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Intellectual Property and International Organisations and Agreements
Official Notes munotes.in
Intellectual Property and International Organisations and Agreements
LL.M. · SEMESTER 1
Strictly as per the University of Mumbai LL.M. syllabus in force, with every treaty article read from the instrument itself
For LL.M. students of the University of Mumbai taking Group III, Law of Intellectual Property and Information Technology
munotes.in Group 3 Law of Intellectual Property and Information Technology
Intellectual Property and International Organisations and Agreements
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is free for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I Intellectual Property Rights: Concept, Growth and Kinds
- What Intellectual Property Is 1
- Intangible and Incorporeal Property 5
- The Concept and the Nature of Intellectual Property 9
- The Kinds of Intellectual Property 13
- Patents 17
- Copyright and Related Rights 21
- Trade Marks, Service Marks, Collective and Certification Marks 25
- Industrial Designs, Geographical Indications, Layout Designs, Plant Varieties and Undisclosed Information 29
- Why the Law Protects Intellectual Creations 34
- The Need, the Growth and the Objectives of Intellectual Property Rights 38
- The Functions of an Intellectual Property System, and the Case Against It 42
- Intellectual Property as an Asset and a Driver of Development 46
- A Short History: Venice 1474 to the Statute of Anne 50
- The International Character of Intellectual Property Rights 54
- Territoriality and the Independence of Rights 58
- Acquiring an Intellectual Property Right 62
- Maintaining an Intellectual Property Right 66
- Commercial Exploitation: Assignment and Transmission 70
Contents continued
Module I continued Intellectual Property Rights: Concept, Growth and Kinds
- Commercial Exploitation: Licensing 74
- Commercial Exploitation: Franchising, Merchandising, Technology Transfer and Pools 78
- Intellectual Property as Security, and How an Intangible Is Valued 82
- Abuse of Intellectual Property Rights 86
- Anti-Competitive Practices in Intellectual Property Licensing 90
- Unfair Trade Practices Touching Intellectual Property in India 94
- The Challenges of the Current Era 98
- The Indian Intellectual Property System 102
Module II International Organisations and the Treaties They Administer
- International Organisations and Agreements: What This Module Is 106
- Why an International System Became Necessary: Vienna, 1873 110
- The Paris Convention 1883: The Union It Creates 114
- Paris: National Treatment, Articles 2 and 3 118
- Paris: The Right of Priority, Article 4 122
- Paris: Independence of Patents, Working and Compulsory Licences, Articles 4bis, 5 and 6 127
Contents continued
Module II continued International Organisations and the Treaties They Administer
- Paris: Well Known Marks, State Emblems and the Special Marks, Articles 6bis to 9 132
- Paris: False Indications and Unfair Competition, Articles 10 to 12 138
- Paris: How the Union Is Administered, Articles 13 to 18 143
- The Berne Convention 1886: The Union and Its Acts 148
- Berne: Protected Works and the Points of Attachment, Articles 2 to 5 152
- Berne: Moral Rights and the Term of Protection, Articles 6bis and 7 157
- Berne: The Economic Rights, Articles 8 to 14ter 162
- Berne: Redress, Seizure, Retroactivity and Special Agreements, Articles 15 to 20 167
- Berne: The Appendix for Developing Countries, Article 21 and Articles I to VI 172
- Berne: How the Union Is Administered, Articles 22 to 26 177
- BIRPI and the Road to Stockholm 182
- The Convention Establishing WIPO, 1967 187
- WIPO: Aims and Functions, Articles 3 and 4 191
- WIPO: Membership and How a State Joins, Articles 5, 14, 15 and 16 195
- WIPO: The Organs, Articles 6 to 10, 12 and 13 200
Contents continued
Module II continued International Organisations and the Treaties They Administer
- WIPO: Finance, Legal Capacity and Amendment, Articles 11, 17, 18 and 19 206
- WIPO Today: The Committees, the Centre and the Limits 211
- WIPO and the United Nations 216
- The Twenty-Eight Treaties WIPO Administers 221
- The Rome Convention 1961: Performers, Producers and Broadcasters 226
- Rome: The Intergovernmental Committee and the Final Clauses, Articles 23 to 34 233
- The Geneva Phonograms Convention 1971 and the Brussels Satellite Convention 1974 239
- The WIPO Copyright Treaty 1996, Articles 1 to 14 245
- The WIPO Copyright Treaty: Administration and Final Clauses, Articles 15 to 25 251
- The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 256
- The WPPT: Common Provisions, Administration and Final Clauses, Articles 18 to 33 262
- The Beijing Treaty on Audiovisual Performances 2012, Articles 1 to 17 267
- The Beijing Treaty: Administration and Final Clauses, Articles 18 to 30 273
- The Marrakesh VIP Treaty 2013, Articles 1 to 12 278
- The Marrakesh VIP Treaty: Administration and Final Clauses, Articles 13 to 22 284
Contents continued
Module II continued International Organisations and the Treaties They Administer
- The Patent Cooperation Treaty 1970: What an International Application Is 289
- The PCT: International Search and Publication, Articles 15 to 21 295
- The PCT: Chapter II and the National Phase, Articles 22 to 42 301
- The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 308
- The Budapest Treaty 1977: Depositing a Microorganism 315
- The Madrid Agreement 1891: International Registration of Marks 321
- The Madrid Protocol 1989, and Why India Joined It 328
- The Other Madrid Agreement of 1891: False and Deceptive Indications of Source 335
- The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 341
- The Hague Geneva Act: Administration and Final Clauses, Articles 19 to 34 348
- The Lisbon Agreement 1958 and the Geneva Act of 2015 355
- The Nice Agreement 1957: Classifying Goods and Services 361
- The Locarno Agreement 1968 and the Strasbourg Agreement 1971 367
- The Vienna Agreement 1973: Classifying the Figurative Elements of Marks 373
- The Nairobi Treaty 1981: The Olympic Symbol 379
Contents continued
Module II continued International Organisations and the Treaties They Administer
- The Washington Treaty 1989 on Integrated Circuits 385
- The Trademark Law Treaty 1994 393
- The Singapore Treaty 2006, and What It Changed 400
- The Patent Law Treaty 2000 407
- The WIPO GRATK Treaty 2024: Genetic Resources and Traditional Knowledge 415
- The Riyadh Design Law Treaty 2024 422
- The UPOV Convention: 1961, 1978 and 1991 429
- UPOV: The Union, Its Organs and the Final Clauses, Articles 22 to 42 437
- Bretton Woods 1944 and the Organisation That Was Never Born 445
- GATT 1947: Its Basic Objectives, and How Far It Succeeded 450
- The Rounds of Negotiation, Geneva 1947 to Punta del Este 1986 456
- The Uruguay Round 1986 to 1994, and Its Socio Legal Implications 461
- How Intellectual Property Got Into a Trade Agreement 467
- The Marrakesh Agreement 1994: The World Trade Organization 473
- The Structure of the WTO, and the Council for TRIPS 479
- Decision Making, Waivers, Amendment and Withdrawal, Articles IX, X and XV 485
Contents continued
Module II continued International Organisations and the Treaties They Administer
- Membership and Accession, Articles XI, XII, XIII, XIV and XVI 491
- The WTO and Global Economic Policy Making 497
- The Norms for Developing Countries 502
- The Multilateral Agreements and the Single Undertaking 508
- WTO Dispute Settlement: The Procedure a TRIPS Complaint Follows 513
- The Other Mechanisms: Good Offices, Conciliation, Mediation and Arbitration 519
- UNESCO, the ILO, the FAO and the WHO 524
- WIPO and the WTO Compared 531
Module III The TRIPS Agreement
- The TRIPS Agreement: What It Is and Why It Changed Everything 537
