1 Sandip Foundation, Mumbai Collaboration with Karnataka State Open University, Mysore COURSE STRUCTURE & SYLLABUS MASTER OF LAW (LL.M) (SEMESTER SCHEME)
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1
Sandip Foundation,
Mumbai
Collaboration with
Karnataka State Open
University, Mysore
COURSE STRUCTURE
&
SYLLABUS
MASTER OF LAW (LL.M)
(SEMESTER SCHEME)
2
Course Structure for Master of Law (LL.M)
I SEMESTER
Paper
code
Title of the Paper Marks Total Min Credits
IA End Sem.
LLM – 1 Research Methodology 10 90 100 40 4
LLM – 2 Introduction to Intellectual
Property and Patent Law
10 90 100 40 4
LLM – 3 Law of Plant Varieties and
Farmer Rights
10 90 100 40 4
LLM – 4 Law of Copy Right 10 90 100 40 4
II SEMESTER
Paper
code
Title of the Paper Marks Total Min Credits
IA End Sem.
LLM – 5 Law of Trade marks & Domain
names
10 90 100 40 4
LLM – 6 Law of Design & Integrated
Circuits
10 90 100 40 4
LLM – 7 Law of Trade Secrets 10 90 100 40 4
LLM – 8 Technology law and Society 10 90 100 40 4
III SEMESTER
Paper
code
Title of the Paper Marks Total Min Credits
IA End Sem.
LLM – 9 Law on Geographical
Indications and Traditional
Knowledge
10 90 100 40 4
LLM – 10 Law relating to Biotechnology 10 90 100 40 4
LLM – 11 Information Technology Law 10 90 100 40 4
LLM – 12 Technology Transfer & IPR 10 90 100 40 4
IV SEMESTER
Paper
code
Title of the Paper Marks Total Min Credits
IA End Sem.
LLM – 13 I P Valuation, Audit and
Management
10 90 100 40 4
LLM – 14 IP and Competition Law 10 90 100 40 4
LLM – 15 Dissertation 20 180 200 80 8
3
LL.M - FIRST SEMESTER SYLLABUS
LLM – 1: RESEARCH METHODOLOGY
MODULE: I
Unit: I
Introduction to research and methodology. The purpose and focus of research,
Finding the facts and finding the truth, experimenting and establishing.
Unit: II
Research Methodology; Establlished and proven norms of conducting a research or
study. Research Qualities and traits.
Unit: III
Types of Research: Empirical or non-doctrinal research, doctrinal research, analytical
research, Descriptive study, critical study, Historical and comparative research.
Unit: IV
Observation studies, field study, sample study, case study and comparative study.
Pure and applied research, Questionnaire and interview techniques.
MODULE: II
Unit: I
Categories of Research: Research in social sciences, scientific research, legal
research, socio legal research, techno legal research and legal and scientific research.
Unit: II
Reflective thinking and value neutrality in research. Essentials of legal research,
nature and objectives of legal research.
Unit: III
Peculiarities of legal research, law reforms and legal research, Society interaction as
in input for legal research.
Unit: IV
Social reforms and legal research, Socio-legal research in India and law reforms.
Problems and perspectives of legal research.
4
MODULE: III
Unit: I
Unraveling research methodology: Choosing a topic for legal research, Basic
structure of research: Introducing the subject of research, Identification of Issues.
Unit: II
Framing of objectives, drawing and testing hypothesis, developing research theme,
conducting enquiry into the back ground of issue.
Unit: III
Techniques and tools for collection of data: Analaysis of legal materials, statues,
survey of juristic writing, observation methods, questionnaire and interview, case
study for data collection.
Unit: IV
Evaluation of previous research and Literature survey, addressing the issues at hand,
conclusion, finding and suggestions.
MODULE: IV
Unit: I
Research documenting and reporting, classification and tabulation of data,
Bibliography, citation and references.
Unit: II
Publication of research and copyrights in research. Research funding and rights of
funding agency of research.
Unit: III
Use of computer in research. Internet in legal research. Use of legal databases:
Westlaw, LexisNexis, and SCC online, role of Internet search engines in legal
research.
Unit: IV
Copyright issues in research. Plesurism and copying: research and study exemption of
use of copyrighted literature.
