Master of Law in Intellectual Property Rights
| Semester/paper | Subject | External | Internal |
| I/I | Schools of Jurisprudence & Theories of Law | 80 | 20 |
| I/II | Introduction to Intellectual Property Rights | 80 | 20 |
| II/III | Indian Constitutional Law: The New Challenges | 80 | 20 |
| II/IV | International Legal Regime Relating to Intellectual Property Rights | 80 | 20 |
| II/V | Law Relating to copyright and Neighbouring Rights | 80 | 20 |
| III/VI | Law Relating to Patents in India | 80 | 20 |
| III/VII | Law Relating to Trade Marks & Industrial Disputes | 80 | 20 |
| IV/VIII | Legal Research Methodology | 80 | 20 |
| IV/IX | Dissertation | 170 | 30 |
Syllabus
LL.M in Intellectual Property Rights - Two Years Course in Four semesters
Semester-I
Paper - I
Schools of Jurisprudence and Theories of Law
Unit-I
Nature and Scope of Jurisprudence-Classification of Jurisprudence into Schools-Salient features of Analytical, Historical, Philosophical and Sociological Schools.
Unit-II
Meaning of Positivism-Analytical positivism of Bentham and Austin-Kelsen's Pure Theory of Law-Dworkin's criticism-Fuller controversy-Hart-Devlin's debate-Modern trends in Analytical and Normative Jurisprudence-Rawls and Distributive Justice-Nozick and the Minimal State.
Unit-II
Historical and Ancient Indian Jurisprudence - Savigny's concept of Volksgeist-Contribution of Henry Maine; Economic Theory of Law Contribution of Ihering-Contribution of Ehrlich-Duguit's theory of Social Solidarity - Roscoe Pound's Social Engineering and Classification of interests-American and Scandinavian Realism - Critical Legal Studies Movement.
Unit-IV
Theories of Natural Law-Meaning of Natural Law-History of Natural law -Greek origins-Medieval period-View of St. Thomas Acuinas-Period of Renaissance-Reformation-Grotius and International Law Transcendental Idealism-View of Immanuel Kant-Natural Law and Social Contract Thoeries - Stammler and Natural Law with variable content-Fuller and the Morality of Law-Hart on Natural Law-Findings and Restatement of Natural law-Positivists and Naturalists debate.
Paper-II
Introduction to Intellectual Property Rights
Unit-I
Conceptual Framework of Property - Legal concept of Property - Elements of Property - Classification of Property - Corporeal and Incorporeal Property - Movable and Immovable Property - Theories of Property - Occupation Theory - Labor Theory - Metaphysical Theory - Economic Theory and Social Trust Theory. etc
Unit - II
Jurisprudential aspects of property - Ownership, Possession and Title - Constitutional basis of Property - Right to Property under Article 300-A - Meaning, Nature and evolution of Intellectual Property - Position in Ancient and Historical India - Analysis of WIPO definition of IP.
Unit - III
Classification of Intellectual Property - Industrial Property and Literary Property - Different forms of IP - Copyright, Related rights, Patents, Trade names, Trademarks, Trade secrets, Industrial Designs, Geographical Indications - Their meaning and characteristics.
Unit - IV
Emerging forms of IP - New Plant Varieties, Micro Organisms, Layout Designs, Traditional Knowledge and Indigenous Knowledge, Bio-Piracy - IPRs and Bio-technology - Patenting of life forms and bio-ethical issues.
Semester - II
Paper - III
Indian Constitutional Law: The New Challenges
Unit - I
Concept of Federalism - Allocation of resources - Inter State disputes - Center and States relations - Special status of certain States - Concept of Secularism and religious fanaticism - Definition of State - Need for widening the definition in the wake of recent developments.
Unit - II
Right to Equality - its new dimensions - Protective Discrimination in the wake of privatization - Gender Justice - Freedom of Speech and Expression - Right to broadcast and telecast - Right to Strike, Hartal and Bandh.
Unit - III
New regime of Constitutional Rights - Reading Directive Principles and Fundamental Duties into Fundamental Rights - Compensatory Jurisprudence - Right to Education - Right to information - Right to Wholesome environment.
Unit - IV
Institutional Dynamics - An Overview of functioning of three organs of state i.e., Legislature, Executive and Judiciary with special reference to the Indian experience of post independence era.
Paper - IV
International Legal Regime Relating of Intellectual Property Rights
Unit - I
Transnational Character of IPRs - Efforts at international Level to Protect IPRs - Historical Perspectives - Position under U>S Constitution Position in U.K. - Position in Ancient China and Greece.
Unit - II
International Instruments relating to protection of IPR (Berne Convention, Paris convention, Hague Convention, Madrid convention, Rome Convention, Patent Co-operation Treaty, WIPO Copyright Treaty, WIPO Performance and Phonograms Treaty etc., along with the Conventions of the European Union).
Unit - III
International Conventions / Agreements and Declarations relating to International Trade with special reference to IPR - TRIPS - TRIMS - SAFTA etc.
