Emerging Issues under Subsidiary I P Rs
by Sankalp JainPART 1
Copyright Act
Chapter 1
Issues under Copyright Act
| 1.Moral Rights in Indian Copyright Law | � |
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| 2. Performers’ Rights in Indian Copyright Law and Common Law | � |
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| 3. Broadcasters’ Rights in Indian Copyright Law | � |
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PART 2
Domain Names
Chapter 2
Law of Domain Names in India
| A. Domain Names: Salient Features, Functions and Importance | � |
| B. Registration of Domain Names | � |
| C. Domain Names: Infringement, Passing Off and Injunction | � |
| D. UDNDR Policy | � |
| E. Distinction between Trademark and Domain Name | � |
| F. Domain Name Registrars (DNRs): ‘Intermediaries’ under Information Technology Act |
PART 3
Trade Dress
Chapter 3
Law of Trade Dress in India
| A. Trade Dress: Salient Features, Functions and Importance | � |
| B. Trade Dress: Infringement, Passing Off and Likelihood of Confusion | � |
| C. Trade Dress: Grant of Injunction | � |
| D. Duties and Obligations of Second and Subsequent Users | � |
| E. Trade Dress: Interplay with other IPRs |
PART 4
Geographical Indications
Chapter 4
Law of Geographical Indications in India
| A. Geographical Indications Act: Preamble and Object | � |
| B. Absolute Protection | � |
| C. Jurisdiction of the High Court and District Courts | � |
| D. Geographical Indications: Opposition to Grant, Infringement and Passing-Off | � |
| E. Unfair Competition | � |
| F. Place of Origin and Reputation |
PART 5
Plant Variety
Chapter 5
Protection of Plant Varieties and Farmers Rights in India
| A. PPVFR Act: Objects and Purpose | � |
| B. Registration of Plant Variety | � |
| C. Submission of Evidence | � |
| D. Opposition to Application for Registration of Plant Variety | � |
| E. DUS Criteria: Distinctiveness, Uniformity and Stability | � |
| F. Harvested Material | � |
| G. Plant Variety Protection and Other IPRs | � |
| H. National Register of Plant Variety | � |
| I. Interpretation of Statutes: PPVFR Act and PPVFR Rules | � |
| J. Essentially Derived Variety | � |
| K. Infringement and Remedies |
PART 6
Traditional Knowledge
Chapter 6
Law of Traditional Knowledge in India
| A. Traditional Products and Herbs | � |
| B. Biological Diversity Act, 2002: Objectives | � |
| C. Fair and Equitable Benefit Sharing (FEBS) | � |
| D. Revocation of Patent |
PART 7
Trade Secrets
Chapter 7
Law of Trade Secrets and Confidential Information in India
| A. Trade Secrets/Confidential Information: Salient Features, Types, Functions & Importance | � |
| B. Law of Confidentiality: Duty of Confidence and Breach of Confidentiality | � |
| C. Right of Information Act, 2005: Sections 11 and 8(1) | � |
| D. Covenants in Restraint of Trade: Section 27, Indian Contract Act, 1872 | � |
| E. Infringement and Remedies | � |
| F. Novelty | � |
| G. Trade Secrets and Other IPRs | � |
| Appendix 1 Relevant Legislative Provisions (Indian Laws) | � |
| Appendix 2 Relevant Legislative Provisions (International Treaties/Conventions) |
About the Author
Sankalp Jain
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