- TRIPS Article 1: The Nature and Scope of Obligations 542
- TRIPS Article 2: Paris, Berne, Rome and Washington Carried In 546
- TRIPS Article 3: National Treatment 551
- TRIPS Articles 4 and 5: Most Favoured Nation Treatment 556
- TRIPS Articles 6, 7 and 8: Exhaustion, Objectives and Principles 560
- TRIPS Articles 9 to 14: Copyright and Related Rights 565
Contents continued
Module III continued The TRIPS Agreement
- TRIPS Articles 15 to 21: Trademarks 571
- TRIPS Articles 22 to 24: Geographical Indications 576
- TRIPS Articles 25 and 26: Industrial Designs 582
- TRIPS Article 27: Patentable Subject Matter 587
- TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions 592
- TRIPS Article 31: Other Use Without Authorisation 597
- TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof 603
- TRIPS Articles 35 to 38: Layout Designs of Integrated Circuits 608
- TRIPS Article 39: Undisclosed Information 613
- TRIPS Article 40: Anti-Competitive Practices in Licences 618
- TRIPS Article 41: The General Obligations on Enforcement 623
- TRIPS Articles 42 to 49: Civil and Administrative Procedures 628
- TRIPS Article 50: Provisional Measures 634
- TRIPS Articles 51 to 60: Border Measures 639
- TRIPS Article 61: Criminal Procedures 645
- TRIPS Article 62: Acquisition and Maintenance of Rights 650
- TRIPS Article 63: Transparency 655
Contents continued
Module III continued The TRIPS Agreement
- TRIPS Article 64: Dispute Settlement and the Non Violation Moratorium 660
- TRIPS Articles 65 and 66: Transitional Arrangements 665
- TRIPS Articles 67, 70: Technical Cooperation and Existing Subject Matter 670
- TRIPS Articles 68, 69, 71, 72 and 73: The Institutions 677
- The Doha Declaration on TRIPS and Public Health, 2001 682
- Article 31bis and the Protocol Amending TRIPS 687
- TRIPS and the Indian Patents Act 1970 693
- Section 3(d) and the Novartis Case 698
- How India Implemented the Rest of TRIPS 703
- Plant Variety Protection under TRIPS Article 27.3(b) 708
- The TRIPS Disputes That Have Been Decided 715
- TRIPS Plus: Free Trade Agreements and What India Has Refused 720
Module IV Human Rights and Intellectual Property Rights
- Human Rights and Intellectual Property: Two Systems Built Apart 725
- Universal Declaration Article 27: Two Halves of One Sentence 730
- Covenant Article 15 and General Comment No. 17 735
- Is Intellectual Property Itself a Human Right? 741
Contents continued
Module IV continued Human Rights and Intellectual Property Rights
- The Conflict Approach and the Coexistence Approach 746
- Public Interest and the Indian Intellectual Property System 752
- The Interplay of Rights and Public Interest, and How Rights Are Abused 758
- The Right to Health and Access to Medicines 763
- Compulsory Licensing in India 768
- The Right to Education, Cultural Life, and the Limits of Copyright 775
- The Right to Food and Farmers' Rights 780
- The Convention on Biological Diversity 1992, Articles 1 to 21 786
- The Convention on Biological Diversity: Machinery and Final Clauses, Articles 22 to 42 793
- The Nagoya Protocol 2010, Articles 1 to 18 799
- Nagoya: Machinery, Final Clauses, and the Biological Diversity Act 806
- Traditional Knowledge: Why Patent Law Cannot See It 814
- Biopiracy: Turmeric, Neem, Basmati, and the Digital Library 820
- Traditional Cultural Expressions and Indigenous Peoples 826
- The Challenges of Governing Public Interest and Intellectual Property Together 832
- A Human Rights Framework for Intellectual Property 837
Page 1 onwards
842 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 842 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2023, 2024, 2025, 2026
Every chapter in the notes: 157 chapters across 4 modules
Module I Intellectual Property Rights: Concept, Growth and Kinds 26 chapters
- 1 What Intellectual Property Is pages 1–4
- 2 Intangible and Incorporeal Property pages 5–8
- 3 The Concept and the Nature of Intellectual Property pages 9–12
- 4 The Kinds of Intellectual Property pages 13–16
- 5 Patents pages 17–20
- 6 Copyright and Related Rights pages 21–24
- 7 Trade Marks, Service Marks, Collective and Certification Marks pages 25–28
- 8 Industrial Designs, Geographical Indications, Layout Designs, Plant Varieties and Undisclosed Information pages 29–33
- 9 Why the Law Protects Intellectual Creations pages 34–37
- 10 The Need, the Growth and the Objectives of Intellectual Property Rights pages 38–41
- 11 The Functions of an Intellectual Property System, and the Case Against It pages 42–45
- 12 Intellectual Property as an Asset and a Driver of Development pages 46–49
- 13 A Short History: Venice 1474 to the Statute of Anne pages 50–53
- 14 The International Character of Intellectual Property Rights pages 54–57
- 15 Territoriality and the Independence of Rights pages 58–61
- 16 Acquiring an Intellectual Property Right pages 62–65
- 17 Maintaining an Intellectual Property Right pages 66–69
- 18 Commercial Exploitation: Assignment and Transmission pages 70–73
- 19 Commercial Exploitation: Licensing pages 74–77
- 20 Commercial Exploitation: Franchising, Merchandising, Technology Transfer and Pools pages 78–81
- 21 Intellectual Property as Security, and How an Intangible Is Valued pages 82–85
- 22 Abuse of Intellectual Property Rights pages 86–89
- 23 Anti-Competitive Practices in Intellectual Property Licensing pages 90–93
- 24 Unfair Trade Practices Touching Intellectual Property in India pages 94–97
- 25 The Challenges of the Current Era pages 98–101
- 26 The Indian Intellectual Property System pages 102–105
Module II International Organisations and the Treaties They Administer 75 chapters
- 27 International Organisations and Agreements: What This Module Is pages 106–109
- 28 Why an International System Became Necessary: Vienna, 1873 pages 110–113
- 29 The Paris Convention 1883: The Union It Creates pages 114–117
- 30 Paris: National Treatment, Articles 2 and 3 pages 118–121
- 31 Paris: The Right of Priority, Article 4 pages 122–126
- 32 Paris: Independence of Patents, Working and Compulsory Licences, Articles 4bis, 5 and 6 pages 127–131
- 33 Paris: Well Known Marks, State Emblems and the Special Marks, Articles 6bis to 9 pages 132–137
- 34 Paris: False Indications and Unfair Competition, Articles 10 to 12 pages 138–142
- 35 Paris: How the Union Is Administered, Articles 13 to 18 pages 143–147
- 36 The Berne Convention 1886: The Union and Its Acts pages 148–151
- 37 Berne: Protected Works and the Points of Attachment, Articles 2 to 5 pages 152–156
- 38 Berne: Moral Rights and the Term of Protection, Articles 6bis and 7 pages 157–161
- 39 Berne: The Economic Rights, Articles 8 to 14ter pages 162–166
- 40 Berne: Redress, Seizure, Retroactivity and Special Agreements, Articles 15 to 20 pages 167–171
- 41 Berne: The Appendix for Developing Countries, Article 21 and Articles I to VI pages 172–176
- 42 Berne: How the Union Is Administered, Articles 22 to 26 pages 177–181
- 43 BIRPI and the Road to Stockholm pages 182–186
- 44 The Convention Establishing WIPO, 1967 pages 187–190
- 45 WIPO: Aims and Functions, Articles 3 and 4 pages 191–194
- 46 WIPO: Membership and How a State Joins, Articles 5, 14, 15 and 16 pages 195–199
- 47 WIPO: The Organs, Articles 6 to 10, 12 and 13 pages 200–205
- 48 WIPO: Finance, Legal Capacity and Amendment, Articles 11, 17, 18 and 19 pages 206–210
- 49 WIPO Today: The Committees, the Centre and the Limits pages 211–215
- 50 WIPO and the United Nations pages 216–220
- 51 The Twenty-Eight Treaties WIPO Administers pages 221–225
- 52 The Rome Convention 1961: Performers, Producers and Broadcasters pages 226–232
- 53 Rome: The Intergovernmental Committee and the Final Clauses, Articles 23 to 34 pages 233–238
- 54 The Geneva Phonograms Convention 1971 and the Brussels Satellite Convention 1974 pages 239–244
