- 36 students
- 3 lessons
- 1 quizzes
- 10 week duration
The significance of intellectual property can be traced to the ancient use of stamps on bricks by Roman brick-makers for the purpose of identification, and even before that when the leaders of the ancient Greek city of Sybaris granted monopoly for one year on cooking a delicious dish to its creator. Obviously, much has changed since then with the advancement of science and technology and global business.
Intellectual property is a product of human intellect and the rights granted on it allow its owner to benefit from the fruits of this intellectual endeavour by creating a monopoly over it. Such benefit is not always a natural right but requires recognition by a statute.
In India, intellectual property rights recognised under statute are:
- The Patents Act, 1970;
- The Trade Marks Act, 1999;
- The Copyright Act, 1957;
- The Designs Act, 2000;
- The Geographical Indications of Goods (Registration & Protection) Act, 1999;
- The Semiconductor Integrated Circuits Layout Design Act, 2000;
- The Biological Diversity Act, 2002;
- The Protection of Plant Varieties and Farmers’ Rights Act, 2001.
Intellectual property rights (IPRs) play a key role in every sector and have become the basis for crucial investment decisions. IPRs are exclusive rights and therefore there is always a challenge to strike a balance between the interests of innovators and the interests of the society at large. Another important factor is having an adequate legal framework to protect the interests of innovators and inspire confidence that their intellectual property will be protected, in turn triggering further innovation.
IPR litigation in India is quite diverse owing to the large number of courts, varying degree of experience of the judicial officers in IPR matters and varying manners of practice. As a result, some courts have become preferred forums over others.
Industrial Law relates to the laws governing industrial enterprises. These can include a wide range of legal topics, from employment laws to environmental concerns, contracts, industrial relations, and worker safety regulations. Industries vary widely and the policies for each is as unique as the business to which it relates.
Upon successful completion, students will have the knowledge and skills to:
A participant who has successfully completed this course should:
- Have an understanding of the fundamental legal principles relating to confidential information, copyright, patents, designs, trade marks and unfair competition;
- Be able to identify, apply and assess principles of law relating to each of these areas of intellectual property;
- understand the legal and practical steps needed to ensure that intellectual property rights remain valid and enforceable;
- Be able to demonstrate a capacity to identify, apply and assess ownership rights and marketing protection under intellectual property law as applicable to information, ideas, new products and product marketing;
- Understand current and emerging issues relating to the intellectual property protection, including those relating to indigenous knowledge or culture, information technology especially the distribution of material on the internet, biotechnology and international trade; and
- Be able to anticipate and subject to critical analysis arguments relating to the development and reform of intellectual property right institutions and their likely impact on creativity and innovation.
INTRODUCTION TO PATENT LAW
Geographical Indicatons of Goods Act
Factories Act 1948
The Factories Act, 1948 (Act No. 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987), serves to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. It deals with various problems concerning safety, health, efficiency and well-being of the persons at work places.
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