CONTENTS
PART A
GENERAL ASPECTS &
INTELLECTUAL REGIME OF IPRs
CHAPTER 1
GENERAL ASPECTS OF
INTELLECTUAL PROPERTY RIGHTS—(IPRs)
NATURE, MEANING AND SCOPE OF IPRs
A. Introduction
B. Meaning of Intellectual Property
Basic Concepts of Intellectual Property Law
C. Why Legal Protection for Intellectual Property?
D. Scope of Intellectual Property Rights
E. Expansion of IPRs under WTO—TRIPs
F. Components of IPRs
1. Copyright and Related Rights
2. Trademarks and Services Marks
3. Industrial Property
4. Patent
5. Geographical Indications
6. Plant Varieties
7. Industrial Designs
8. Layout designs of integrated circuits
9. Trade Secrets
10. Know How
CHAPTER 2
EVOLUTION AND DEVELOPMENT OF IPRs AT
INTERNATIONAL AND NATIONAL LEVEL
A. Introduction
B. International Regime of IPRs
(I) Relating to Industrial Property
(II) Relating to Patents
(a) International Convention for Protection of New Varieties of Plants (UPOV), 1968 (subsequently
revised in 1991)
(b) Patent Co-operation Treaty 1970 (PCT)
(c) Budapest Treaty on International Recognition of Deposit of Micro-organism for purposes of Patent Procedure, 1980
(III) Relating to Trademark
(a) Madrid Agreement
(IV) Relating to Copyrights
(a) Berne Convention for Protection of Literary and Artistic Works, 1886.
(b) Universal Copyright Convention, 1952 (UCC)
(c) Rome Convention, 1961
(V) Relating to Geographical Indications
(a) Madrid Agreement on Repression of False or Deceptive Indications of Source on Goods, 1967.
(b) Lisbon Agreement for protection of appellations of origin and their registration, 1979.
(VI) Relating to Industrial Designs
(a) Hague Agreement concerning the International Deposit of Industrial Design, 1925 (Revised at Hague in 1960).
(b) Locarno Agreement on establishing an International Classification for Industrial Design, 1968.
C. National Regime of IPRs
IPR Policy of India
CHAPTER 3
EMERGENCE OF WIPO AND WTO-TRIPs
A. Introduction
B. World Intellectual Property Organization (WIPO)
(a) Objectives of WIPO
(b) Functions of WIPS
(c) Membership of WIPO
(d) Organs of WIPO
(e) Programmes and activities of WIPO
(f) Activities of WIPO
(g) Development of E-Commerce
(h) WIPO Worldwide Academy
(i) WIPO Lex
(j) Inter-relationship between WIPO and WTO (World Trade Organization)
C. Establishment of World Trade Organization (WTO)
D. TRIPs (A Binding Global Charter of IPRs)
(III) Need and Justification of TRIPs
(IV) Outer Framework of TRIPs
(V) Categories of Intellectual Property covered by TRIPs Agreement
(VI) Detailed Evaluation of TRIPs Agreement
(a) Obligation of member States
(b) TRIPs and other IPR Conventions
(c) National Treatment
(d) Nature and Scope of Protection available under TRIPs Agreement
V. Enforcement of IPRs
VI. Dispute Settlement System
Different Stages of Dispute Settlement
Implementation of TRIPs Agreement in Phased Manner
VII. Council for TRIPs
VIII. Review and Amendment
PART B
NATIONAL REGIME OF IPRs
Section I—COPYRIGHT
CHAPTER 4
MEANING, NATURE AND SCOPE OF COPYRIGHT
A. Introduction
Scope of Copyright
History of Copyright Law
B. Development of Copyright Law in India
(a) Salient Features of Copyright Act, 1957
(b) Salient Features of 1994 Amendment
(c) Amendment in 1999
Salient Features of Copyright (Amendment) Act, 2012
Right in Artistic Works, Cinematograph Films and Sound Recordings
Right of Commercial Rental (WPPT and WCT) Amendments
Performer’s Right
Right to communicate to Public
Moral Rights of Performers
Term of Copyright in Photographs
Assignment of Rights
Compulsory Licensing
Fair Use Provisions
Fair Use Rights for Disabled
Enforcement and Protection Against Internet Piracy
Copyright Societies
Copyright Board
The Impact
C. Definition of Copyright
D. Characteristics of Copyright