- 55 The WIPO Copyright Treaty 1996, Articles 1 to 14 pages 245–250
- 56 The WIPO Copyright Treaty: Administration and Final Clauses, Articles 15 to 25 pages 251–255
- 57 The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 pages 256–261
- 58 The WPPT: Common Provisions, Administration and Final Clauses, Articles 18 to 33 pages 262–266
- 59 The Beijing Treaty on Audiovisual Performances 2012, Articles 1 to 17 pages 267–272
- 60 The Beijing Treaty: Administration and Final Clauses, Articles 18 to 30 pages 273–277
- 61 The Marrakesh VIP Treaty 2013, Articles 1 to 12 pages 278–283
- 62 The Marrakesh VIP Treaty: Administration and Final Clauses, Articles 13 to 22 pages 284–288
- 63 The Patent Cooperation Treaty 1970: What an International Application Is pages 289–294
- 64 The PCT: International Search and Publication, Articles 15 to 21 pages 295–300
- 65 The PCT: Chapter II and the National Phase, Articles 22 to 42 pages 301–307
- 66 The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 pages 308–314
- 67 The Budapest Treaty 1977: Depositing a Microorganism pages 315–320
- 68 The Madrid Agreement 1891: International Registration of Marks pages 321–327
- 69 The Madrid Protocol 1989, and Why India Joined It pages 328–334
- 70 The Other Madrid Agreement of 1891: False and Deceptive Indications of Source pages 335–340
- 71 The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 pages 341–347
- 72 The Hague Geneva Act: Administration and Final Clauses, Articles 19 to 34 pages 348–354
- 73 The Lisbon Agreement 1958 and the Geneva Act of 2015 pages 355–360
- 74 The Nice Agreement 1957: Classifying Goods and Services pages 361–366
- 75 The Locarno Agreement 1968 and the Strasbourg Agreement 1971 pages 367–372
- 76 The Vienna Agreement 1973: Classifying the Figurative Elements of Marks pages 373–378
- 77 The Nairobi Treaty 1981: The Olympic Symbol pages 379–384
- 78 The Washington Treaty 1989 on Integrated Circuits pages 385–392
- 79 The Trademark Law Treaty 1994 pages 393–399
- 80 The Singapore Treaty 2006, and What It Changed pages 400–406
- 81 The Patent Law Treaty 2000 pages 407–414
- 82 The WIPO GRATK Treaty 2024: Genetic Resources and Traditional Knowledge pages 415–421
- 83 The Riyadh Design Law Treaty 2024 pages 422–428
- 84 The UPOV Convention: 1961, 1978 and 1991 pages 429–436
- 85 UPOV: The Union, Its Organs and the Final Clauses, Articles 22 to 42 pages 437–444
- 86 Bretton Woods 1944 and the Organisation That Was Never Born pages 445–449
- 87 GATT 1947: Its Basic Objectives, and How Far It Succeeded pages 450–455
- 88 The Rounds of Negotiation, Geneva 1947 to Punta del Este 1986 pages 456–460
- 89 The Uruguay Round 1986 to 1994, and Its Socio Legal Implications pages 461–466
- 90 How Intellectual Property Got Into a Trade Agreement pages 467–472
- 91 The Marrakesh Agreement 1994: The World Trade Organization pages 473–478
- 92 The Structure of the WTO, and the Council for TRIPS pages 479–484
- 93 Decision Making, Waivers, Amendment and Withdrawal, Articles IX, X and XV pages 485–490
- 94 Membership and Accession, Articles XI, XII, XIII, XIV and XVI pages 491–496
- 95 The WTO and Global Economic Policy Making pages 497–501
- 96 The Norms for Developing Countries pages 502–507
- 97 The Multilateral Agreements and the Single Undertaking pages 508–512
- 98 WTO Dispute Settlement: The Procedure a TRIPS Complaint Follows pages 513–518
- 99 The Other Mechanisms: Good Offices, Conciliation, Mediation and Arbitration pages 519–523
- 100 UNESCO, the ILO, the FAO and the WHO pages 524–530
- 101 WIPO and the WTO Compared pages 531–536
Module III The TRIPS Agreement 36 chapters
- 102 The TRIPS Agreement: What It Is and Why It Changed Everything pages 537–541
- 103 TRIPS Article 1: The Nature and Scope of Obligations pages 542–545
- 104 TRIPS Article 2: Paris, Berne, Rome and Washington Carried In pages 546–550
- 105 TRIPS Article 3: National Treatment pages 551–555
- 106 TRIPS Articles 4 and 5: Most Favoured Nation Treatment pages 556–559
- 107 TRIPS Articles 6, 7 and 8: Exhaustion, Objectives and Principles pages 560–564
- 108 TRIPS Articles 9 to 14: Copyright and Related Rights pages 565–570
- 109 TRIPS Articles 15 to 21: Trademarks pages 571–575
- 110 TRIPS Articles 22 to 24: Geographical Indications pages 576–581
- 111 TRIPS Articles 25 and 26: Industrial Designs pages 582–586
- 112 TRIPS Article 27: Patentable Subject Matter pages 587–591
- 113 TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions pages 592–596
- 114 TRIPS Article 31: Other Use Without Authorisation pages 597–602
- 115 TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof pages 603–607
- 116 TRIPS Articles 35 to 38: Layout Designs of Integrated Circuits pages 608–612
- 117 TRIPS Article 39: Undisclosed Information pages 613–617
- 118 TRIPS Article 40: Anti-Competitive Practices in Licences pages 618–622
- 119 TRIPS Article 41: The General Obligations on Enforcement pages 623–627
- 120 TRIPS Articles 42 to 49: Civil and Administrative Procedures pages 628–633
- 121 TRIPS Article 50: Provisional Measures pages 634–638
- 122 TRIPS Articles 51 to 60: Border Measures pages 639–644
- 123 TRIPS Article 61: Criminal Procedures pages 645–649
- 124 TRIPS Article 62: Acquisition and Maintenance of Rights pages 650–654
- 125 TRIPS Article 63: Transparency pages 655–659
- 126 TRIPS Article 64: Dispute Settlement and the Non Violation Moratorium pages 660–664
- 127 TRIPS Articles 65 and 66: Transitional Arrangements pages 665–669
- 128 TRIPS Articles 67, 70: Technical Cooperation and Existing Subject Matter pages 670–676
- 129 TRIPS Articles 68, 69, 71, 72 and 73: The Institutions pages 677–681
- 130 The Doha Declaration on TRIPS and Public Health, 2001 pages 682–686
- 131 Article 31bis and the Protocol Amending TRIPS pages 687–692
- 132 TRIPS and the Indian Patents Act 1970 pages 693–697
- 133 Section 3(d) and the Novartis Case pages 698–702
- 134 How India Implemented the Rest of TRIPS pages 703–707
- 135 Plant Variety Protection under TRIPS Article 27.3(b) pages 708–714
- 136 The TRIPS Disputes That Have Been Decided pages 715–719
- 137 TRIPS Plus: Free Trade Agreements and What India Has Refused pages 720–724
Module IV Human Rights and Intellectual Property Rights 20 chapters
- 138 Human Rights and Intellectual Property: Two Systems Built Apart pages 725–729
- 139 Universal Declaration Article 27: Two Halves of One Sentence pages 730–734
- 140 Covenant Article 15 and General Comment No. 17 pages 735–740
- 141 Is Intellectual Property Itself a Human Right? pages 741–745
- 142 The Conflict Approach and the Coexistence Approach pages 746–751
- 143 Public Interest and the Indian Intellectual Property System pages 752–757
- 144 The Interplay of Rights and Public Interest, and How Rights Are Abused pages 758–762
- 145 The Right to Health and Access to Medicines pages 763–767
- 146 Compulsory Licensing in India pages 768–774
- 147 The Right to Education, Cultural Life, and the Limits of Copyright pages 775–779
- 148 The Right to Food and Farmers' Rights pages 780–785
- 149 The Convention on Biological Diversity 1992, Articles 1 to 21 pages 786–792
- 150 The Convention on Biological Diversity: Machinery and Final Clauses, Articles 22 to 42 pages 793–798
- 151 The Nagoya Protocol 2010, Articles 1 to 18 pages 799–805
- 152 Nagoya: Machinery, Final Clauses, and the Biological Diversity Act pages 806–813
- 153 Traditional Knowledge: Why Patent Law Cannot See It pages 814–819
- 154 Biopiracy: Turmeric, Neem, Basmati, and the Digital Library pages 820–825
- 155 Traditional Cultural Expressions and Indigenous Peoples pages 826–831
- 156 The Challenges of Governing Public Interest and Intellectual Property Together pages 832–836
- 157 A Human Rights Framework for Intellectual Property pages 837–842