Unit - IV
International Institutions dealing with IPR - UNESCO - WIPO - WTO - UNCITRAL - UNITAR - Their Structure, Powers, Functions and Jurisdiction.
Paper - V
Law Relating to Copyright and Neighboring Rights
Unit - I
Concept of copyright - meaning and subject matter of Copyright - Position under the Copyright Act, l957, Berne Convention, UCC, WCT and WPPT - judicial interpretation of meaning and subject matter of copyright.
Unit - II
Ownership and authorship - Economic and moral rights of authors / owners. Term of Copyright - assignment and licensing of copyright including compulsory licensing
Unit - III
Meaning of neighboring rights - Rights of Producers of phonograms and performers - Broadcast Reproduction Right and Performer Rights - Role of Copyright and Performer's Societies in collective management and protection of copyright and neighboring rights - Copyright Board Powers and functions.
Unit - IV
Infringement of copy right and neighboring rights - Exceptions to infringement of copyright - Doctrine of Fair Use - Remedies for Infringement of copyright ( Administrative, Civil and Criminal ). Protection of International Copyright.
Semester - III
Paper - VI
Law Relating to Patents in India
Unit - I
Concept of patent - meaning, definition and nature of patent - Classification of patents - Subject-matter of patenting (patentable and non-patentable subject-matter) - The Patents Act, 1970.
Unit - II
Essential conditions for grant of patent - Procedure for registration of patent in India and at international level - Application, Publication and Examination of application - Search - Anticipation -Opposition to grant of patents - Grant of patents and its effect.
Unit - III
Rights, duties and limitations of/on patent holders including EMRs - Surrender and revocation of patents - Term of patent protection - Trasfer of patent rights with special referenceto Licensing, compulsory licensing, acquisition by government etc.,
Unit - IV
Infringement of patent rights - Remedies (Administrative, Civil and Criminal ) - Authorities under the Act - Controller of patents, patent examiners, and scientific advisors-Their powers, functions and jurisdiction.
Paper - VII
Law relating to Trademarks and Industrial Designs
Unit - I
Concept of Trademarks, Trade names and Service marks - meaning, definition and nature - trademarks and property marks - Classification of trademarks - subject-matter of trademark protection (Goods, Services and Domain names) - The Trademarks Act, 1999.
Unit - II
Essential conditions for registration of TMs - Characteristics of a good TM - Procedure for registration of TMs in India and abroad.
Unit - III
Rights of proprietors and registered users etc of TMs - Transfer of TMs - Infringement and passing-off of TMs - Remedies (Administrative, Civil and Criminal) - Authorities under the Act - their powers, functions and jurisdiction.
Unit - IV
Concept of Industrial Designs - meaning, definition and nature - subject matter of design protection - Essential conditions for registration of designs - rights of design holders - infringement and piracy of designs - Remedies (Administrative, Civil and Criminal) - Authorities under the Act - their powers, functions and jurisdiction.
Semester -IV
Paper - VIII
Legal Research Methodology
Unit - I
Meaning of Research - Types of Research - Scientific Method - Social Science Research - Use of Scientific Methods in Social Research - Legal Research - Application of Methods in Social Research to Legal Research - Scope and importance of Legal Research - Concepts - Variables - Definitions - Relevance of empirical research in law - Induction and Deduction - Case Study.
Unit - II
Finding the Law - Sources of legal material - Law reporting in India - Using a law library - Survey of available legal material - bibliographical research. Research Methods - Socio-legal research - doctrinal and non-doctrinal research
Unit - III
Research tools and techniques for techniques for collection of data - Observation - Questionnaire - Schedule - Interview - Sampling techniques - Types of sampling. Formulation of Research Problem - Hypothesis - Research Design.
Unit - IV
Data processing and analysis - Use of Statistics in the analysis and interpretation of data - Use of computers in Legal Research - Report writing. Legal Research and Law Reforms - Types of Research needed for Law Reforms - Analytical Research, Historical Research.
Paper - IX
Thesis
LL.M IV semester students shall have to submit thesis on the topics approved by the concerned Committee before the expiry of the date as per the almanac in accordance with guidelines given below. Further the topics for thesis should begot approved before the expiry of the III semester. The candidates who fail to submit the thesis before the stipulated date will have to submit the same along with the next batch.
(1) LL.M IV Semester students shall prepare a synopsis on the topics allotted to them.
(2) It must be approved by the Guide and be submitted to the concerned Principals in the first week, after commencement for LL.M IV semester.
(3) A Record shall be maintained by the students in which the summary of study and the progress made by them shall be entered once in every 15 days and it is to be signed by the guide in approval of the same.
(4) Through discussion shall be had by the students with the Guide at the end of the study, and the thesis shall be prepared on the lines indicated by the Guide.
(5) The thesis shall correspond with the notes/record maintained by the Guide.
(6) The thesis shall be equivalent to two theory papers, and there will be 200 marks out of Which 170 shall be for evaluation and 50 shall be for viva-voce.
