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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 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 4 123
- Paris: Independence of Patents, Working and Compulsory Licences, Articles 4bis, 5 and 6 128
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 9 133
- Paris: False Indications and Unfair Competition, Articles 10 to 12 139
- Paris: How the Union Is Administered, Articles 13 to 18 144
- The Berne Convention 1886: The Union and Its Acts 149
- Berne: Protected Works and the Points of Attachment, Articles 2 to 5 154
- Berne: Moral Rights and the Term of Protection, Articles 6bis and 7 159
- Berne: The Economic Rights, Articles 8 to 14ter 164
- Berne: Redress, Seizure, Retroactivity and Special Agreements, Articles 15 to 20 170
- Berne: The Appendix for Developing Countries, Article 21 and Articles I to VI 175
- Berne: How the Union Is Administered, Articles 22 to 26 180
- BIRPI and the Road to Stockholm 185
- The Convention Establishing WIPO, 1967 190
- WIPO: Aims and Functions, Articles 3 and 4 194
- WIPO: Membership and How a State Joins, Articles 5, 14, 15 and 16 198
- WIPO: The Organs, Articles 6 to 10, 12 and 13 203
Contents continued
Module II continued International Organisations and the Treaties They Administer
- WIPO: Finance, Legal Capacity and Amendment, Articles 11, 17, 18 and 19 209
- WIPO Today: The Committees, the Centre and the Limits 214
- WIPO and the United Nations 219
- The Twenty-Eight Treaties WIPO Administers 224
- The Rome Convention 1961: Performers, Producers and Broadcasters 229
- Rome: The Intergovernmental Committee and the Final Clauses, Articles 23 to 34 236
- The Geneva Phonograms Convention 1971 and the Brussels Satellite Convention 1974 242
- The WIPO Copyright Treaty 1996, Articles 1 to 14 248
- The WIPO Copyright Treaty: Administration and Final Clauses, Articles 15 to 25 254
- The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 259
- The WPPT: Common Provisions, Administration and Final Clauses, Articles 18 to 33 265
- The Beijing Treaty on Audiovisual Performances 2012, Articles 1 to 17 270
- The Beijing Treaty: Administration and Final Clauses, Articles 18 to 30 276
- The Marrakesh VIP Treaty 2013, Articles 1 to 12 281
- The Marrakesh VIP Treaty: Administration and Final Clauses, Articles 13 to 22 287
Contents continued
Module II continued International Organisations and the Treaties They Administer
- The Patent Cooperation Treaty 1970: What an International Application Is 292
- The PCT: International Search and Publication, Articles 15 to 21 298
- The PCT: Chapter II and the National Phase, Articles 22 to 42 304
- The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 311
- The Budapest Treaty 1977: Depositing a Microorganism 318
- The Madrid Agreement 1891: International Registration of Marks 325
- The Madrid Protocol 1989, and Why India Joined It 332
- The Other Madrid Agreement of 1891: False and Deceptive Indications of Source 339
- The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 345
- The Hague Geneva Act: Administration and Final Clauses, Articles 19 to 34 352
- The Lisbon Agreement 1958 and the Geneva Act of 2015 359
- The Nice Agreement 1957: Classifying Goods and Services 365
- The Locarno Agreement 1968 and the Strasbourg Agreement 1971 371
- The Vienna Agreement 1973: Classifying the Figurative Elements of Marks 377
- The Nairobi Treaty 1981: The Olympic Symbol 383
Contents continued
Module II continued International Organisations and the Treaties They Administer
- The Washington Treaty 1989 on Integrated Circuits 389
- The Trademark Law Treaty 1994 397
- The Singapore Treaty 2006, and What It Changed 404
- The Patent Law Treaty 2000 412
- The WIPO GRATK Treaty 2024: Genetic Resources and Traditional Knowledge 420