E. Subject-matter of Copyright Protection
(I) Literary work
(II) Artistic Work
(III) Musical Work
(IV) Computer Software and Programmes
(V) Database
(VI) Work of Architecture
CHAPTER 5
DETERMINATION OF OWNERSHIP AND
RIGHTS OF OWNER OF COPYRIGHT
A. Introduction
B. Determination of ownership
I. Who is Author
II. Authorship Claim during Employment or Contract of Service
III. Nationality of Author
IV. Joint Authorship
V. Some Illustrations of Ownership Claim
C. Various Rights of Owner of Copyright
1. Multiple Statutory Right
2. Right to transfer
3. Negative Right (Right against Infringement)
4. Moral Right (Special Right of Author)
D. Limitation on copyright
CHAPTER 6
REGISTRATION OF COPYRIGHT
A. Introduction
B. Procedure for Registration
C. Evidentiary Value of Register
D. Rectification of Register
E. Publication
F. Appeals
CHAPTER 7
PUBLICATION AND TERM OF COPYRIGHT
A. Introduction
B. Publication
Publication without licence
Simultaneous publication in India and Abroad
C. Term of copyright for different categories of works (Sections 22 to 29)
CHAPTER 8
ASSIGNMENT AND LICENCE OF COPYRIGHT
A. Introduction
B. Assignment of copyright (Sections 18,19 and 19-A)
I. Mode of Assignment
II. Oral Assignment not valid
III. Assignment in Future Work [Section 18(i)]
Assignment and royalty
Negative Covenant in Agreement
C. Transmission of Copyright by operation of law (Section 20)
D. Relinquishment of Copyright (Section 21)
E. Licensing of Copyright (Sections 30-32-B)
I. Voluntary Licence (Section 30)
II. Compulsory Licence of an Indian Work (Section 31)
Compulsory Licence in respect of unpublished work (Section 31-A)
Compulsory License for benefit of physically challenged persons
Licence to produce and publish translation of literary or dramatic work in any language (Section 32)
Licence to reproduce and publish work at a reasonable price (Section 32-A)
Licence to broadcasting authorities
III. Termination of licence granted under Section 32-A
Creative Commons and Copyright
Difference between Creative Commons and Copyright
CHAPTER 9
SPECIAL RIGHTS OF BROADCASTING ORGANIZATION
AND PERFORMERS’ RIGHTS
A. Introduction
B. Rights of Broadcasting Organisation and Performs
(1) Broadcast Reproduction Rights and Infringement (Section 37)
(2) Copyright subsisting in the contents of broadcast
(3) Television
(4) Musical Work
C. When Infringed
D. When not infringed (Section 39)
E. Performers’Rights (Section 38)
F. Infringement (Section 39)
CHAPTER 10
INFRINGEMENT OF COPYRIGHT
A. Introduction
B. General Aspects
I. What is infringement (Section 51)
Infringing Copy [Section 2(m)]
II. Guidelines for Measuring Infringement
Test of Copyright Protection : Shift from ‘Sweat of the Brow’ to ‘Flavour of Creativity’
III. Relevant Factors
Concept Note as Confidential Information
C. Specific Area of Infringement
Literary work
Artistic Work
Musical Work
Online Streaming Services
IV. Cinematograph films including video films and TV serials
V. Reprography (Xeroxing)
Bootlegging
Unauthorized display of Copyrighted Material on Websites
Dealing in Infringing copies
Infringement of Copyright
D. Acts which do not constitute Infringement (Section 52)
Computer Programmes Section 52(i)(aa)
Fair Dealing “Fair Use” Doctrine
Special provision relating to Sound Recordings and Video Films (Section 52-A)
De Minimis [Trivial Infringement]
CHAPTER 11
ENFORCEMENT OF COPYRIGHT
(REMEDIES AGAINST INFRINGEMENT)
A. Introduction
B. Civil Remedies (Sections 54-62)
(a) Anton Pillar Order (Search and Seizure Order)
(b) Injunction
(c) Interlocutory Injunction
(d) Mareva Injunction
(e) John Doe Order
(f) Damages on account of profits
(g) Account of profits
Jurisdiction of Court (Section 62)