5
LLM – 2: INTRODUCTION TO IPR AND PATENT LAW
MODULE: I
Unit: I
Property, Industrial Property and Intellectual Property, Scope and significance, need
for protection. Intellectual property rights as individual rights and negative rights.
Unit: II
Economic dimensions of intellectual property, justifications for protection of
intellectual property: various types of intellectual property.
Unit: III
International norms on IPR. The Paris Convention on Industrial Property, Berne
convention, Madrid Convention, Lisbon Agreement, Hague agreement, Agreement on
Integrated circuits.
Unit: IV
Rationalization and uniformity in the protection of intellectual property and TRIPS:
Indian Perspectives, WIPO initiatives o protection and promotion of Intellectual
property rights.
MODULE: II
Unit: I
Introduction to patents, History of patent law, historical back ground of patent law in
India, Indian Patent Act of 1970, TRIPS and uniform patent system, Objectives of
patent law.
Unit: II
Patentable subject matter: innovations and Discoveries, Dynamism of subject matter
of patents, types of patents, Product patents, process patents, plant patents, design
patents and utility patents.
Unit: III
Universally recognized technical requirements of patents; Concept of Novelty and
inventive step, Prior art; Knowledge in the public domain, Person having ordinary
skill in the relevant art.
6
Unit: IV
Utility of the invention: Credible, Specific, Substantial and well-established utility.
Written description of the invention and enablement. Claim drafting and
specification.
MODULE: III
Unit: I
Procedure for the grant of patents; application, Priority of the application, Publication,
examination, provisional and complete specification, prior art search and anticipation.
Unit: II
Opposition proceeding and reexamination, grant and ceiling of patent. Term of patent,
maintenance of patent.
Unit: III
Protection of patent beyond the boundaries, International patents, The Patent Co-
operation Treaty and International Patents. Procedure of granting patents on
international applications.
Unit: IV
Rights conferred on grant of patents: Government funding, Employer inventions,
Surrender and Revocation of patents, Government Acquisition, licensing and
assignment of patents.
MODULE: IV
Unit: I
Compulsory licensing of Patents and Balance of interest. Grounds for compulsory
licensing: Process of granting compulsory licensing: US, Europe and Indian position.
Unit: II
Violation of patent rights; Infringement and enforcement of patents, Doctrine of
equivalent, defenses in case of infringement and remedies available.
Unit: III
New trends in Patent Law, Technology patents: Patenting the inventions of
biotechnology and patents on living beings.
Unit: IV
Patents on Information Technology and software, Patenting Essentials: Product
patents on Food and Pharmaceuticals.
7
LLM – 3: LAW OF PLANT VARIETIES AND FARMERS RIGHTS
MODULE: I
Unit: I
What is Plat Variety, Agricultural research and new and novel varieties? Significance
of plant varieties in agrarian economy. Plant Genetic Resources and Sustainable
development.
Unit: II
Promotion of agricultural research and protection of plant variety system. Sui generis
system for the protection of plant varieties.
Unit: III
Historical evolution of plat variety protection system. International developments on
the protection of plant varieties: Conventions on Plant Genetic Resources and UPOV.
Unit: IV
Silent features of UPOV, its importance with reference to laying down international
norms on Plant varieties, The new version of the Convention. The TRIPS agreement
and plant varieties.
MODULE: II
Unit: I
Types of plant Varieties, characteristics of Plant varieties, Sui generis system,
historical background of sui generic system. The need for the protection.
Unit: II
Plant variety protection system in India, The objectives and silent features of The
Plant Variety and Farmers rights, Protection Act: A brief overview.
Unit: III
Plant Varieties Protection Authority: Powers and functions, The Plant Varieties and
Farmers rights protection Registry, Functions of the registry, Registry as the quasi-
judicial authority.
Unit: IV
Protection through registration, Varieties offered protection to, varieties not
registrable, requirements of protection, who can apply for registration. Procedure for
registration of a new variety, application, examination, notification and oppositions to
the registration.
8
MODULE: III
Unit: I
Rights conferred on registration. Duration of rights and protection, Rights to use and
exploitation, assignment and licensing.
