STUDY MATERIAL
PROFESSIONAL PROGRAMME
INTEL
IN TELL
TEL L ECTUAL PROPERTY
RIGHTS-
RIGHTS - LAW AND PRACTICE
MODULE 3
ELECTIVE PAPER 9.4
ICSI House, 22, Institutional Area, Lodi Road, New Delhi 110 003
tel 011-4534 1000, 4150 4444 fax +91-11-2462 6727
email website www.icsi.edu
, © THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
TIMING OF HEADQUARTERS
Monday to Friday
Office Timings – 9.00 A.M. to 5.30 P.M.
Public Dealing Timings
Without financial transactions – 9.30 A.M. to 5.00 P.M.
With financial transactions – 9.30 A.M. to 4.00 P.M.
Phones
41504444,45341000
Fax
011-24626727
Website
www.icsi.edu
E-mail
Laser Typesetting by Delhi Computer Services, Dwarka, New Delhi
July, 2015
, (iii)
PROFESSIONAL PROGRAMME
INTELLECTUAL PROPERTY RIGHTS - LAW AND PRACTICE
Intellectual property has increasingly assumed a vital role with the rapid pace of technological,
scientific and medical innovation that we are witnessing today. Moreover, changes in the global
economic environment have influenced the development of business models where intellectual
property is a central element establishing value and potential growth. In India several new legislations
for the protection of intellectual property rights (IPRs) have been passed to meet the international
obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).
Intellectual property has therefore grown into one of the world’s biggest and fastest-growing fields
of law thereby necessitating the demand for IP professionals well versed in this area to deal with
(IPRs) across the national and international borders.
The study material has been prepared to provide the students with a wide perspective and in-
depth knowledge in intellectual property to enable them to get solid grounding in the legislative
framework, practice and procedure of the intellectual property protected through patents, trademarks,
copyrights, designs and geographical indications. The course contents of this study material have
been so designed as to develop specialised skills in the corpus and complexities of the different
aspects of the subject besides meeting the requirements of a future career in this area.
The domain of intellectual property is vast. Only those IPR legislations have been included which
are of direct relevance to the profession of Company Secretaries. Every effort has been made to
provide a self- contained material and an integrated approach has been adopted throughout.
While writing the study material, relevant provisions of the various Acts and Rules made
thereunder have been kept in mind. This paper warrants continuous updation in terms of substantive
and procedural laws as well as latest judicial pronouncements. Students are advised to keep
themselves abreast of latest developments by regularly resorting to reading of at least one of the
leading English Newspapers and additional source materials concerning corporate world which are
published from time to time. Students are also advised to refer the e-bulletin, `Student Company
Secretary’/`ICSI Journal’ `Chartered Secretary’ wherein all important judicial and legislative
developments are reported regularly.
Although care has been taken in publishing this study material yet the possibility of errors,
omissions and/or discrepancies cannot be ruled out. This publication is released with an
understanding that the Institute shall not be responsible for any errors, omissions and/or discrepancies
or any action taken in that behalf. In the event of any doubt, students may write to the Directorate of
Academics in the Institute for clarification at .
Should there be any discrepancy, error or omission in the study material, the Institute shall be
obliged if the same is brought to its notice for issue of corrigendum in the e-bulletin, Student Company
secretary.
This is to inculcate and develop skills of creative thinking, problem solving and decision making
amongst students of its Professional Programme and to assess their analytical ability, real
understanding of facts and concepts and mastery to apply, rather than to simply recall replicate and
reproduce concepts and principles in the examination.
, (iv)
PROFESSIONAL PROGRAMME
SYLLABUS
FOR
ELECTIVE - PAPER 4: INTELLECTUAL PROPERTY RIGHTS
LAWS AND PRACTICE (100 MARKS)
Level of Knowledge: Expert Knowledge
Objective:
To acquire specialized knowledge of law and practice relating to Insurance.
Detailed Contents:
1. Introduction
• Meaning, Relevance, Business Impact, Protection of Intellectual Property
• Copyrights, Trademarks, Patents, Designs, Utility Models, Trade Secrets and Geographical
Indications
• Bio-diversity and IPR
• Competing Rationales for Protection of Intellectual Property Rights
• Introduction to the leading International Instruments concerning Intellectual Property Rights: the Berne
Convention, Universal Copyright Convention, The Paris Convention, Patent Co-operation Treaty,
TRIPS, The World Intellectual Property Organization (WIPO) and the UNESCO
2. Patents
• Concept of Patent
• Product / Process Patents & Terminology
• Duration of Patents- Law and Policy Consideration Elements of Patentability,- Novelty and Non
Obviousness (Inventive Steps and Industrial Application, Non- Patentable Subject Matter
• Procedure for Filing of Patent Application and types of Applications
• Procedure for Opposition,
• Revocation of Patents
• Ownership and Maintenance of Patents
• Assignment and licensing of Patents
• Working of Patents- Compulsory Licensing
• Patent Agent- Qualification and Registration Procedure
3. Patent Databases & Patent Information System
• Patent Offices in India
• Importance of Patent Information in Business Development
• Patent search through Internet, Patent Databases
PROFESSIONAL PROGRAMME
INTEL
IN TELL
TEL L ECTUAL PROPERTY
RIGHTS-
RIGHTS - LAW AND PRACTICE
MODULE 3
ELECTIVE PAPER 9.4
ICSI House, 22, Institutional Area, Lodi Road, New Delhi 110 003
tel 011-4534 1000, 4150 4444 fax +91-11-2462 6727
email website www.icsi.edu
, © THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
TIMING OF HEADQUARTERS
Monday to Friday
Office Timings – 9.00 A.M. to 5.30 P.M.
