Diploma in Intellectual Property Laws

Eligibility for Admission

To be eligible for admission, the candidate must be 12th pass or have equivalent degree from any recognized Board / University.

Duration of the Course

Duration of the course shall be one academic year.

Medium of Instruction

The medium of Instruction of the Diploma in Intellectual Property Laws shall be English.

Examination

The examination shall be held at the end of every academic year.

Standard of Passing or Exemption

  1. There shall be a written examination of 100 marks for all the theory papers at the end of the academic year.
  2. A student who has secured 40 marks in the written examination is said to have passed the theory paper (Course).
  3. There shall be a journal for the practical paper consisting of 80 marks and a viva voce examination of 20 marks to be conducted by one internal faculty member and one external faculty member as assigned by the university or the principal of the Law college.
  4. A student who has secured a minimum of 32 marks for the journal and a minimum of 8 marks in the viva voce is said to have passed the practical paper (course).
  5. There shall be revaluation of the answer sheets of end semester University examination of theory papers as per Ordinance No. 134 A and B of SPPU, Pune.

Removal of Doubts and Difficulties

Notwithstanding anything stated in the rules herein, for any unforeseen issues arising, and not covered by the rules herein, or in the event of differences of interpretation, the Vice-Chancellor of the University may take a decision and the said decision of the Vice-Chancellor shall be final and binding

Program Outcomes

  1. There will be creation of a knowledge base in aspects of IPR aimed to add value to the participant’s portfolio.
  2. Students will have Concrete understanding of laws relating to various forms of intellectual property.
  3. Students will learn to undertake the process of protection of IP starting from creation to commercialization.

There shall be following Papers:

  1. IPL – T 0101 Patent Law
  2. IPL – T 0102 Copyright Law
  3. IPL – T 0103 Trademark Law
  4. IPL – T 0104 Design and other IP Laws
  5. IPL – P 0105 Practical Paper

Course of Study

Detailed Syllabus is given below:

IPL -T 0101 : Patent Law
  1. Nature and Concept and Types of Intellectual Property.
  2. Historical background of the Patent System in India and in the global context.
  3. Concept of Patentability and non-patentability
  4. Patent filing Procedure in India and concept of patent of addition, divisional patent application
  5. Opposition, Surrender, Revocation of Patents.
  6. Technology Transfer and Patent Licensing
  7. Patentee Rights –Product and Process patents
  8. Infringement and remedies under Indian Patent Law.
  9. Patent Authorities & Jurisdiction
  10. PCT (Patent Cooperation treaty) Application Filing Procedure
  11. Patent Search (Prior art Searching) & drafting of patent specification
  12. Patent Portfolio creation and Management
  13. Patent Landscaping
  14. International Patent Classification System
  15. International Treaties and Conventions related to Patents (GATT, Paris Convention, World Trade Organization, World Intellectual Property Organization, TRIPS Agreement, PCT)
  16. Multidisciplinary Scope of IPR
  17. IPR and Competition Law
  18. Utility models, short – term patents or petty patents
  19. Landmark Judgments
  20. Recent developments/ amendments in Patent Act & Patent Rule
  21. Various schemes of GOI for promotion of Innovation
IPL -T 0102 : Copyright Law
  1. Concept and Principles of Copyrightand Neighbouring Rights
  2. Historical background and Development of Copyright Law at National and International context.
  3. Copyrightable subject matter
  4. Neighboring Rights- Broadcasting Organization Rights and Performers right
  5. Filing Procedure of Copyright
  6. Term of protection
  7. Ownership of Copyright
  8. Rights conferred under Copyright Act – a) Economic Right b) Moral Rights
  9. Assignment and Licensing of Copyright
  10. Infringement of Copyright or Piracy and Remedies
  11. Fair Use provisions in Copyright
  12. Folklore and folk rights
  13. Copyright Society
  14. Copyright Registrar and Copyright Board-Power and Procedure
  15. Recent Judgements relating to copyright
  16. Collective management of copyright
  17. Authorities under Copyright Act,1957
  18. International Instruments/ Treaties ( Berne Convention for the Protection of Literary and Artistic Works , Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite , Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms, Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled , Beijing Treaty on Audio-visual Performances, WIPO Copyright Treaty (WCT) , WIPO Performances and Phonograms Treaty (WPPT)
IPL -T 0103 : Trademark Law
  1. Concept of Trademarks
  2. Historical background and Development of Trademark Law in India and globally.
  3. Different Kinds of Marks – Service marks, Certification marks, Collectivemarks, Associated marks etc.
  4. Concept of Well-known trademark and passing of
  5. International classificationsof Marks
  6. Procedure of registration of Trademark
  7. Assignment of Trademark
  8. Licensing of Trademark
  9. Term of Protection
  10. Rights of Trademark owner
  11. Infringement and remedies
  12. Concept of Domain name and disputes relating to it.
  13. Representation of Non-Traditional Marks
  14. Authorities under Trademark Act,1999
  15. International Treaty/ Conventions (Paris Convention, TRIPS, Madrid Protocol, Nice Agreement, Vienna Agreement, Singapore Treaty, Trademark Law Treaty, Nairobi Treaty
  16. Trade names and appellations of origin
IPL -T 0104 : Design and other IP Laws