Place of suit
Period of limitation
Who can sue
Defences which may be raised by defendant
C. Criminal Remedies
Offences and Punishment
Jurisdiction of Court
D. Administrative Remedies
E. Ban on Importation of Infringing Copies (Section 53)
F. Groundless Threat of Legal Proceedings (Section 60)
CHAPTER 12
COPYRIGHT AUTHORITIES AND COPYRIGHT SOCIETIES
A. Introduction
B. Copyright Office (Sections 9-10)
C. Copyright Board (Sections 11-12)
D. Copyright Societies (Sections 33 to 39-A)
Powers and functions of Copyright Society (Section 34)
Duties of Copyright Society
Performers’ Society
CHAPTER 13
INTERNATIONAL COPYRIGHT
A. Introduction
B. Categories of Foreign Works Entitled to Copyright (Sections 40-41)
C. Term of International Copyright
D. Basis of Reciprocity Ensured
Section II—PATENTS
CHAPTER 14
PROGRESSIVE DEVELOPMENT OF
PATENT LAW IN INDIA
A. Introduction
Meaning of Patent
History of Patent
B. Origin of Patent Law in India
C. Enactment of Patent Act, 1970
D. Salient Features of Act of 1970
Special status of patents relating to medicines, food items and chemicals
E. Patent (Amendment) Act, 1999
Exclusive Marketing Rights (EMRs)
Special provision for selling or distribution
F. Patent (Amendment) Act, 2002 (Uniform term of 20 years provided)
G. Patent (Amendment) Act, 2005
Patent Rules
CHAPTER 15
CHARACTERISTICS OF PATENT
A. Introduction
B. Object
C. Significance of patent
D. General principles applicable to working of patent
E. Rights and Duties of patentee
F. Territorial operation
CHAPTER 16
PATENTABLE AND NON-PATENTABLE INVENTIONS
A. Introduction
B. Patentable Inventions
(I) Novelty
(II) Non-obviousness
(III) Industrial application
Incremental patenting
Utility Patents and Petty Patents
Countries offering Utility Patents
Utility Patent protection in India
Product Patent and Process Patent
C. Non-Patentable Inventions
Evergreening of Pharmaceuticals Patents
CHAPTER 17
PROCEDURE FOR OBTAINING PATENT
A. Introduction
B. Filing of Application (Sections 6-11)
I. Form of Application
II. International Patent Application
III. Special Provision For Foreign Application TRIPs Agreement
IV. Application By Indians in other Countries
V. Filing of Provisional and Completed Specification
VI. Claim of Priority Date
VII. Amendment of Specification
C. Publication and Examination of Application (Sections 11 A-14)
(I) Publication
(II) Examination
(III) Time for putting application in order for grant
D. Opposition to Grant of Patent (Section 25)
E. Grant of Patent (Sections 43 & 47)
Position of Patent filing and grant in India Global Trends
F. Date of Patent (Section 45)
G. Term of Patent (Section 53)
H. Patents of Addition (Section 54)
CHAPTER 18
RIGHTS AND OBLIGATIONS OF PATENTEE
A. Introduction
B. Rights of Patentee
(i) Right to exploit patent (Sections 48 and 50)
(ii) Right to licence (Section 70)
(iii) Right to assign (Sections 70 and 68)
(iv) Right to surrender the patent (Section 63)
(v) Right to be issued duplicate Patent (Sections 154 and 118)
(vi) Rights against infringement (Sections 104-108)
C. Limitation on Rights of Patentee
(i) Use of Patent by Government (Sections 99-103)
(ii) Acquisition of invention and patent by Government
D. Compulsory Licences (Sections 84-94)
Compulsory Licensing to NATCO for Bayer’s Cancer Drug Nexavar
Licences of Right
Termination of compulsory licences
E. Obligations of Patentee
(i) Duty to work out patent and make it available to public
(ii) Duty to furnish information
CHAPTER 19
TRANSFER OF PATENT
A. Introduction
B. Assignment (Sections 68 and 70)
(I) Legal Assignment
(II) Equitable Assignment
(III) Mortgage
C. Licence (Sections 84 to 94)
(i) Voluntary Licence
(ii) Compulsory licence
D. Registration of Assignment and Licence Licences