Unit: II
Compulsory and cross licensing, government acquisition and public interest.
Infringement, enforcement and remedies.
Unit: III
Some peculiar features of plant variety protection system in India, technology transfer
and benefit sharing, protection in public interest.
Unit: IV
Plant Varieties Protection Appellate Tribunal, Jurisdiction, powers and functions,
procedure before the tribunal.
MODULE: IV
Unit: I
Concept of farmer’s rights, Sui-generis protection for the protection of farmer’s
rights: A pecuniary requirement of agrarian countries.
Unit: II
Plant breeder’s rights and Farmer’s rights; Farmers Rights movement, UPOV and
other international convention on farmer’s rights.
Unit: III
The social angel in the protection of farmer’s rights, protection for varieties produced
and evolved by farmers. Varieties under the Seeds Act.
Unit: IV
Cross licensing and compulsory licensing of plant varieties and farmers rights,
technology transfer and benefit sharing.
9
LLM – 4: LAW OF COPYRIGHTS
MODULE: I
Unit: I
Idea, expression, creativity and creations original expression of Ideas,
Conceptualization of copyright. Nature meaning of copyright, content and scope of
copyright.
Unit: II
Subject matter of copyright: literary work, artistic work, dramatic work, musical
work, sound recordings, cinematographic works.
Unit: III
Copyright and allied rights: Performer’s rights, phonograms rights, and rights of
broadcasting organizations. Moral rights and copyrights.
Unit: IV
New trends in copyright subject matte; Copyright protection for compilations and
databases. Copyright and computer technology, internet and copyright.
MODULE: II
Unit: I
Historical evolution and International developments on copyright law. Berne
convention and other international agreements on copyright law.
Unit: II
European Union convention on computer programs and software protection, TRIPS
agreement, international mandates and copyright law.
Unit: III
The evolution of Indian regime on copyright protection. The copyright Act of India
1957 and protection of copyrights in India.
Unit: IV
Philosophy and justifications for protection and promotion of creativity and
innovative works through copyright.
10
MODULE: III
Unit: I
Universally recognized requirements of copyright: Originality of the work and other
requirements. Concept of originality as the threshold of copyrights.
Unit: II
Assessing originality, Idea and expression dichotomy, Expressions are protected
Ideas are not, first to conceive the idea and first to express the idea.
Unit: III
Procedure of obtaining copyright protection, Protection through registration:
Registration of creative works with the copyright registry.
Unit: IV
Functions and procedure before the registry. Application, examination and
publication of the application. Opposition to the claim and removal of difficulties,
grant of copyright.
MODULE: IV
Unit: I
Rights conferred on registration: right to use, adopt, and translate the copyrighted
work. Assignment and licensing of copyright. Scope for compulsory licensing and
suspension of rights.
Unit: II
Employer rights in copyright. Infringement and enforcement of copyright, fair use
doctrine and remedies. Civil and criminal remedies, Commercial arbitration and IPR
dispute resolution.
Unit: III
Third sector rights in copyrights: Copyright societies under the Indian Copyright Act
and copyright societies and copyright owners.
Unit: IV
Relevance of copyright societies in the effective protection of copyrights. Role of
third sector in the copyright protection.
11
LL.M - SECOND SEMESTER SYLLABUS
LLM – 5: LAW OF TRADEMARKS
MODULE: I
Unit: I
Defining trademark, Features of requirements of trademark, functions of trademark,
different forms and types of trademark.
Unit: II
Protection of trademark: Historical evolution of trademark law, International law on
trademarks: Paris Convention, Madrid Convention, TRIPS agreement.
Unit: III
Philosophy and theories of protection: Near resemblance, Deceptive Similarity.
Distinctiveness of a trademark: Overview of protection of trademarks in India.
Unit: IV
Registration of trademark: Purpose of registration, Conditions for registration,
Registrar of trademarks: functions and powers.
MODULE: II
Unit: I
Marks Registerable, Marks not Registerable, process of registration, Filing of
application and examination procedures.
Unit: II
Opposition proceeding, Grounds of opposition, invalidity and revocation,
Registration and grant of exclusive monopoly.