Every paper that is solved: 8 papers
- 2025-26
- 2024-25
- 2024
- 2023
- 2019
- 2018
- 2016
- 2015
-
Indian Constitutional Law New Challenges
Official Notes munotes.in
Indian Constitutional Law New Challenges
LL.M. · SEMESTER 1
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Foundation Course
Indian Constitutional Law New Challenges
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is free for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- How to Read the Constitution 1
- What Federalism Is 5
- Is India a Federation? 9
- The Union and Its Territory 15
- Making and Remaking States 19
- The Legislative Lists 24
- Pith and Substance 29
- Colourable Legislation and Incidental Encroachment 34
- Repugnancy and the Occupied Field 39
- Residuary Power 44
- When Parliament May Legislate on a State Subject 48
- The Reach of a Legislature 52
- Administrative Relations and Federal Comity 56
- Inter-State Water Disputes 61
- The Inter-State Council and the Commissions 66
- Fiscal Federalism 70
- The Goods and Services Tax and Its Council 76
- Freedom of Trade, Commerce and Intercourse 81
- The Governor 86
- Emergency and the Federal Balance 92
Contents continued
Module I continued
- President's Rule 98
- Article 370 103
- Asymmetric Federalism: Articles 371 to 371-J 108
- Union and State Disputes in Court 113
- Cooperative and Competitive Federalism 117
- Why the Definition of "State" Decides Everything 122
- The Named Authorities 126
- "Other Authorities": The Early Cases 130
- The Instrumentality Test 134
- The Retreat, and What Survived It 139
- Is the Judiciary "State"? 144
- Private Bodies and Public Functions 148
- Liberalisation, Privatisation and the Case for Widening Article 12 152
- Article 13: Laws Inconsistent with Fundamental Rights 157
- Eclipse, Severability and Waiver 162
Module II
- The Equality Code 167
- Equality Before the Law and Equal Protection 171
Contents continued
Module II continued
- Reasonable Classification 175
- Arbitrariness 179
- Articles 15 and 16: The Prohibited Grounds 184
- Reservation in Education 188
- Reservation in Public Employment 192
- The Ceiling on Reservation 196
- The Creamy Layer 200
- Reservation in Promotion 205
- Economically Weaker Sections 209
- The Lists, and the Commissions That Watch Them 213
- Protective Discrimination 218
- Privatisation and Affirmative Action 222
- Saving of Laws: Articles 31A, 31B and 31C 227
- Untouchability and Titles 232
- The Empowerment of Women: The Constitutional Scheme 236
- Special Provision for Women 240
- Women at Work 244
- Sexual Harassment at the Workplace 249
- Women, Religion and Personal Law 254
Contents continued
Module II continued
- Women in Local Government 259
- The 106th Amendment, and Why It Has Not Started 263
- Freedom of Speech, and the Freedom of the Press Inside It 267
- The Grounds of Reasonable Restriction 271
- Prior Restraint and Pre-Censorship 275
- The Press and the Legislature 279
- The Right to Information 283
- Speech Online 287
- Privacy, Surveillance and Data 292
- Hate Speech, Fake News and Broadcasting 296
- New Scientific Development and the Freedom of Speech 301
Module III
- Article 21: From Gopalan to Maneka 305
- Procedure Established by Law 311
- The Expansion of "Life" 316
- Livelihood and Shelter 321
- Health and the Environment 327
- Education Before Article 21A 333
- Article 21A and the Right to Education Act 339
Contents continued
Module III continued
- Privacy 345
- Dignity, Autonomy and the End of Life 350
- Article 20: The Protections of an Accused 356
- Preventive Detention 362
- The Right Against Exploitation 368
- Article 32 and the Writs 374
- Article 226 380
- Limits: Articles 33, 34 and 35 386
- Public Interest Litigation 392
- Compensatory Jurisprudence 398
- Continuing Mandamus and Judicial Guidelines 404
- Hartal and Bandh 410
- The Right to Property 416
- The Directive Principles 422
- The Fundamental Duties 428
- Who Is a Minority? 434
- Article 29: The Right to Conserve 440
- Article 30: To Establish and to Administer 446
- State Control and Regulation 452
Contents continued
Module III continued
- The Eleven-Judge Answer 458
- After the Eleven-Judge Answer 463
- Minority Institutions and the Right to Education Act 469
- Linguistic Minorities 475
- What Secularism Means Here 481
- Articles 25 and 26 487
- Essential Religious Practices 493
- Religious Taxation and Religious Instruction 499
- Secularism as a Basic Feature 505
- Religious Fanaticism 511
- A Uniform Civil Code 517
Module IV
- Separation of Powers: The Doctrine 523
- The Indian Scheme 529
- Delegated Legislation 535
- Judicial Review 541
- Ultra Vires 547
- The Amending Power 553
- The Basic Structure 559
Contents continued
Module IV continued
- The Appointment of Judges 565
- The National Judicial Appointments Commission 571
- Transfer and Removal of Judges 577
- Judicial Independence 583
- Judicial Accountability 589
- Judicial Activism, Restraint and Overreach 595
- Legislative Privilege 601
- Advisory Jurisdiction 607
- Complete Justice: Article 142 613
- The Supreme Court 619
- The High Courts 625
- The Subordinate Judiciary 631
- Tribunals 636
- The Rule of Law 642
- Democracy and Free and Fair Elections 648
- The Election Commission 654
- Articles 325 to 329 660
- The Voter's Right to Know 666
- Electoral Reform and the Criminalisation of Politics 671
Contents continued
Module IV continued
- The Funding of Elections 677
- Defection and the Tenth Schedule 683
- Grass Root Democracy: The Panchayats 689
- Urban Local Government: The Municipalities 695
- The Nexus of Politics, Crime and Business 701
- The New Challenges 707
Page 1 onwards
711 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 711 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2023, 2024, 2025, 2026
Every chapter in the notes: 136 chapters across 4 modules
Module I 35 chapters
- 1 How to Read the Constitution pages 1–4
- 2 What Federalism Is pages 5–8
- 3 Is India a Federation? pages 9–14
- 4 The Union and Its Territory pages 15–18
- 5 Making and Remaking States pages 19–23
- 6 The Legislative Lists pages 24–28
- 7 Pith and Substance pages 29–33
- 8 Colourable Legislation and Incidental Encroachment pages 34–38
- 9 Repugnancy and the Occupied Field pages 39–43
- 10 Residuary Power pages 44–47
- 11 When Parliament May Legislate on a State Subject pages 48–51
- 12 The Reach of a Legislature pages 52–55
- 13 Administrative Relations and Federal Comity pages 56–60
- 14 Inter-State Water Disputes pages 61–65
- 15 The Inter-State Council and the Commissions pages 66–69
- 16 Fiscal Federalism pages 70–75
- 17 The Goods and Services Tax and Its Council pages 76–80
- 18 Freedom of Trade, Commerce and Intercourse pages 81–85
- 19 The Governor pages 86–91
- 20 Emergency and the Federal Balance pages 92–97
- 21 President's Rule pages 98–102
- 22 Article 370 pages 103–107
- 23 Asymmetric Federalism: Articles 371 to 371-J pages 108–112
- 24 Union and State Disputes in Court pages 113–116
- 25 Cooperative and Competitive Federalism pages 117–121
- 26 Why the Definition of "State" Decides Everything pages 122–125
- 27 The Named Authorities pages 126–129
- 28 "Other Authorities": The Early Cases pages 130–133
- 29 The Instrumentality Test pages 134–138
- 30 The Retreat, and What Survived It pages 139–143
- 31 Is the Judiciary "State"? pages 144–147
- 32 Private Bodies and Public Functions pages 148–151
- 33 Liberalisation, Privatisation and the Case for Widening Article 12 pages 152–156
- 34 Article 13: Laws Inconsistent with Fundamental Rights pages 157–161
- 35 Eclipse, Severability and Waiver pages 162–166
Module II 32 chapters
- 36 The Equality Code pages 167–170
- 37 Equality Before the Law and Equal Protection pages 171–174
- 38 Reasonable Classification pages 175–178
- 39 Arbitrariness pages 179–183