- The Riyadh Design Law Treaty 2024 427
- The UPOV Convention: 1961, 1978 and 1991 434
- UPOV: The Union, Its Organs and the Final Clauses, Articles 22 to 42 442
- Bretton Woods 1944 and the Organisation That Was Never Born 450
- GATT 1947: Its Basic Objectives, and How Far It Succeeded 455
- The Rounds of Negotiation, Geneva 1947 to Punta del Este 1986 461
- The Uruguay Round 1986 to 1994, and Its Socio Legal Implications 466
- How Intellectual Property Got Into a Trade Agreement 472
- The Marrakesh Agreement 1994: The World Trade Organization 478
- The Structure of the WTO, and the Council for TRIPS 484
- Decision Making, Waivers, Amendment and Withdrawal, Articles IX, X and XV 490
Contents continued
Module II continued International Organisations and the Treaties They Administer
- Membership and Accession, Articles XI, XII, XIII, XIV and XVI 496
- The WTO and Global Economic Policy Making 502
- The Norms for Developing Countries 507
- The Multilateral Agreements and the Single Undertaking 513
- WTO Dispute Settlement: The Procedure a TRIPS Complaint Follows 518
- The Other Mechanisms: Good Offices, Conciliation, Mediation and Arbitration 524
- UNESCO, the ILO, the FAO and the WHO 529
- WIPO and the WTO Compared 536
Module III The TRIPS Agreement
- The TRIPS Agreement: What It Is and Why It Changed Everything 542
- TRIPS Article 1: The Nature and Scope of Obligations 547
- TRIPS Article 2: Paris, Berne, Rome and Washington Carried In 551
- TRIPS Article 3: National Treatment 556
- TRIPS Articles 4 and 5: Most Favoured Nation Treatment 561
- TRIPS Articles 6, 7 and 8: Exhaustion, Objectives and Principles 565
- TRIPS Articles 9 to 14: Copyright and Related Rights 570
Contents continued
Module III continued The TRIPS Agreement
- TRIPS Articles 15 to 21: Trademarks 576
- TRIPS Articles 22 to 24: Geographical Indications 581
- TRIPS Articles 25 and 26: Industrial Designs 587
- TRIPS Article 27: Patentable Subject Matter 592
- TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions 597
- TRIPS Article 31: Other Use Without Authorisation 602
- TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof 608
- TRIPS Articles 35 to 38: Layout Designs of Integrated Circuits 613
- TRIPS Article 39: Undisclosed Information 618
- TRIPS Article 40: Anti-Competitive Practices in Licences 623
- TRIPS Article 41: The General Obligations on Enforcement 628
- TRIPS Articles 42 to 49: Civil and Administrative Procedures 633
- TRIPS Article 50: Provisional Measures 639
- TRIPS Articles 51 to 60: Border Measures 644
- TRIPS Article 61: Criminal Procedures 650
- TRIPS Article 62: Acquisition and Maintenance of Rights 655
- TRIPS Article 63: Transparency 660
Contents continued
Module III continued The TRIPS Agreement
- TRIPS Article 64: Dispute Settlement and the Non Violation Moratorium 665
- TRIPS Articles 65 and 66: Transitional Arrangements 670
- TRIPS Articles 67, 70: Technical Cooperation and Existing Subject Matter 675
- TRIPS Articles 68, 69, 71, 72 and 73: The Institutions 682
- The Doha Declaration on TRIPS and Public Health, 2001 687
- Article 31bis and the Protocol Amending TRIPS 692
- TRIPS and the Indian Patents Act 1970 698
- Section 3(d) and the Novartis Case 703
- How India Implemented the Rest of TRIPS 708
- Plant Variety Protection under TRIPS Article 27.3(b) 713
- The TRIPS Disputes That Have Been Decided 720
- TRIPS Plus: Free Trade Agreements and What India Has Refused 725
Module IV Human Rights and Intellectual Property Rights
- Human Rights and Intellectual Property: Two Systems Built Apart 730
- Universal Declaration Article 27: Two Halves of One Sentence 735
- Covenant Article 15 and General Comment No. 17 740
- Is Intellectual Property Itself a Human Right? 746
Contents continued