Unit: III
Register of trademarks and its maintenance, Rights conferred on registration, Property
in trademark, proprietary right in trademark.
Unit: IV
Maintenance of a registered trademark, Commercialization of trademark, Use and
dealing with trademark, Assigning and licensing of trademark.
12
MODULE: III
Unit: I
Infringement of trademark, Breach of monopoly, unauthorized use and infringement,
Acts that constitute infringement, Acts that won’t constitute infringement /
exceptions.
Unit: II
Enforcement of trademark, Means of enforcement, Mechanism for enforcement,
Process of enforcement and remedies.
Unit: III
Infringement of unregistered trademark, Common Law action for trademark
infringement, Action for passing off.
Unit: IV
Factors determining in the action for passing off, Continuous use without
interruption, established association with the goods and services.
MODULE: IV
Unit: I
Trends and developments in the trademark Law: service marks, Collective Marks,
Certification Marks, Textile marks, Well-known marks.
Unit: II
Domain names, Registration of domain names and Role of ICANN, Irregular
registration of domain names and the menace of cyber squatting.
Unit: III
Domain names and the role of WIPO, Domain name Vs trademark, Domain name
disputes and UDRP dispute resolution policy.
Unit: IV
IPR appellate Board: the need, Jurisdiction, Composition and functioning. Appeals
from grievances on registration, invalidity, revocation and claims of monopoly.
Procedure and process of adjudication.
13
LLM – 6: LAW OF DESIGNS AND INTEGRATED CIRCUITS
MODULE: I
Unit: I
What is industrial design? Features and components of industrial designs, functions of
industrial designs, scope and significance of industrial designs.
Unit: II
Pattern, shape, configuration and ornamentation of industrial designs, the outlook of
industrial articles as the subject matter of protection.
Unit: III
Historical evolution of law on industrial designs, design patents, protection of designs
under a separate law: why do we need a separate law on industrial designs?
Unit: IV
Paris Convention on industrial property and industrial designs, Hague agreement on
international registration of industrial designs, the TRIPS agreement.
MODULE: II
Unit: I
Essential requirements of registration of an industrial design, designs to be applied on
the industrial articles.
Unit: II
The registry of industrial designs, powers and functions of the registry, the procedure
of registration of industrial designs, publication of designs.
Unit: III
The designs that are Registerable and which are not registerable, application
procedure, opposition procedure before registration.
Unit: IV
Rights conferred on registration, Copyright in industrial designs, nature of rights, and
ownership of industrial designs.
14
MODULE: III
Unit: I
International protection of industrial designs, facility of international registration of
novel designs.
Unit: II
The Hague agreement on facilitating international registration of industrial designs,
procedure of obtaining international registration.
Unit: III
Exploiting the rights on industrial designs, licensing and assignment of rights in the
industrial designs, registration of assignment and licensing of rights.
Unit: IV
Infringement of rights in industrial designs and enforcement, what constitutes
infringement of a design and remedies?
MODULE: IV
Unit: I
Understanding semiconductor chip, integrated circuit and lay out designs, features of
semiconductor chips and layouts.
Unit: II
Genesis of layout designs, need for protection, the convention on integrated circuit
the TRIPS agreement on integrated circuits and layout designs.
Unit: III
Registration of lay out designs and semi conductor chips, the registry of integrated
circuits and layouts, essential requirements, the procedure for registration.
Unit: IV
Rights conferred on registration, nature and extent of rights, duration of rights, and
enforcement of rights.
15
LLM – 7: LAW OF TRADE SECRETS
MODULE: I
Unit: I
Information as property, what constitutes trade secret? Ingredients of trade secrets,
Why are trade secrets important.
Unit: II
Confidential information, what makes information confidential, obligations of
confidentiality? Common law practices.
Unit: III
International law on trade secrets: The paris convention on industrial property and
trade secrets, The TRIPS agreement.
Unit: IV
Trade secrets and contractual relations, Contract law in the protection of trade secrets
and confidential information.
MODULE: II
Unit: I
Common law conventions for protection of trade secrets. Theories of protection,
Theory of contractual obligation, Spring Board theory.
Unit: II
Doctrines on the protection of trade secrets: Doctrine of unjust enrichment or
misappropriation, fiduciary relationship and duties and obligations.