- 40 Articles 15 and 16: The Prohibited Grounds pages 184–187
- 41 Reservation in Education pages 188–191
- 42 Reservation in Public Employment pages 192–195
- 43 The Ceiling on Reservation pages 196–199
- 44 The Creamy Layer pages 200–204
- 45 Reservation in Promotion pages 205–208
- 46 Economically Weaker Sections pages 209–212
- 47 The Lists, and the Commissions That Watch Them pages 213–217
- 48 Protective Discrimination pages 218–221
- 49 Privatisation and Affirmative Action pages 222–226
- 50 Saving of Laws: Articles 31A, 31B and 31C pages 227–231
- 51 Untouchability and Titles pages 232–235
- 52 The Empowerment of Women: The Constitutional Scheme pages 236–239
- 53 Special Provision for Women pages 240–243
- 54 Women at Work pages 244–248
- 55 Sexual Harassment at the Workplace pages 249–253
- 56 Women, Religion and Personal Law pages 254–258
- 57 Women in Local Government pages 259–262
- 58 The 106th Amendment, and Why It Has Not Started pages 263–266
- 59 Freedom of Speech, and the Freedom of the Press Inside It pages 267–270
- 60 The Grounds of Reasonable Restriction pages 271–274
- 61 Prior Restraint and Pre-Censorship pages 275–278
- 62 The Press and the Legislature pages 279–282
- 63 The Right to Information pages 283–286
- 64 Speech Online pages 287–291
- 65 Privacy, Surveillance and Data pages 292–295
- 66 Hate Speech, Fake News and Broadcasting pages 296–300
- 67 New Scientific Development and the Freedom of Speech pages 301–304
Module III 37 chapters
- 68 Article 21: From Gopalan to Maneka pages 305–310
- 69 Procedure Established by Law pages 311–315
- 70 The Expansion of "Life" pages 316–320
- 71 Livelihood and Shelter pages 321–326
- 72 Health and the Environment pages 327–332
- 73 Education Before Article 21A pages 333–338
- 74 Article 21A and the Right to Education Act pages 339–344
- 75 Privacy pages 345–349
- 76 Dignity, Autonomy and the End of Life pages 350–355
- 77 Article 20: The Protections of an Accused pages 356–361
- 78 Preventive Detention pages 362–367
- 79 The Right Against Exploitation pages 368–373
- 80 Article 32 and the Writs pages 374–379
- 81 Article 226 pages 380–385
- 82 Limits: Articles 33, 34 and 35 pages 386–391
- 83 Public Interest Litigation pages 392–397
- 84 Compensatory Jurisprudence pages 398–403
- 85 Continuing Mandamus and Judicial Guidelines pages 404–409
- 86 Hartal and Bandh pages 410–415
- 87 The Right to Property pages 416–421
- 88 The Directive Principles pages 422–427
- 89 The Fundamental Duties pages 428–433
- 90 Who Is a Minority? pages 434–439
- 91 Article 29: The Right to Conserve pages 440–445
- 92 Article 30: To Establish and to Administer pages 446–451
- 93 State Control and Regulation pages 452–457
- 94 The Eleven-Judge Answer pages 458–462
- 95 After the Eleven-Judge Answer pages 463–468
- 96 Minority Institutions and the Right to Education Act pages 469–474
- 97 Linguistic Minorities pages 475–480
- 98 What Secularism Means Here pages 481–486
- 99 Articles 25 and 26 pages 487–492
- 100 Essential Religious Practices pages 493–498
- 101 Religious Taxation and Religious Instruction pages 499–504
- 102 Secularism as a Basic Feature pages 505–510
- 103 Religious Fanaticism pages 511–516
- 104 A Uniform Civil Code pages 517–522
Module IV 32 chapters
- 105 Separation of Powers: The Doctrine pages 523–528
- 106 The Indian Scheme pages 529–534
- 107 Delegated Legislation pages 535–540
- 108 Judicial Review pages 541–546
- 109 Ultra Vires pages 547–552
- 110 The Amending Power pages 553–558
- 111 The Basic Structure pages 559–564
- 112 The Appointment of Judges pages 565–570
- 113 The National Judicial Appointments Commission pages 571–576
- 114 Transfer and Removal of Judges pages 577–582
- 115 Judicial Independence pages 583–588
- 116 Judicial Accountability pages 589–594
- 117 Judicial Activism, Restraint and Overreach pages 595–600
- 118 Legislative Privilege pages 601–606
- 119 Advisory Jurisdiction pages 607–612
- 120 Complete Justice: Article 142 pages 613–618
- 121 The Supreme Court pages 619–624
- 122 The High Courts pages 625–630
- 123 The Subordinate Judiciary pages 631–635
- 124 Tribunals pages 636–641
- 125 The Rule of Law pages 642–647
- 126 Democracy and Free and Fair Elections pages 648–653
- 127 The Election Commission pages 654–659
- 128 Articles 325 to 329 pages 660–665
- 129 The Voter's Right to Know pages 666–670
- 130 Electoral Reform and the Criminalisation of Politics pages 671–676
- 131 The Funding of Elections pages 677–682
- 132 Defection and the Tenth Schedule pages 683–688
- 133 Grass Root Democracy: The Panchayats pages 689–694
- 134 Urban Local Government: The Municipalities pages 695–700
- 135 The Nexus of Politics, Crime and Business pages 701–706
- 136 The New Challenges pages 707–711
Every paper that is solved: 17 papers
- 2025-26 - Group I
- 2025-26 - Group II
- 2025-26 - Group III
- 2025-26 - Group IV
- 2025-26 - Group V
- 2025-26 - Group VI
- 2024-25
- 2024 - Group I
- 2024 - Group II
- 2024 - Group III
- 2024 - Group V
- 2023
- 2022
- 2019
- 2018
- 2016
- 2015
-
Law and Social Transformation of India
Official Notes munotes.in
Law and Social Transformation of India
LL.M. · SEMESTER 1
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Foundation Course
Law and Social Transformation of India
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is free for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- Law and Society: How Each Shapes the Other 1
- Law as an Instrument of Social Change 6
- What Law Cannot Do: The Limits of Legislating Change 12
- Law as the Product of Tradition and Culture 17
- Custom as a Source of Law 22
- Roscoe Pound and Social Engineering 26
- Pound's Scheme of Interests 30
- The Criticisms of Social Engineering 34
- Bentham, Marx and Ehrlich: The Other Answers 38
- The Preamble: The Charter of Transformation 43
- The Directive Principles and the Welfare State 47
- Social Security Legislation 53
- The Fundamental Duties 57
- The Judiciary as an Engine of Social Change 61
- Judicial Activism and Public Interest Litigation 66
- Social Justice 70
- Religion and the Law: The Two Questions 74
- Freedom of Religion: Articles 25 to 28 78
- The Essential Religious Practices Doctrine 83
- Secularism 88
Contents continued
Module I continued
- The State and Religion: No State Religion 92
- Religion as a Divisive Factor 95
- No Discrimination on the Ground of Religion 99
- Who Is a Minority 103
- Articles 29 and 30: The Minority's Educational Rights 107
- The National Commission for Minorities 111
- Conversion and the Law 115
- Personal Law: What It Is, and Why India Has Several 119
- The Hindu Code Bills 124
- Muslim Personal Law and Maintenance: Shah Bano to Danial Latifi 128
- Triple Talaq 134
- Christian and Parsi Law, and the Special Marriage Act 139
- The Uniform Civil Code 143
- Religious Freedom against Social Reform 148
- Temple Entry 152
- Places of Worship, and the Character Frozen in 1947 157
Module II
- Language and the Law: Why a Country Legislates about Language 161
Contents continued
Module II continued
- Language as a Divisive Factor 166
- The Official Language of the Union 170
- The Official Languages Act 1963 175
- Many Languages, One Union 180
- Constitutional Guarantees to Linguistic Minorities 184
- The Formation of Linguistic States 189
- The Commissions That Redrew the Map 193
- The Medium of Instruction 198
- Enforcing Language Rights 203
- Regionalism, and India as One Unit 207
- The Language of the Courts and of the Statute Book 211
- Community and the Law: Caste, Tribe and a Plural Society 216
- Caste as a Divisive Factor 221
- Non-discrimination on the Ground of Caste 225
- Untouchability, and the Act That Abolished It 229
- The Atrocities Act 1989 234
- Manual Scavenging and Bonded Labour 240