E. Transmission by Law
F. Certain Restrictive Conditions not to be Imposed
G. Transfer by Co-owners
CHAPTER 20
SURRENDER, REVOCATION AND
RESTORATION OF PATENT
A. Introduction
B. Surrender of Patent
C. Revocation of Patent (Sections 64-66)
(I) Who may petition the High Court
(II) Grounds for Revocation of Patent
Lack of novelty or anticipation
Revocation of Patent in relation to Atomic Energy (Section 65)
Revocation of patent in Public Interest
D. Restoration of lapsed patent (Sections 60-62)
CHAPTER 21
INFRINGEMENT OF PATENT AND
REMEDIES THEREOF
A. Introduction
B. What amounts to Infringement
Doctrine of pith and marrow
C. Acts which do not amount to infringement (Sections 47 and 107-A)
D. Remedies (Procedural Aspects)
(I) Jurisdiction
(II) Who can sue
(III) Burden of Proof
(IV) Period of Limitation
(V) Defences which may be set up by defendant
E. Remedies (Substantive Relief)
I. Injunction
A. Temporary Injunction
B. Final Injunction
II. Damages or Account of Profits
III. Delivery up or destruction of infringing goods
IV. Certificate of validity
Patent infringement suits by Black Berry
F. Groundless threat of infringement proceedings (Section 106)
CHAPTER 22
OFFENCES AND PENALTIES
Nature of Offences and Punishment
Offence by company
CHAPTER 23
PATENT AUTHORITIES AND PATENT AGENTS
A. Introduction
B. Controller and his Powers
Controller as Civil Court Appeal
C. Appellate Board (Intellectual Property Appellate Board) (Sections 116, 117-Ato 117-G)
Appeals to the Appellate Board (Section 117 A)
D. Patent Agents (Sections 125 to 132)
Qualification for Registration as Patent Agent
Rights of Patent Agent
CHAPTER 24
EMERGING ISSUES RELATING TO PATENT
A. Introduction
B. International Filing of Patent Application
Patent Co-operation Treaty (PCT)
PCT filing by Developing Countries
C. Patent in Computer Programmes
Microsoft’s initiative in filing Patent Application in India for Computer Softwares
D. Patent in the Sphere of Biotechnology with Specific Reference to Micro-Organism
I. Emerging Trends in Biotechnology
II. Patenting of Life Form [Micro-organism]
III. U.S. Law—The Trend Setter
IV. Budapest Treaty—Creation of the International Depository
V. Patenting of Micro-organism in India
VI. Patent application in India for cloning methods
VII. Ethical Dilemma
E. Patent in Plant Varieties
F. Traditional Knowledge and Patent Claim
Patent in respect of Medicine and Drug
Novartis Case : An analysis
Pharma Patents—Human Rights Perspective
Biocon and Mylan Case
Patent and Competition Law
G. Incentives for Promotion of Patent
I. Excise duty waiver on patented products
II. Exemption from Drug Price Control Order
III. Weighted tax deduction on R&D expenditure
IV. Accelerated Depreciation Allowance
V. Tax holiday to R&D companies
VI. Income-tax relief on R&D expenditure
VII. Tax deduction for sponsoring research
Tatkal patents and incentives to start-ups—A Survey of Patent (Amendment) Rules, 2016
Withdrawal Benefits
Startup Bonanza
Tatkal Patents
Section III—TRADEMARKS
CHAPTER 25
ORIGIN AND DEVELOPMENT OF
INDIAN LAW ON TRADEMARKS
A. Introduction
B. Evolution of Trademark Laws
Trademark under International Law
The Paris Convention
The Madrid Agreement and Protocol
The TRIPs Agreement
C. Object of Trademark Law
D. Salient Features of Trademarks Act, 1999
CHAPTER 26
BASIC FEATURES OF TRADEMARK
A. Introduction
B. Definition of Trademark
C. Characteristics of Trademark
Essentials for a good Trademark
D. Functions of Trademark
E. Some Illustrations of Various Forms of Trademarks
F. Term of Trademark
G. Distinction between Trademark and Property Mark
CHAPTER 27
SERVICE MARKS, COLLECTIVE MARKS, CERTIFICATION TRADEMARKS, WELL KNOWN TRADEMARKS, INTERNET DOMAIN NAME AND MODERN MARKS