Unit: III
Trade secrets and employment contracts: Concerns of trade secrets and confidential
information in employee contracts.
Unit: IV
Restrictive covenants in employee contracts: Non-disclosure agreements, loyalty
agreements, non-compete agreements.
16
MODULE: III
Unit: I
Legislative mechanism on trade secrets: National Innovations Bill, 2008: need and
relevance, The salient features of the bill.
Unit: II
Maintenance of confidentiality and commercial information, Status of confidential
information and trade secrets under the bill, exceptions to confidentiality.
Unit: III
Protection of trade secrets in the USA: Uniform trade secret protection Act of US, A
Comparative analysis.
Unit: IV
Protection of trade secrets in the UK, the European practices on the protection of
trade secrets: A perspective.
MODULE: IV
Unit: I
Misappropriation of trade secrets, Violation of rights in trade secrets, enforcement of
confidential information and trade secrets under the common law.
Unit: II
Protection of trade secrets: A recommended approach, Enforcement of trade secrets
under the National Innovation Bill and remedies.
Unit: III
An overview of custom based and legislative mechanism for the protection of trade
secrets in India.
Unit: IV
Other intellectual property rights and trade secrets: A comparison, trade secret law as
a custom based or convention oriented regime. Model non-disclosure agreement.
17
LLM – 8: TECHNOLOGY LAW AND SOCIETY
MODULE: I
Unit: I
Science, technology and development, social reformation and science and technology,
scientific revolutions that have changed the society, notions of technological society.
Unit: II
Regulation of science and technology and social transformation, Law and policy in
the regulation of technology and social transformation, notions of scientific temper.
Unit: III
Law as social technology, law as an instrument of social change Law as a product of
traditions, customs and culture, development of technology as a reason for law
making.
Unit: IV
Socialist thoughts on law and justice: thoughts of Gandhi, Raja Ram Mohan Roy,
Vinobha Bhave, Jaya Prakash Narayanan, Marxist thoughts, concept of grama
nyalayas.
MODULE: II
Unit: I
Religion and Law: Secularism a balancing measure in religious tolerance freedom of
religion and the practice of sccularism, religious minorities.
Unit: II
Language Policy: formation of linguistic states, linguistic minorities, official
language, multi-lingual system, language as the decisive factor.
Unit: III
Caste, Community and law: Policy of non-discrimination on the ground of caste,
caste as factor to undo past injustices.
Unit: IV
Protective discrimination: Scheduled caste, tribes and backward classes: Reservation
Policy, statutory commissions.
18
MODULE: III
Unit: I
Regionalism and Law: Concept of India as a one unit, Right to movement, residence
and business, impressibility of state and regional barriers.
Unit: II
Regional discrimination and equality, Equality in employment, concept of ‘son of the
soil ‘and its practice. Practice of quota for locals in educational institutions.
Unit: III
Women and Law” Discrimination, harassment and crimes against women, gender
justice and women empowerment, women commission.
Unit: IV
Child and the law: Child abuse, Child labour and exploitation, compulsory education
for children, prohibition of child labour.
MODULE: IV
Unit: I
Moderinization and law: Modernity as a value, constitutional perspectives in the
fundamental duties, modernization of social institutions.
Unit: II
Reformation of family, agrarian reform and industrialization, free enterprise V. and
State regulation, Industrialization V environment.
Unit: III
Reforms in criminal law: Plea bargaining, Compounding and payment of
compensation to victims, Prison reforms.
Unit: IV
Alternative Dispute Resolution: Mediation, Counseling, Lok adalat, decentralization
of local self government.
19
LL.M - THIRD SEMESTER SYLLABUS
LLM – 9: GEOGRAPHICAL INDICATIONS AND TRADITIONAL
KNOWLEDGE
MODULE: I
Unit: I
Community IPR: the other side of the Intellectual Property, recognizing the rights of
the groups, associations and communities.
Unit: II
Indications of sources, Appellations of origins, defining geographical indication: the
ingredients? The purpose of recognizing geographical indications.
Unit: III
International law on geographical indications: The Paris convention and indications
of sources, Lisbon agreement on indications of sources.