Public Dealing Timings
Without financial transactions – 9.30 A.M. to 5.00 P.M.
With financial transactions – 9.30 A.M. to 4.00 P.M.
Phones
41504444,45341000
Fax
011-24626727
Website
www.icsi.edu
Laser Typesetting by Delhi Computer Services, Dwarka, New Delhi
July, 2015
, (iii)
PROFESSIONAL PROGRAMME
INTELLECTUAL PROPERTY RIGHTS - LAW AND PRACTICE
Intellectual property has increasingly assumed a vital role with the rapid pace of technological,
scientific and medical innovation that we are witnessing today. Moreover, changes in the global
economic environment have influenced the development of business models where intellectual
property is a central element establishing value and potential growth. In India several new legislations
for the protection of intellectual property rights (IPRs) have been passed to meet the international
obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).
Intellectual property has therefore grown into one of the world’s biggest and fastest-growing fields
of law thereby necessitating the demand for IP professionals well versed in this area to deal with
(IPRs) across the national and international borders.
The study material has been prepared to provide the students with a wide perspective and in-
depth knowledge in intellectual property to enable them to get solid grounding in the legislative
framework, practice and procedure of the intellectual property protected through patents, trademarks,
copyrights, designs and geographical indications. The course contents of this study material have
been so designed as to develop specialised skills in the corpus and complexities of the different
aspects of the subject besides meeting the requirements of a future career in this area.
The domain of intellectual property is vast. Only those IPR legislations have been included which
are of direct relevance to the profession of Company Secretaries. Every effort has been made to
provide a self- contained material and an integrated approach has been adopted throughout.
While writing the study material, relevant provisions of the various Acts and Rules made
thereunder have been kept in mind. This paper warrants continuous updation in terms of substantive
and procedural laws as well as latest judicial pronouncements. Students are advised to keep
themselves abreast of latest developments by regularly resorting to reading of at least one of the
leading English Newspapers and additional source materials concerning corporate world which are
published from time to time. Students are also advised to refer the e-bulletin, `Student Company
Secretary’/`ICSI Journal’ `Chartered Secretary’ wherein all important judicial and legislative
developments are reported regularly.
Although care has been taken in publishing this study material yet the possibility of errors,
omissions and/or discrepancies cannot be ruled out. This publication is released with an
understanding that the Institute shall not be responsible for any errors, omissions and/or discrepancies
or any action taken in that behalf. In the event of any doubt, students may write to the Directorate of
Academics in the Institute for clarification at .
Should there be any discrepancy, error or omission in the study material, the Institute shall be
obliged if the same is brought to its notice for issue of corrigendum in the e-bulletin, Student Company
secretary.
This is to inculcate and develop skills of creative thinking, problem solving and decision making
amongst students of its Professional Programme and to assess their analytical ability, real
understanding of facts and concepts and mastery to apply, rather than to simply recall replicate and
reproduce concepts and principles in the examination.
, (iv)
PROFESSIONAL PROGRAMME
SYLLABUS
FOR
ELECTIVE - PAPER 4: INTELLECTUAL PROPERTY RIGHTS
LAWS AND PRACTICE (100 MARKS)
Level of Knowledge: Expert Knowledge
Objective:
To acquire specialized knowledge of law and practice relating to Insurance.
Detailed Contents:
1. Introduction
• Meaning, Relevance, Business Impact, Protection of Intellectual Property
• Copyrights, Trademarks, Patents, Designs, Utility Models, Trade Secrets and Geographical
Indications
• Bio-diversity and IPR
• Competing Rationales for Protection of Intellectual Property Rights
• Introduction to the leading International Instruments concerning Intellectual Property Rights: the Berne
Convention, Universal Copyright Convention, The Paris Convention, Patent Co-operation Treaty,
TRIPS, The World Intellectual Property Organization (WIPO) and the UNESCO
2. Patents
• Concept of Patent
• Product / Process Patents & Terminology
• Duration of Patents- Law and Policy Consideration Elements of Patentability,- Novelty and Non
Obviousness (Inventive Steps and Industrial Application, Non- Patentable Subject Matter
• Procedure for Filing of Patent Application and types of Applications
• Procedure for Opposition,
• Revocation of Patents
• Ownership and Maintenance of Patents
• Assignment and licensing of Patents
• Working of Patents- Compulsory Licensing
• Patent Agent- Qualification and Registration Procedure
3. Patent Databases & Patent Information System
• Patent Offices in India
• Importance of Patent Information in Business Development
• Patent search through Internet, Patent Databases