- Reservation: The Constitutional Scheme 245
- Protective Discrimination 249
Contents continued
Module II continued
- Backward Classes, the Creamy Layer and the Ceiling 253
- Reservation in Promotion, and the Ten Per Cent for the Economically Weaker 258
- Substantive Equality 263
- The Safeguards: Seats, Services and Commissions 267
- Tribal India: The Fifth and Sixth Schedules 272
- Land, Forest and the Gram Sabha's Consent 278
- The Naxalite Movement: Origin and Development 286
- The Causes: Land, Dispossession and the Failure of Law 291
- The Cure: What the State Has Tried 298
- Internal Security, Social Justice and Development 304
- The Human Rights Commissions 311
Module III
- Women and the Law: Where the Constitution Started 317
- Article 15(3): Special Provision for Women 323
- Gender Injustice and Its Forms 328
- Dignity and the Right to Privacy 333
- Empowerment of Women 338
- Women in Public Employment and the Armed Forces 343
Contents continued
Module III continued
- Equal Pay and Maternity Benefit 349
- Sexual Harassment at the Workplace 354
- Crimes against Women 363
- The Criminal Law (Amendment) Act 2013 370
- Dowry 376
- Domestic Violence 383
- Sati 391
- Sex Selection and the Missing Daughters 397
- Reproductive Autonomy 404
- Trafficking and Prostitution 411
- Indecent Representation 419
- The National Commission for Women 425
- Women in the Legislatures 431
- Women's Property Rights 436
- Adultery and Marital Autonomy 443
- Who Counts as a Woman 449
- The Judiciary and Women's Rights: The Record 456
- Children and the Law: The Child as a Rights-Holder 462
- The Constitution and the Child 467
Contents continued
Module III continued
- India and the Convention on the Rights of the Child 472
- Child Abuse 478
- The Sexual Exploitation of Children 484
- POCSO: Objects and Scheme 490
- How Far POCSO Has Worked 499
- Child Labour: Causes and Consequences 505
- The Law against Child Labour 510
- The Courts and the Enforcement against Child Labour 517
- The Right to Education 523
- Juvenile Justice 532
- The Child in Need of Care and Protection 542
- Adoption 552
- Inter-country Adoption 559
- The Child Rights Commissions 565
- Child Marriage 572
Module IV
- Modernisation and the Law 579
- Modernisation as a Value 584
- Modernising Social Institutions Through Law 590
Contents continued
Module IV continued
- Agrarian Reform: Abolishing the Intermediary 595
- Ceilings, Tenancy and Redistribution 601
- The Ninth Schedule and the Property Amendments 606
- Industrialisation and the Law 613
- Industrialisation against Environmental Protection 619
- What the Courts Built out of Article 21 626
- Industrialisation and the Sustainable Development Goals 633
- Urbanisation and the Pavement Dweller 638
- Science, Technology and the Law Behind Them 646
- Democratic Decentralisation and Local Self-Government 652
- The Prison in India 659
- The Committees on Prison Reform 665
- The Prisoner's Rights 671
- Alternative Approaches to Law 679
- Section 89 of the Civil Procedure Code 684
- The Types of Alternative Dispute Mechanism, and What Each Is Good For 689
- Arbitration 694
- Mediation and Conciliation 701
- Lok Adalat 708
Contents continued
Module IV continued
- Legal Aid 716
- Nyaya Panchayats 726
- Gram Nyayalayas 732
- Plea Bargaining 743
- Reform of Court Processes and of the Justice Delivery System 752
- Legal Pluralism, and the Forums the State Did Not Create 761
Page 1 onwards
768 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 768 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2023, 2024, 2025, 2026
Every chapter in the notes: 135 chapters across 4 modules
Module I 36 chapters
- 1 Law and Society: How Each Shapes the Other pages 1–5
- 2 Law as an Instrument of Social Change pages 6–11
- 3 What Law Cannot Do: The Limits of Legislating Change pages 12–16
- 4 Law as the Product of Tradition and Culture pages 17–21
- 5 Custom as a Source of Law pages 22–25
- 6 Roscoe Pound and Social Engineering pages 26–29
- 7 Pound's Scheme of Interests pages 30–33
- 8 The Criticisms of Social Engineering pages 34–37
- 9 Bentham, Marx and Ehrlich: The Other Answers pages 38–42
- 10 The Preamble: The Charter of Transformation pages 43–46
- 11 The Directive Principles and the Welfare State pages 47–52
- 12 Social Security Legislation pages 53–56
- 13 The Fundamental Duties pages 57–60
- 14 The Judiciary as an Engine of Social Change pages 61–65
- 15 Judicial Activism and Public Interest Litigation pages 66–69
- 16 Social Justice pages 70–73
- 17 Religion and the Law: The Two Questions pages 74–77
- 18 Freedom of Religion: Articles 25 to 28 pages 78–82
- 19 The Essential Religious Practices Doctrine pages 83–87
- 20 Secularism pages 88–91
- 21 The State and Religion: No State Religion pages 92–94
- 22 Religion as a Divisive Factor pages 95–98
- 23 No Discrimination on the Ground of Religion pages 99–102
- 24 Who Is a Minority pages 103–106
- 25 Articles 29 and 30: The Minority's Educational Rights pages 107–110
- 26 The National Commission for Minorities pages 111–114
- 27 Conversion and the Law pages 115–118
- 28 Personal Law: What It Is, and Why India Has Several pages 119–123
- 29 The Hindu Code Bills pages 124–127
- 30 Muslim Personal Law and Maintenance: Shah Bano to Danial Latifi pages 128–133
- 31 Triple Talaq pages 134–138
- 32 Christian and Parsi Law, and the Special Marriage Act pages 139–142
- 33 The Uniform Civil Code pages 143–147
- 34 Religious Freedom against Social Reform pages 148–151
- 35 Temple Entry pages 152–156
- 36 Places of Worship, and the Character Frozen in 1947 pages 157–160
Module II 31 chapters
- 37 Language and the Law: Why a Country Legislates about Language pages 161–165
- 38 Language as a Divisive Factor pages 166–169
- 39 The Official Language of the Union pages 170–174
- 40 The Official Languages Act 1963 pages 175–179
- 41 Many Languages, One Union pages 180–183
- 42 Constitutional Guarantees to Linguistic Minorities pages 184–188
- 43 The Formation of Linguistic States pages 189–192
- 44 The Commissions That Redrew the Map pages 193–197
- 45 The Medium of Instruction pages 198–202
- 46 Enforcing Language Rights pages 203–206
- 47 Regionalism, and India as One Unit pages 207–210
- 48 The Language of the Courts and of the Statute Book pages 211–215
- 49 Community and the Law: Caste, Tribe and a Plural Society pages 216–220
- 50 Caste as a Divisive Factor pages 221–224
- 51 Non-discrimination on the Ground of Caste pages 225–228
- 52 Untouchability, and the Act That Abolished It pages 229–233
- 53 The Atrocities Act 1989 pages 234–239
- 54 Manual Scavenging and Bonded Labour pages 240–244
- 55 Reservation: The Constitutional Scheme pages 245–248
- 56 Protective Discrimination pages 249–252
- 57 Backward Classes, the Creamy Layer and the Ceiling pages 253–257
- 58 Reservation in Promotion, and the Ten Per Cent for the Economically Weaker pages 258–262
- 59 Substantive Equality pages 263–266
- 60 The Safeguards: Seats, Services and Commissions pages 267–271
- 61 Tribal India: The Fifth and Sixth Schedules pages 272–277
- 62 Land, Forest and the Gram Sabha's Consent pages 278–285
- 63 The Naxalite Movement: Origin and Development pages 286–290
- 64 The Causes: Land, Dispossession and the Failure of Law pages 291–297
- 65 The Cure: What the State Has Tried pages 298–303
- 66 Internal Security, Social Justice and Development pages 304–310
- 67 The Human Rights Commissions pages 311–316
Module III 40 chapters
- 68 Women and the Law: Where the Constitution Started pages 317–322
- 69 Article 15(3): Special Provision for Women pages 323–327
- 70 Gender Injustice and Its Forms pages 328–332
- 71 Dignity and the Right to Privacy pages 333–337
- 72 Empowerment of Women pages 338–342
- 73 Women in Public Employment and the Armed Forces pages 343–348