Unit: IV
The TRIPS agreement and geographical indications, protection of geographical
indications to recognize the efforts of community.
MODULE: II
Unit: I
The Geographical indications law in India, The objectives and features, the registry of
geographical indications: powers and functions.
Unit: II
Types of goods offered protection: Agriculture goods, manufactured goods and
natural goods. Registration of indications and the requirements.
Unit: III
Rationale and justification for protection of geographical indications: Objectives and
theories of protection.
Unit: IV
Prohibition of misleading use of indications of geographical origins, prohibition of
dilution of geographical origins.
20
MODULE: III
Unit: I
A study of geographical indications in India: The famous geographical indications
and contemporary developments.
Unit: II
Limitations of protection of geographical indications, the interface between
trademarks and geographical indications.
Unit: III
Geographical indications as a tool to protect traditional knowledge, geographical
indications as a mean for protecting community rights.
Unit: IV
The concept of community intellectual property rights: efficacy of geographical
indications regime in securing community rights.
MODULE: IV
Unit: I
Traditional Knowledge: what constitutes traditional knowledge? Components and
ingredients of traditional knowledge.
Unit: II
Protection of traditional knowledge: Traditional Knowledge and patent law,
traditional knowledge and the convention of biological diversity, bio-piracy and bio-
prospecting.
Unit: III
Codification of traditional knowledge and protection of community rights, the
biological diversity authorities and their functions, WIPO consultation on traditional
knowledge.
Unit: IV
The EU Directive on the protection of traditional knowledge, the peculiarities of
protection of traditional knowledge.
21
LLM – 10: LAW RELATING TO BIOTECHNOLOGY
MODULE: I
Unit: I
Defining Biotechnology history and evolution of biotechnology as a science of
modern day miracles.
Unit: II
Biotechnology in different generations: First generation of biotechnology, second
generation of biotechnology, third generation of biotechnology.
Unit: III
Commercialization of biotechnology, green biotechnology, red biotechnology, health
services, ecological applications, food sector and applications of biotechnology.
Unit: IV
Biotechnology law and policy: The Biotechnology Policy of India, promotion and
incentivizing of research and development in biotechnology.
MODULE: II
Unit: I
Intellectual property rights in Biotechnology, copyrights and trade secrets in
biotechnology, biotechnology and patent law, classification of biotech inventions.
Unit: II
Evolution of biotech patent law, Dichotomy of invention and discovery, doctrine of
product of nature and biotechnology.
Unit: III
Ingenuity shall receive liberal encouragement: doctrine of product of man and
biotechnology as patentable subject matter.
Unit: IV
The voyage of evolution of biotech patent law: Microorganisms as patentable subject
matter, plants, animal and human genetic material as patentable subject matter.
22
MODULE: III
Unit: I
Ethical objections to biotechnology research and protection: concept of integrity and
self sustenance of living beings. Natural law principles, living beings as marketable
commodities.
Unit: II
Monopoly over life and living matter, ethics in patenting various life forms, Debate
on ethics versus technology. ICMR guidelines.
Unit: III
Biotechnology, trade and development, trade in genetically modified organisms,
(GMO) and living modified organisms (LMO), concerns in trade in GMO / LMO.
Unit: IV
GMO and international obligations, WTO agreements on trade, Technical Barriers to
trade agreement and trade in biotechnology, concept of prior informed consent.
MODULE: IV
Unit: I
Bio-safety concerns in biotechnology, Cartagena protocol on bio-safety, bio-safety
clearing house, revisiting the objects of protocol, precautionary principles.
Unit: II
Cartagena protocol and WTO, Sanitary and Phyto-sanitary measures agreement,
health related concerns in biotechnology, DNA safety guidelines.
Unit: III
Biotechnology and bio-diversity, UNCTAD conference on trade and environment,
convention on biological diversity, biological diversity Act of India.
Unit: IV
Biotechnology strategy and policy of India: the future of biotechnology in India,
promotion and scope of biotechnology in India.
23
LLM – 11: INFORMATION TECHNOLOGY LAW
MODULE: I
Unit: I
Information society and technology, scope of information technology in the modern
world, application of information technology, information as property.
