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In this learned work the authors have explained very clearly and simply, the principles, and issues in intellectual property, through the help of case-law.
The approach of the authors is to help the reader to develop an in depth understanding of the subject through encouraging analysis and debate by going to the landmark cases on the subject. The reader thus gets an insight into issues such as, the philosophy behind, versus the application of IPL, how internationally recognised IP norms are applied in India, and the balance that the law achieves, or fails to, between public and private interests. Further aspects include those of ownership, passing off and IPL enforcement.
The authors have taken pains to edit the cases and present the issues in a simple language so as to make the subject easily comprehensible. They have selected cases and organised the Chapters such as to provoke independent thinking, where they first introduce issues for discussion and then follow it up by leading cases, questions and exercises. This approach also serves as an excellent teaching aid.
An original work, the book will be an invaluable aid for lawyers, judges, academics and IP professionals and those interested in the study of IPL and its development.
1. Conceptual Basis for Intellectual Property Protection
Introduction
Concept of Originality in Copyright
Concept of Novelty, Inventive Step and Utility in Patents
Concept of Distinctiveness in Trade and Service Marks
2. Subject – Matter of Intellectual Property Protection
Introduction
Works Protected under Copyright Law (Including Performances)
3. Rights of Owners of Intellectual Property
Introduction
Rights under the Copyright Law
Economic Rights of Authors – Right of Reproduction
4. Ownership and Transfer of Intellectual Property Rights
Authorship and Ownership of Copyright
The true and first Inventor and the Patentee
Intellectual Property Rights during Employment
Transfer of Intellectual Property Rights
Copyright
Trademark
5. Public Interest and Intellectual Property Rights
Introduction
Term of Protection of Copyright
Limitations and Exceptions
Patent
Statutory and Compulsory Licence of IPR
6. Infringement of Intellectual Property Rights and Passing off
Introduction
Ambush Marketing
7. Enforcement of Intellectual Property Rights
Introduction
Civil Remedies
Injunction
Criminal Remedies
Administrative Remedies
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