A. Introduction
B. Service Mark
C. Collective Marks
D. Certification Trademark
E. Well-known Trademarks
F. Internet Domain Name
G. Modem Marks
H. Trade Dress
CHAPTER 28
REGISTRATION OF TRADEMARK
A. Introduction
B. Conditions and Grounds for Registration (Sections 6 to 17)
(I) Register of Trademark
(II) Classification of Goods (Sections 7 & 8)
Duration of registration
(III) Relevant Factors to be considered by Registrar
(i) Absolute Grounds for refusal of registration
(ii) Limitation as to Colour
(iii) Relative grounds for refusal of registration
(iv) Honest and Concurrent use
(v) Names of chemical elements or international
(vi) non-proprietory names not registrable
(vii) Names and representations of living persons or persons who recently died
C. Judicial Approach
(i) Deceptive Similarity—Registration refused on the ground of likelihood of causing confusion
Apple wins Trademark case against Xiaomi
(ii) Distinctiveness
(iii) Invented words—Registration allowed
(iv) Words found non-descriptive—Registration allowed
(v) Words found descriptive—Registration refused
(vi) Surnames
(vii) Surnames—Registration refused
(viii) Geographical Names—Registration allowed
(ix) Geographical Names—Registration refused
D. Procedure for Registration (Sections 18 to 26)
I. Who can apply
II. Place of filing application
III. Acceptance or refusal of application
IV. Advertisement of application (Section 20)
V. Opposition of Application (Section 21)
VI. Registration (Section 22)
E. Effect of Registration
F. Renewal, Removal and Restoration (Section 25)
Trademark Journal
G. International Registration under Madrid Protocol
CHAPTER 29
RIGHTS OF TRADEMARK HOLDER
A. Introduction
B. Various Rights
1. Right to Exclusive use
2. Right to Assign
3. Right to seek Legal Remedies against Infringement
4. Right to seek Correction of Register
C. Limitation on Rights
CHAPTER 30
ASSIGNMENT AND TRANSMISSION
OF TRADEMARK
A. Introduction
B. Assignment and Transmission (Sections 37-45)
Assignment of an unregistered Trademark
C. Conditions of Assignment
D. Restriction on Assignment and Transmission
E. Registration of Assignment and Transmission
CHAPTER 31
INFRINGEMENT AND PASSING OFF
ACTION IN TRADEMARK
A. Introduction
B. Infringement of Registered Trademark (Section 29)
I. Essential Conditions of Infringement
II. Test for determining Infringement
III. Common forms of Infringement (Section 29)
IV. When trademark is not infringed (Section 30)
C. Illustrative Cases on Infringement
I. Cases of Infringement
II. Cases of no Infringement .
D. Passing Off Action
I. Essential Features of Passing off Action
II. Modes adopted for Passing Off
III. Passing off Domain Name
E. Differences Between Passing off and Infringement
F. Ground for Determination of Deceptive Similarity in Passing off Action
G. Select Cases on Passing Off
CHAPTER 32
LEGAL REMEDIES AGAINST INFRINGEMENT
AND PASSING OFF A TRADEMARK
A. Introduction
B. Civil Remedies (Sections 134 and 135)
I. Who can file suit
II. Against whom the suit can be filed
III. Where the suit can be filed (Section 134)
IV. Limitation for filing suit
V. Burden of Proof
VI. Defences which may be set up by defendant
C. Relief in suits for Infringement or for Passing off (Section 135)
D. Criminal Remedies (Sections 102 to 120)
E. Groundless Threat of Legal Proceedings (Section 142)
CHAPTER 33
AUTHORITIES UNDER THE TRADEMARKS ACT
A. Introduction
B. Registrar and his Powers
Functions of Registrar
C. Intellectual Property Appellate Board (Sections 83 to 100)
I. Composition of Appellate Board (Sections 84 to 86)
II. Procedure and Powers of Appellate Board (Section 92)
III. Bar of jurisdiction of courts
IV. Transfer of pending case