- 74 Equal Pay and Maternity Benefit pages 349–353
- 75 Sexual Harassment at the Workplace pages 354–362
- 76 Crimes against Women pages 363–369
- 77 The Criminal Law (Amendment) Act 2013 pages 370–375
- 78 Dowry pages 376–382
- 79 Domestic Violence pages 383–390
- 80 Sati pages 391–396
- 81 Sex Selection and the Missing Daughters pages 397–403
- 82 Reproductive Autonomy pages 404–410
- 83 Trafficking and Prostitution pages 411–418
- 84 Indecent Representation pages 419–424
- 85 The National Commission for Women pages 425–430
- 86 Women in the Legislatures pages 431–435
- 87 Women's Property Rights pages 436–442
- 88 Adultery and Marital Autonomy pages 443–448
- 89 Who Counts as a Woman pages 449–455
- 90 The Judiciary and Women's Rights: The Record pages 456–461
- 91 Children and the Law: The Child as a Rights-Holder pages 462–466
- 92 The Constitution and the Child pages 467–471
- 93 India and the Convention on the Rights of the Child pages 472–477
- 94 Child Abuse pages 478–483
- 95 The Sexual Exploitation of Children pages 484–489
- 96 POCSO: Objects and Scheme pages 490–498
- 97 How Far POCSO Has Worked pages 499–504
- 98 Child Labour: Causes and Consequences pages 505–509
- 99 The Law against Child Labour pages 510–516
- 100 The Courts and the Enforcement against Child Labour pages 517–522
- 101 The Right to Education pages 523–531
- 102 Juvenile Justice pages 532–541
- 103 The Child in Need of Care and Protection pages 542–551
- 104 Adoption pages 552–558
- 105 Inter-country Adoption pages 559–564
- 106 The Child Rights Commissions pages 565–571
- 107 Child Marriage pages 572–578
Module IV 28 chapters
- 108 Modernisation and the Law pages 579–583
- 109 Modernisation as a Value pages 584–589
- 110 Modernising Social Institutions Through Law pages 590–594
- 111 Agrarian Reform: Abolishing the Intermediary pages 595–600
- 112 Ceilings, Tenancy and Redistribution pages 601–605
- 113 The Ninth Schedule and the Property Amendments pages 606–612
- 114 Industrialisation and the Law pages 613–618
- 115 Industrialisation against Environmental Protection pages 619–625
- 116 What the Courts Built out of Article 21 pages 626–632
- 117 Industrialisation and the Sustainable Development Goals pages 633–637
- 118 Urbanisation and the Pavement Dweller pages 638–645
- 119 Science, Technology and the Law Behind Them pages 646–651
- 120 Democratic Decentralisation and Local Self-Government pages 652–658
- 121 The Prison in India pages 659–664
- 122 The Committees on Prison Reform pages 665–670
- 123 The Prisoner's Rights pages 671–678
- 124 Alternative Approaches to Law pages 679–683
- 125 Section 89 of the Civil Procedure Code pages 684–688
- 126 The Types of Alternative Dispute Mechanism, and What Each Is Good For pages 689–693
- 127 Arbitration pages 694–700
- 128 Mediation and Conciliation pages 701–707
- 129 Lok Adalat pages 708–715
- 130 Legal Aid pages 716–725
- 131 Nyaya Panchayats pages 726–731
- 132 Gram Nyayalayas pages 732–742
- 133 Plea Bargaining pages 743–751
- 134 Reform of Court Processes and of the Justice Delivery System pages 752–760
- 135 Legal Pluralism, and the Forums the State Did Not Create pages 761–768
Every paper that is solved: 17 papers
- 2025-26 - Group I
- 2025-26 - Group II
- 2025-26 - Group III
- 2025-26 - Group IV
- 2025-26 - Group V
- 2025-26 - Group VI
- 2024-25
- 2024 - Group I
- 2024 - Group II
- 2024 - Group III
- 2024 - Group V
- 2023
- 2022
- 2019
- 2018
- 2016
- 2015
-
Law of Patents
Official Notes munotes.in
Law of Patents
LL.M. · SEMESTER 1
Strictly as per the University of Mumbai LL.M. syllabus in force, with every section read from the Patent Office consolidation to 01-08-2024
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Group 3 Law of Intellectual Property and Information Technology
Law of Patents
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is free for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- What a Patent Is 1
- Why the Law Grants Patents 5
- The Bargain the Act Strikes 9
- The Scheme of the Patents Act 1970 13
- The Vocabulary of the Act 16
- Patents Among the Intellectual Properties 20
- What an Invention Is 23
- What Are Not Inventions: The First Five Exclusions 27
- Section 3(d): New Forms, New Uses and Efficacy 31
- The Rest of Section 3 36
- Inventions Relating to Atomic Energy 41
- Living Matter and Biotechnology 44
- The Paris Convention 1883 49
- The Patent Cooperation Treaty 53
- The Budapest Treaty 1977 57
- TRIPS and Patents 61
- Doha and Public Health 66
- WIPO and the Treaties That Did Not Happen 70
- Convention Countries and Convention Applications 74
- Patent Law in India Before 1911 78
Contents continued
Module I continued
- The Indian Patents and Designs Act 1911 81
- The Tek Chand and Ayyangar Reports 84
- The Three Amendments: 1999, 2002 and 2005 88
- The Act Since 2005 93
Module II
- Who May Apply for a Patent 98
- The Application and Its Forms 102
- Section 8: The Duty to Disclose Foreign Applications 106
- Publication of the Application 110
- Request for Examination 114
- Examination and the First Examination Report 118
- The Controller's Powers on Examination 122
- Divisional Applications 127
- Dating, Post-dating and Antedating 131
- Grant, Date, Form and Effect 135
- The Conditions Attached to Every Grant 139
- Term, Renewal and Lapse 143
- Restoration of a Lapsed Patent 147
- Secrecy Directions and Defence Inventions 151
Contents continued
Module II continued
- Patents of Addition 156
- Novelty and the State of the Art 160
- Anticipation: What Does Not Destroy Novelty 164
- Inventive Step 169
- Industrial Application and Utility 175
- Discovery and Invention 179
- Product Patents and Process Patents 183
- Why India Granted Only Process Patents 187
- The Mailbox and Exclusive Marketing Rights 191
- Proving Infringement of a Process Patent 195
- What a Specification Is 199
- The Contents of a Complete Specification 203
- The Claims 208
- Sufficiency of Disclosure 212
- Priority Dates 216
- Amending an Application or a Specification 220
- Pre-grant Opposition 224
- Post-grant Opposition 229
- The Grounds of Opposition 233
Contents continued
Module II continued
- Obtaining 237
- Mention of the Inventor 241
Module III
- The Register of Patents 245
- Rectification of the Register 249
- The Patent Office and Its Branches 253
- The Controller and the Officers 256
- The Powers of the Controller 260
- Patent Agents 266
- The Rights of a Patentee 271
- The Limits on Those Rights 275
- The Obligation to Work the Patent 278
- The Patentee's Other Duties 282
- Co-owners of a Patent 287
- When the Patent Was Obtained in Fraud 291
- How a Patent Moves 295
- Writing and Registration 298
- Dealing with a Registered Patent 302
- Voluntary Licences 305
Contents continued
Module III continued
- Exclusive, Sole and Non-exclusive Licences 308
- Compulsory Licences: The Three Grounds 312
- Procedure on a Compulsory Licence Application 318
- Terms and Conditions of a Compulsory Licence 323
- Related Patents 327
- Compulsory Licences on a Government Notification 332
- The Export Compulsory Licence 336
- The Order as a Deed, and Termination 340
- Licences of Right 343
- Revocation for Non-working 347
- What Working Means 351
- Assignment in Practice 355
- Licensing in Practice 360
- Restrictive Conditions That Are Void 364
- Determination of Certain Contracts 369
- Competition Law and Patent Licensing 373
- Traditional Knowledge and the Patent System 377
- Biopiracy: Turmeric, Neem and Basmati 381
- The Traditional Knowledge Digital Library 385
Contents continued
Module III continued
- Bioprospecting and Benefit Sharing 389
- Disclosure of Source and Geographical Origin 394
Module IV
- Government Use of an Invention 398
- Rights of Third Parties in Government Use 403
- Acquisition of a Patent by the Central Government 407