Unit: II
Internet: the world of virtual reality, the birth of internet and the online world, the
world wide web and its legal implications, the information super highway.
Unit: III
Information technology and intellectual property, copyrights in information
technology, protection of online databases and compilations.
Unit: IV
Copyrights in software, source code and object code, search engines and copies on
the internet, copyrights in the internet.
MODULE: II
Unit: I
E-commerce and information technology, information technology act and e-
commerce, concept of e-contract and legal relevance.
Unit: II
Digital signatures, encryption and cryptography, electronic signatures and their
relevance in e-commerce. Information technology and E-governance.
Unit: III
Domain names and web pages, development of web pages, web content and issues of
copyrights and trade marks.
Unit: IV
Registration and maintenance of domain names and ICANN, domain name disputes
and UDRP policy on dispute resolution.
24
MODULE: III
Unit: I
Issues of online privacy, privacy over internet, violation of privacy over internet,
electronic surveillance and issues of privacy.
Unit: II
Cyber crimes and regulation, theft over internet, theft of information, internet fraud,
misrepresentation, forgery.
Unit: III
Defamation over internet, obscenity and phonographic content on internet, censoring
the internet, decency and morality over internet.
Unit: IV
Mischief over internet, viruses, spam, internet worms, misusing the content on the
internet, loss and damages to the content on the internet.
MODULE: IV
Unit: I
Internet service providers and online service provider, liability of internet service
provider under the information technology Act.
Unit: II
Content on the web pages and the liability of internet service provider, concept of due
diligence, exceptions and limitations.
Unit: III
Jurisdiction over internet: jurisdiction and the procedural laws, jurisdiction beyond
boundaries and concept of connectivity and presence.
Unit: IV
The future of information technology and online world, the information technology
policy of India: vision and mission.
25
LLM – 12: TECHNOLOGY TRANSFER AND IPR
MODULE: I
Unit: I
What is technology? What does amount to transfer, need for the transfer of
technology and commercialization of intellectual property.
Unit: II
Industrialization and need for technology, Technological development as a mean to
economic development, the anatomy of technology transfer.
Unit: III
Types of technology transfer: Technology licensing, exporting and leasing,
Consultation and opinions on technology.
Unit: IV
Vertical transfer of technology: form laboratory to industry, University- industry
collaborations and technology transfer.
MODULE: II
Unit: I
Horizontal transfer of technology: beyond the boundaries. Transfer of technology
from and among developed countries and developing countries.
Unit: II
Regulation of technology transfer collaborations and measures: Foreign Investment
promotion Board (FIPB), its Powers and functions.
Unit: III
Similar institutions in other countries Technology Transfer Board in US, the role of
the Boards in technology transfer.
Unit: IV
Technology Transfer agreements within the country and beyond the boundaries.
Technology Policy of the Government of India.
26
MODULE: III
Unit: I
Technology Transfer Regulations: Concerns and relevance, TRIPS agreement and
technology transfer.
Unit: II
Convention of Biological Diversity (CBD) and Technology Transfer: Prior Informed
consent, Risk Assessment, Precautionary measures and Benefit Sharing.
Unit: III
The Biological Diversity Act of India: Scope and reach. The Biological Diversity
Authority: Posers and functions.
Unit: IV
Technology transfer under the Protection and Utilization of Public funded Research
Bill, 2008: The silent features.
MODULE: IV
Unit: I
Some reflections on the US Bayh Dole Act, The significance of US legislation in
promoting technology transfer.
Unit: II
IPR and technology transfer: Transfer of patented technology, concept of parallel
imports, importing and exporting of patented technology.
Unit: III
Transfer of protected designs and semiconductors, exporting of protected software
and concerns, transfer of unprotected technology.
Unit: IV
Cross boarder of protection and enforcement of intellectual property rights and
technology transfer, concept of Boarder measures under the TRIPS agreement.
27
LL.M - FOURTH SEMESTER SYLLABUS
LLM – 13: INTELLECTUAL PROPERTY VALUATION, AUDITING
AND MANAGEMENT
MODULE: I
Unit: I
What is Intellectual Asset? Intellectual assent and Intellectual property (IP), Meaning
and significance of IP assent management, scope and strategy for asset management
of IP.