Part I: Industrial Designs

  1. Historical background and Development of Design Law in India and globally.
  2. Meaning, concept and subject matter of Design
  3. Exclusion of Designs
  4. Procedure of registration of Designs
  5. Rights of Design Holder
  6. Copyright in registered designs
  7. Assignment & Licensing
  8. Infringement and remedies
  9. Authorities under Design Act,2000
  10. International Instruments (Hague Agreement, Locarno Agreement, Paris Convention, WIPO Convention)

Part II: Geographical Indications

  1. Historical background and Development of Geographical Indications Act in India and globally.
  2. Meaning and concept of Geographical Indications
  3. Examples and significance of Geographical Indications in Indian and international context.
  4. Registration Procedure of Geographical Indications
  5. Classification of goods
  6. Registered Authorised User and Rights conferred under Geographical Indications of Goods (Registration and Protection) Act, 1999
  7. Assignment & Licensing.
  8. Offences & Penalties
  9. Infringement and Remedies
  10. Authorities under The Geographical Indications of Goods (Registration and Protection) Act, 1999
  11. International Instruments (Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, Paris Convention, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, Lisbon Agreement, Madrid Agreement, Protocol Relating to the Madrid Agreement) 

Part III: Layout Design Protection

  1. Meaning
  2. Procedure for registration of layout design
  3. Prohibition of registration of certain layout-designs
  4. Effect of registration and term of protection
  5. Infringement of layout-design
  6. Assignment and transmission of registered layout-design
  7. Authorities under The Semiconductor Integrated Circuits Layout-Design Act, 2000

Part IV: Plant Variety Protection Act

  1. Meaning
  2. Benefit sharing and farmers’ rights –
  3. Procedure for registration
  4. Effect of registration
  5. Term of protection
  6. Authorities under The Protection of Plant Varieties and Farmers Rights Act, 2001
  7. Offences & Penalties.
  8. Infringement and Remedies
  9. International Instruments
IPL -P 0105 : Practical Paper

1. Journal – 80 Marks:

A. Patent Search Analysis 30 Marks

  • Novelty search
  • Patentability Search
  • Prior Art Search
  • Freedom to Operate Search
  • Invalidity Search
  • Patent Landscaping

The student has to write the procedure of conducting each of the above searches in the journal.

B. Technology Transfer Agreement 10 Marks

C. Trademark Search and Opposition 10 Marks

D. Infringement of Copyright – 5 Latest Cases 10 Marks

E. Interactive Session on GI (Report writing) 10 Marks

F. Interactive session on Industrial Design (Report Writing) 10 Marks

2. Viva Voce 20 Marks

Recommended Readings:

  1. Law relating to Intellectual Property Rights by V.K. Ahuja, Lexis Nexis
  2. B.L. Wadhera- Patents, trademarks, copyright, Designs and Geographical Indications.
  3. P. Narayanan (Eastern Law House), Intellectual Property Law
  4. Nithyananda, K V. (2019). Intellectual Property Rights: Protection and Management.
  5. Law Relating to Intellectual Property by Sreenivasulu N S
  6. Intellectual Property Rights- Law and Practice –Dr. S.V. Damodar Reddy Asia Law House
  7. Intellectual Property: A primer for Academia –Prof Rupinder Tewari and MS. Mamta Bhardwaj, Publication Bureau, Punjab University, Chandigarh
  8. Law Relating to Intellectual Property, Dr. M.K. Bhandari, Central Law Publication
Apply Now