- Disputes About Government Use 411
- Revocation in the Public Interest 415
- Surrender of a Patent 419
- Revocation: The Grounds 422
- Who May Seek Revocation, and Where 427
- What Infringement Is 431
- Suits for Infringement 435
- Defences in an Infringement Suit 439
- Acts That Are Not Infringement 443
- Reliefs in an Infringement Suit 447
- Interim Injunctions in Patent Suits 452
- Restrictions on Damages and the Certificate of Validity 457
- Scientific Advisers 462
Contents continued
Module IV continued
- Declaration as to Non-infringement 465
- Groundless Threats of Infringement Proceedings 469
- Offences Under the Act 473
- Failure to Supply Information, and Unregistered Agents 478
- Adjudication of Penalties 483
- Appeals Under the Act 487
- The Rise and Abolition of the Appellate Board 491
- Where a Patent Matter Goes Now 495
- The Controller in Court 499
- What Ever-greening Means 503
- Section 3(d) and the Novartis Decision 507
- The Other Ever-greening Strategies 512
- The Rules, and the Rest of the Act 518
Page 1 onwards
524 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 524 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2023, 2024, 2025, 2026
Every chapter in the notes: 125 chapters across 4 modules
Module I 24 chapters
- 1 What a Patent Is pages 1–4
- 2 Why the Law Grants Patents pages 5–8
- 3 The Bargain the Act Strikes pages 9–12
- 4 The Scheme of the Patents Act 1970 pages 13–15
- 5 The Vocabulary of the Act pages 16–19
- 6 Patents Among the Intellectual Properties pages 20–22
- 7 What an Invention Is pages 23–26
- 8 What Are Not Inventions: The First Five Exclusions pages 27–30
- 9 Section 3(d): New Forms, New Uses and Efficacy pages 31–35
- 10 The Rest of Section 3 pages 36–40
- 11 Inventions Relating to Atomic Energy pages 41–43
- 12 Living Matter and Biotechnology pages 44–48
- 13 The Paris Convention 1883 pages 49–52
- 14 The Patent Cooperation Treaty pages 53–56
- 15 The Budapest Treaty 1977 pages 57–60
- 16 TRIPS and Patents pages 61–65
- 17 Doha and Public Health pages 66–69
- 18 WIPO and the Treaties That Did Not Happen pages 70–73
- 19 Convention Countries and Convention Applications pages 74–77
- 20 Patent Law in India Before 1911 pages 78–80
- 21 The Indian Patents and Designs Act 1911 pages 81–83
- 22 The Tek Chand and Ayyangar Reports pages 84–87
- 23 The Three Amendments: 1999, 2002 and 2005 pages 88–92
- 24 The Act Since 2005 pages 93–97
Module II 35 chapters
- 25 Who May Apply for a Patent pages 98–101
- 26 The Application and Its Forms pages 102–105
- 27 Section 8: The Duty to Disclose Foreign Applications pages 106–109
- 28 Publication of the Application pages 110–113
- 29 Request for Examination pages 114–117
- 30 Examination and the First Examination Report pages 118–121
- 31 The Controller's Powers on Examination pages 122–126
- 32 Divisional Applications pages 127–130
- 33 Dating, Post-dating and Antedating pages 131–134
- 34 Grant, Date, Form and Effect pages 135–138
- 35 The Conditions Attached to Every Grant pages 139–142
- 36 Term, Renewal and Lapse pages 143–146
- 37 Restoration of a Lapsed Patent pages 147–150
- 38 Secrecy Directions and Defence Inventions pages 151–155
- 39 Patents of Addition pages 156–159
- 40 Novelty and the State of the Art pages 160–163
- 41 Anticipation: What Does Not Destroy Novelty pages 164–168
- 42 Inventive Step pages 169–174
- 43 Industrial Application and Utility pages 175–178
- 44 Discovery and Invention pages 179–182
- 45 Product Patents and Process Patents pages 183–186
- 46 Why India Granted Only Process Patents pages 187–190
- 47 The Mailbox and Exclusive Marketing Rights pages 191–194
- 48 Proving Infringement of a Process Patent pages 195–198
- 49 What a Specification Is pages 199–202
- 50 The Contents of a Complete Specification pages 203–207
- 51 The Claims pages 208–211
- 52 Sufficiency of Disclosure pages 212–215
- 53 Priority Dates pages 216–219
- 54 Amending an Application or a Specification pages 220–223
- 55 Pre-grant Opposition pages 224–228
- 56 Post-grant Opposition pages 229–232
- 57 The Grounds of Opposition pages 233–236
- 58 Obtaining pages 237–240
- 59 Mention of the Inventor pages 241–244
Module III 37 chapters
- 60 The Register of Patents pages 245–248
- 61 Rectification of the Register pages 249–252
- 62 The Patent Office and Its Branches pages 253–255
- 63 The Controller and the Officers pages 256–259
- 64 The Powers of the Controller pages 260–265
- 65 Patent Agents pages 266–270
- 66 The Rights of a Patentee pages 271–274
- 67 The Limits on Those Rights pages 275–277
- 68 The Obligation to Work the Patent pages 278–281
- 69 The Patentee's Other Duties pages 282–286
- 70 Co-owners of a Patent pages 287–290
- 71 When the Patent Was Obtained in Fraud pages 291–294
- 72 How a Patent Moves pages 295–297
- 73 Writing and Registration pages 298–301
- 74 Dealing with a Registered Patent pages 302–304
- 75 Voluntary Licences pages 305–307
- 76 Exclusive, Sole and Non-exclusive Licences pages 308–311
- 77 Compulsory Licences: The Three Grounds pages 312–317
- 78 Procedure on a Compulsory Licence Application pages 318–322
- 79 Terms and Conditions of a Compulsory Licence pages 323–326
- 80 Related Patents pages 327–331
- 81 Compulsory Licences on a Government Notification pages 332–335
- 82 The Export Compulsory Licence pages 336–339
- 83 The Order as a Deed, and Termination pages 340–342
- 84 Licences of Right pages 343–346
- 85 Revocation for Non-working pages 347–350
- 86 What Working Means pages 351–354
- 87 Assignment in Practice pages 355–359
- 88 Licensing in Practice pages 360–363
- 89 Restrictive Conditions That Are Void pages 364–368
- 90 Determination of Certain Contracts pages 369–372
- 91 Competition Law and Patent Licensing pages 373–376
- 92 Traditional Knowledge and the Patent System pages 377–380
- 93 Biopiracy: Turmeric, Neem and Basmati pages 381–384
- 94 The Traditional Knowledge Digital Library pages 385–388
- 95 Bioprospecting and Benefit Sharing pages 389–393
- 96 Disclosure of Source and Geographical Origin pages 394–397
Module IV 29 chapters
- 97 Government Use of an Invention pages 398–402
- 98 Rights of Third Parties in Government Use pages 403–406
- 99 Acquisition of a Patent by the Central Government pages 407–410
- 100 Disputes About Government Use pages 411–414
- 101 Revocation in the Public Interest pages 415–418
- 102 Surrender of a Patent pages 419–421
- 103 Revocation: The Grounds pages 422–426
- 104 Who May Seek Revocation, and Where pages 427–430
- 105 What Infringement Is pages 431–434
- 106 Suits for Infringement pages 435–438
- 107 Defences in an Infringement Suit pages 439–442
- 108 Acts That Are Not Infringement pages 443–446
- 109 Reliefs in an Infringement Suit pages 447–451
- 110 Interim Injunctions in Patent Suits pages 452–456
- 111 Restrictions on Damages and the Certificate of Validity pages 457–461
- 112 Scientific Advisers pages 462–464
- 113 Declaration as to Non-infringement pages 465–468
- 114 Groundless Threats of Infringement Proceedings pages 469–472
- 115 Offences Under the Act pages 473–477
- 116 Failure to Supply Information, and Unregistered Agents pages 478–482
- 117 Adjudication of Penalties pages 483–486
- 118 Appeals Under the Act pages 487–490
- 119 The Rise and Abolition of the Appellate Board pages 491–494
- 120 Where a Patent Matter Goes Now pages 495–498
- 121 The Controller in Court pages 499–502
- 122 What Ever-greening Means pages 503–506
- 123 Section 3(d) and the Novartis Decision pages 507–511
- 124 The Other Ever-greening Strategies pages 512–517
- 125 The Rules, and the Rest of the Act pages 518–524
Every paper that is solved: 8 papers
- 2025-26
- 2024-25
- 2024
- 2023
- 2019
- 2018
- 2016
- 2015
Questions
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