Unit: II
Importance of business structures in the exploitation of intellectual property, creation
of brand value, legal forms of transferring Intellectual property ownership.
Unit: III
Maintenance and prosecution of IP rights: General Principles, Confidentiality,
competition, applicability of law and dispute resolution.
Unit: IV
Commercialization of IP assets and markets: Commercialization strategies,
conducting due diligence, consideration in due diligence, freedom to operate search.
MODULE: II
Unit: I
Licensing Intellectual Property: licensing agreements, scope and exclusivity, term and
consideration: non-cash consideration, taxation of consideration.
Unit: II
Negotiating license agreements: Sub-licenses, upfront payments, milestone payments,
warranties and ownership, third party rights.
Unit: III
Intellectual property audit: defining IP audit, Scope and purpose of conducting IP
audit, need for IP audit, types of IP audit.
Unit: IV
IP audit policy and strategy, Creating IP awareness in the organization, identifying
the intellectual property, effective IP audits, benefits of IP audits.
28
MODULE: III
Unit: I
Managing information: Management information systems (MIS) understanding
organizational hierarchies, communication channels, power centers and information
centers.
Unit: II
Creation of Intellectual assets, incentives to creation of Intellectual assets, barriers to
creation of Intellectual assets.
Unit: III
Leveraging of Intellectual assets: Identifying core competencies, market analysis,
building up, protection and enforcement of core competencies, redefining business
strategies.
Unit: IV
Intellectual property Valuation: methods of valuation, brand and brand strength,
brand value and branding terms, product price and value of Intellectual assets.
MODULE: IV
Unit: I
Marketing IP assets: advertisement, assignment and licensing, open source licensing,
licensing and negotiation, cross-licensing.
Unit: II
Auctioning and selling Intellectual property, Joint ventures in Intellectual property,
gifting Intellectual property, branding and pricing of Intellectual property.
Unit: III
Contractual obligations: Non-disclosure agreement, features, anti-royalty stacking,
indemnification, patent pools and cross-licensing.
Unit: IV
Intellectual property and financial reporting, tax aspects, tax considerations at the
company level, tax considerations at the share holders level.
29
LLM – 14: INTELLECTUAL PROPERTY AND COMPETITION
LAW
MODULE: I
Unit: I
Introduction to competition, Perfect competition: features of free and fair
competition, Law and Policy of Trade and Competition.
Unit: II
Visions of Competition Policy: Public Policy, Economic development, Economic
efficiency. Regulation of competitions and UNCTAD.
Unit: III
WTO debate on anti-competitive practices, the draft international anti-trust code,
agreement on trade related aspect of anti-trust measures.
Unit: IV
The making of competition law in India: reflections on the past, present and the future
of competition regime in India.
MODULE: II
Unit: I
Concern of Competition Policy: Preventing Abuse of IPR, Market Access, Foreign
collaboration and Investment.
Unit: II
Theories on protecting intellectual property, Theories on competition and open
market system.
Unit: III
Competition Law and Patents: Patents and exclusive monopoly V. Free and fair
competition and market access.
Unit: IV
Government acquisition of patents in the public interest, Compulsory licensing of
patents as a mean to promote free competition in the market.
30
MODULE: III
Unit: I
Trade secrets, undisclosed information and unfair competition: Paris Convention on
Unfair competition, The TRIPS agreement.
Unit: II
Regulation of unfair competition in the UK, European Directive on the law of unfair
competition.
Unit: III
Antitrust mechanism for the protection of trade secrets: An US perspective, the
features of Anti-trust legislation in USA. US Competes Act, 2007.
Unit: IV
Misuse of trade secrets and anti-competitive practices: Indian competition law and
regulation of trade secrets.
MODULE: IV
Unit: I
Trademark and competition law: European Community Treaty on the principles
governing the interface between trademarks and competition.
Unit: II
Doctrine of Exhaustion and trademarks, Issues of common origin and repackaging in
the regulation of competition.
Unit: III
Copyrights and Competition Law: Issues and Perspectives, Doctrine of First sale
under the copyright Act.
Unit: IV
Issue of Copyright exhaustion and competition, judicial pronouncements on copyright
exhaustion.
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