D. Select Cases decided by Appellate Board
Section IV—DESIGNS
CHAPTER 34
LAW OF DESIGNS
A. Introduction
Designs Law under International Agreement
(a) Paris Convention
(b) Berne Convention
(c) Hague Agreement
(d) TRIPs Agreement
B. Development of Design Law in India
C. Salient features of Designs Act, 2000
D. Basic Features of Design
Exclusion
CHAPTER 35
REGISTRATION OF DESIGNS
A. Introduction
B. Essential Requirements of Registration
(i) Novelty and originality
(ii) No prior publication of design
(iii) Application of Design to Article
(iv) Not contrary to public order and morality
C. Designs which are not Registrable
(a) Not New and Original
(b) Prior publication
(c) Not distinguishable
(d) Design containing scandalous or obscene matter
D. Who is entitled to seek Registration
Registration of Designs by Foreigners
E. Procedure for Registration of Designs (Sections 5 to 10)
(i) Application for Registration
(ii) Contents of application
(iii) Statement of novelty
(iv) Acceptance/Obj ections
(v) Decision of the Controller
(vi) Registration and Publication of Particulars of Design
(vii) Effect of Registration
F. Cancellation of Registration (Section 19)
Copyright Protection in Designs
CHAPTER 36
RIGHTS OF DESIGN HOLDER, INFRINGEMENT
AND LEGAL REMEDIES
A. Introduction
B. Rights of Proprietor of Designs
C. Infringement of Copyright in Design (Piracy of Design)
Meaning of Fraudulent and Obvious Imitation
D. Legal Remedies (Section 22)
Place of suit
Defendant’s Plea
Section V—GEOGRAPHICAL INDICATIONS
CHAPTER 37
LAW RELATING TO GEOGRAPHICAL
INDICATION IN INDIA
A. Introduction
International Perspective of Geographical Indication
(1) Paris Convention
(2) Madrid Agreement
(3) Lisbon Agreement
(4) TRIPs Agreement
B. Appellation of Origin
C. The Basmati Controversy
D. Salient features of Geographical Indications of Goods (Registration and Protection) Act, 1999
E. Meaning of Geographical Indication
F. Geographical Indication and Trademark
CHAPTER 38
REGISTRATION OF GEOGRAPHICAL INDICATIONS
A. Introduction
B. Who can file Application
C. Geographical Indications which are not Registrable
D. Registration as Authorized User
E. Duration, Renewal, Removal and Restoration of Registration
F. Effect of Registration
G. Right conferred by Registration
GI Registered in India
CHAPTER 39
INFRINGEMENT OF GEOGRAPHICAL INDICATION AND LEGAL REMEDIES
AND LEGAL REMEDIES
A. Introduction
B. When Geographical Indication is infringed (Section 22)
C. Remedies Against Infringement (Section 67)
Jurisdiction (Section 66)
D. Offences and Penalties (Sections 38 to 46 and 49)
(i) Falsifying and falsely applying geographical indication
(ii) Penalty for applying false geographical indication.—
Defences Available
Section VI—PLANT VARIETIES AND FARMERS’ RIGHTS
CHAPTER 40
PROTECTION OF PLANT VARIETIES AND
FARMERS’ RIGHTS ACT, 2001
A. Introduction
B. UPOV Convention, 1961
(i) Object
(ii) Implementation of Convention
C. Indian Law—The Protection of Plant Varieties ar d Farmers’
Rights Act, 2001
(i) Need and Justification of the Act
(ii) Visible Advantages of the Act
(iii) Objectives
(iv) Other Significant Features
D. Select Important provisions of the Act
(i) Establishment of Authority (Section 3)
(ii) General Function of Authority (Section 8)
(iii) Application for Registration (Section 14)
(iv) Registrable varieties (Section 15)
(v) Person who may make Application (Section 16)
(vi) Duration and Effect of Registration and Benefit Sharing (Section 24)
(vii) Rights conferred by Registration (Section 28)
(viii) Farmers’ Rights (Section 39)
(ix) Monsanto v. Indian Farmers
(x) Constitution of Gene Fund (Section 45)
(xi) Infringement (Section 64)
(xii) Suit for Infringement (Section 65)
