to Freedom – Rights against Exploitation – Right to Freedom of Religion – Cultural and Educational Rights – Right to Constitutional Remedies – Mandamus – Quo Warranto – Certiorari – Prohibition – Habeas Corpus ; Directive Principles of state Policy; Directive Principles v Fundamental Rights; Structure of Government ; Powers of the president ; Executive Powers, Military Powers, Diplomatic Powers, Financial Powers, Legislative Powers, Ordinance Making Power, Pardoning Power, Emergency Powers, Courts of Law, Jurisdiction and Re-organization of Courts; Tribunals under the Constitution.
5. FEW REPRESENTATIVE LAWS
Law of Torts; Essentials of a tort, Act or Omission, Legal Damage; Mental Element in Tortious Liability; principles of Liability, Fault Based Liability, Vicarious Liability, Negligence, Strict liability, Absolute liability; General Defences to Tortious Claims Hand Book on Distance Education Programmes
6. LAW OF CONTRACT
Principles of Contract; Few essential terminologies; Agreements and Contracts: Difference and Relationship; Essential Elements for the Construction of the Contract; Offer – Acceptance – Consideration; Law Relating to Performance of a Contract.
7. CRIMINAL LAW
Crime and Criminal Law; Criminology, Criminal Policy, Criminal Law; Principles of Criminal Liability, Mala in se and Mala Prohibita, Actus Reus, Intention, Motive, Knowledge, Foresight of the consequences.
8. LAW OF PROPERTY
Nature of Property; Possession of land, Classification of property; Interests – Easements; Modes of holding ownership; Intellectual Property Rights; Patents, Copyrights, Industrial Designs, Trademark
What is International Law? ; Nature of International Law ; What are the sources of International Law; Custom, Treaties, General Principles of Law Recognised by the Civilized Nations, Judicial Decisions, Juristic Works, Equity, Resolution of the General Assembly; Few important International Organization; Public Interest Litigation; Judicial Activism; Alternate Dispute Resolution Mechanism; Adjudication; Civil Adjudication, Criminal Adjudication, Constitutional Adjudication.
PAPER II: LAW OF PATENTS
PAPER III: LAW OF COPYRIGHT AND DESIGNS
PAPER IV: LAW OF TRADEMARK AND GEOGRAPHICAL INDICATIONS
1. PRINCIPLES OF TRADEMARK - Justification - Economic Justification-Quality Justification - Advertising Justification - What is a Trademark- Definition - Spectrum of Distinctiveness - Grounds of Refusal of Registration.
2. PROCEDURE FOR OBTAINING REGISTRATION OF TRADEMARK - General principles in application- Procedure on receipt of application- Acceptance & Advertisement- Opposition-
Procedural formalities- Registration of Certification Marks- Registration of Collective Marks
3. RIGHTS OF THE OWNER OF TRADEMARKS - Rights of a Trademark Owner- Transfer of Trademarks- Assignment and License of Trademarks- Assignment of Trademarks- Licensing of Trademark.
4. INFRINGEMENT OF TRADEMARK AND ACTION FOR PASSING OFF - Infringement of Trademark- Essentials- Dilution of Trademark -Blurring and Tarnishment- PROTECTION OF GOODWILL AND CROSS - BORDER - REPUTATION -Comparative-Advertising Law- Passing Off- General Principles- Essential elements of passing off- Difference between Infringement
And Passing Off- Passing off and protection of well-known trademarks- Reverse passing off- Defences in Trademark Infringement- Remedies
5. DOMAIN NAME PROTECTION - Legal Definition of Domain Name- Domain Name and Intellectual Property- The Organizations for Domain Name Registrations- Registration of Domain Names- Disputes under IPR - Infringement Concurrent Claims - Cybersquatting- Domain Name Disputes- Domain Name Dispute Policies - Jurisdictional Issue-The International Perspective- The Indian Interpretation
6. PROTECTION OF GEOGRAPHICAL INDICATION - Justification for protection- International Position- Lisbon Agreement- TRIPs Agreement- Bilateral agreements - Regional Developments EUGeographical indication protection in India- Criteria- Procedure for Registration in India- Duration- Rights- Overlap between trademark and GI- Remedies- Case study: Darjeeling tea case- Case Study: Pochampally Ikat case-
1. Kankanala, Kalyan C, Genetic patent : Law and strategy, Manupatra, Bengaluru, 2007.
2. Kankanala, Kalyan C, Narasani, Arun K & Radhakrishnan, Vinita, Indian patent law and practice, Oxford University Press, 2010.
3. Kumar, Arvind & Das, Govind, Biodiversity, biotechnology and traditional knowledge : Understanding intellecutal property rights, Narosa Publishing House, New Delhi, 2010.
4. Prasad, Akhil & Agarwala, Aditi, Copyright law desk book : Knowledge access and development, Universal Law Publishing Co.Pvt.Ltd., Delhi, 2009.
5. Wadehra, B L, Law relating to intellectual property: Patents, trademarks, copyright,design, geographical indicators, semiconductor integrated circuits layout-design, protection of plant varieties and farmer’s rights, Universal Law Publishing Co.Pvt.Ltd., Delhi, 4th, 2007.
1. Sadhale, Vivek & Agarwal, Vikas, “Patent registration in India”, SEBI and Corporate Laws, 2006, 16th Oct., Vol. 71, No. 03, Page. 55 – 58.
2. Sharma, Ayush, “Combating trademark counterfeiting : Is India well equipped?”, Company Law Journal, 2011, April, Vol. 02, No. 04, Page. 34– 44.
3. Singh, Amit, “Critical issues relating to intellectual property rights (IPRs) in biotechnology : Developing countries perspective and India”, Indian Journal of International Law, 2009, July-Sept, Vol. 49, No. 03, Page. 456 – 474.
4. Srivastava, Suresh C, “Geographical indications and legal framework in India” Economic and Political Weekly, 2003, 20th Sept. Vol. 38, No. 38, Page. 4022 – 4033.
5. Thomas, Pradip N, “Copyright and emerging knowledge economy in India”, Economic and Political Weekly, 2001, 16th June, Vol. 36, No. 24, Page. 2147 – 2156.
NOTE: - The list of topics are provided in the hand book sent to you along with the study materials. The topics provided in the hand book are purely suggestive. The students could either improvise on the given topics or formulate a new topic of their own. In such case, the students are required to inform the department for validity of the topic before undertaking any substantive research work.* If the student is selecting any one of the topic provided in the hand book, then the student need not write to the department.
You need to submit one copy of the dissertation in spiral bound form.
Dissertation should be enclosed along with filled in examination application form within the dates notified in the examination schedule.
In any case if the student is not able to submit the dissertation for the said examination, it can be submitted any time during the course of study (which is 1+2)*, for any of the subsequent examination. As and when the candidate clears all the five papers, the degree of diploma will be awarded.
* Post Graduate Diploma is a 1 year course. Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond one academic year because of his/her non-fulfilment of the prescribed requirements for the award of the degree, he/she will be permitted to continue for the subsequent two academic years by paying a continuation fee as prescribed for each year. At the end of the third academic year if the candidate fails to fulfil all the requirements for the award of the degree, the admission stands automatically cancelled.
NOTE: Students will have to seek approval of a New Topic other than those mentioned in the Handbook within three months prior to the date of the Examination.