(xiii) Relief of Suit for Infringement
Projection of Security of India
Section VII—BIOLOGICAL DIVERSITY
CHAPTER 41
THE BIOLOGICAL DIVERSITY ACT, 2002
A. Introduction
International Development in Biological Diversity and Intellectual Property Right
B. Convention on Biological Diversity (CBD)
CBD, TRIPs Agreement and BDA, 2002
C. The Biological Diversity Act, 2002—An overview
(i) Background Considerations
(ii) Objectives
(iii) Special Features of the Act
D. Important provisions of the Act
(i) Important Definitions
(ii) Regulation and Access to Biological Diversity
(iii) Establishment of National Biodiversity Authority (Section 8)
(iv) Functions and Powers of National Biodiversity
Authority (Section 18)
(v) Equitable Sharing of Benefit (Section 21)
(vi) Bio-piracy made punishable offence
Use of Biological Resources and IPR
Section VIII—SEMICONDUCTOR LAYOUT DESIGNS,
TRADE SECRETS AND TRADITIONAL KNOWLEDGE
CHAPTER 42
SEMICONDUCTOR INTEGRATED CIRCUITS
LAYOUT DESIGN ACT, 2000
A. Introduction
B. Treaty on Intellectual Property in Respect of Integrated Circuits, 1989 (IPIC Treaty)
C. Select provisions of Semiconductor Integrated Circuits Layout Design Act, 2000
Semiconductor Layout Designs, Trade Secrets & Traditional Knowledge
(I) Important Definitions
(II) Registration
Opposition to registration
(III) Duration of Registration (Section 15)
(IV) Rights Conferred by Registration (Section 17 read with Section 28)
(V) Infringement of Layout Design (Section 18)
(VI) Penalty for infringement (Section 56)
Establishment of Layout Design Appellate Board
Provision as to reciprocity
CHAPTER 43
CONFIDENTIAL INFORMATION AND TRADE SECRETS
A. Introduction
History of Trade Secrets
Protection of Confidential Information
Top 10 Trade Secrets of the World
B. Meaning and Scope of Undisclosed Information and Trade Secrets
C. Advantages of Trade Secret Protection
D. Disadvantages of Trade Secrets
E. WTO TRIPs Agreement Relation to Undisclosed Information
F. Protection of Trade Secrets in India
Remedies
CHAPTER 44
TRADITIONAL KNOWLEDGE AND ITS PROTECTION
A. Introduction
Intellectual Property Protection of Traditional Knowledge
E. Meaning of Traditional Knowledge
Threat to Traditional Knowledge
Folklore and Traditional Culture
Neem and Turmeric Case
Judicial Approach
Importance of Traditional Knowledge
C. Need for Protection of Traditional Knowledge
D. Global Initiative
E. Customary Law and Protection of Traditional Knowledge
F. Indian Initiative
(i) Governmental efforts
Dispute over‘Khadi’as trademark
(ii) Non-Governmental Organisations (NGOs) Efforts
(iii) Legislative Effort
Need for Sui generis Legal Protection
Methods of Protecting and Conserving Traditional Knowledge
Proposed Private Bill
Limitation of Intellectual Property System
Chapter 45
BLOCKCHAIN TECHNOLOGY AND
INTELLECTUAL PROPERTY RIGHTS
A. Introduction
B. What is Blockchain
C. Benefits of Distributed Ledger Technologies
D. How rights and royalties will work
E. The Benefit of Blockchain for Rights and Royalties Management
F. Conclusion
Chapter 46
ARTIFICIAL INTELLIGENCE (AI) AND
INTELLECTUAL PROPERTY RIGHTS
A. Introduction
B. What is AI
C. Copyright Laws and Artificial Intelligence
D. Trademark and Artificial Intelligence
E. Patent Laws and Artificial Intelligence
F. Conclusion
APPENDICES
I. Trade-related Aspects of Intellectual Property Rights
II. International Copyright Order, 1999
III. Form IV
IV. Forms of the Patents Act, 1970
V. Form of Trademarks Act, 1999
VI. Forms of the Designs Act, 2000
VII. The Geographical Indications of Goods (Registration and Protection) Act, 1999
VIII. Statewise Registration Details of G.I. Applications
IX. List of Authorities Dealing with Intellectual Property Issues |