Module IV continued Human Rights and Intellectual Property Rights
- The Conflict Approach and the Coexistence Approach 751
- Public Interest and the Indian Intellectual Property System 757
- The Interplay of Rights and Public Interest, and How Rights Are Abused 763
- The Right to Health and Access to Medicines 769
- Compulsory Licensing in India 774
- The Right to Education, Cultural Life, and the Limits of Copyright 781
- The Right to Food and Farmers' Rights 786
- The Convention on Biological Diversity 1992, Articles 1 to 21 792
- The Convention on Biological Diversity: Machinery and Final Clauses, Articles 22 to 42 799
- The Nagoya Protocol 2010, Articles 1 to 18 805
- Nagoya: Machinery, Final Clauses, and the Biological Diversity Act 812
- Traditional Knowledge: Why Patent Law Cannot See It 820
- Biopiracy: Turmeric, Neem, Basmati, and the Digital Library 826
- Traditional Cultural Expressions and Indigenous Peoples 832
- The Challenges of Governing Public Interest and Intellectual Property Together 838
- A Human Rights Framework for Intellectual Property 844
Page 1 onwards
849 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. 849 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 to 4
- 2 Intangible and Incorporeal Property pages 5 to 8
- 3 The Concept and the Nature of Intellectual Property pages 9 to 12
- 4 The Kinds of Intellectual Property pages 13 to 16
- 5 Patents pages 17 to 20
- 6 Copyright and Related Rights pages 21 to 24
- 7 Trade Marks, Service Marks, Collective and Certification Marks pages 25 to 28
- 8 Industrial Designs, Geographical Indications, Layout Designs, Plant Varieties and Undisclosed Information pages 29 to 33
- 9 Why the Law Protects Intellectual Creations pages 34 to 37
- 10 The Need, the Growth and the Objectives of Intellectual Property Rights pages 38 to 41
- 11 The Functions of an Intellectual Property System, and the Case Against It pages 42 to 45
- 12 Intellectual Property as an Asset and a Driver of Development pages 46 to 49
- 13 A Short History: Venice 1474 to the Statute of Anne pages 50 to 53
- 14 The International Character of Intellectual Property Rights pages 54 to 57
- 15 Territoriality and the Independence of Rights pages 58 to 61
- 16 Acquiring an Intellectual Property Right pages 62 to 65
- 17 Maintaining an Intellectual Property Right pages 66 to 69
- 18 Commercial Exploitation: Assignment and Transmission pages 70 to 73
- 19 Commercial Exploitation: Licensing pages 74 to 77
- 20 Commercial Exploitation: Franchising, Merchandising, Technology Transfer and Pools pages 78 to 81
- 21 Intellectual Property as Security, and How an Intangible Is Valued pages 82 to 85
- 22 Abuse of Intellectual Property Rights pages 86 to 89
- 23 Anti-Competitive Practices in Intellectual Property Licensing pages 90 to 93
- 24 Unfair Trade Practices Touching Intellectual Property in India pages 94 to 97
- 25 The Challenges of the Current Era pages 98 to 101
- 26 The Indian Intellectual Property System pages 102 to 105
Module II International Organisations and the Treaties They Administer 75 chapters
- 27 International Organisations and Agreements: What This Module Is pages 106 to 109
- 28 Why an International System Became Necessary: Vienna, 1873 pages 110 to 113
- 29 The Paris Convention 1883: The Union It Creates pages 114 to 117
- 30 Paris: National Treatment, Articles 2 and 3 pages 118 to 122
- 31 Paris: The Right of Priority, Article 4 pages 123 to 127
- 32 Paris: Independence of Patents, Working and Compulsory Licences, Articles 4bis, 5 and 6 pages 128 to 132
- 33 Paris: Well Known Marks, State Emblems and the Special Marks, Articles 6bis to 9 pages 133 to 138
- 34 Paris: False Indications and Unfair Competition, Articles 10 to 12 pages 139 to 143
- 35 Paris: How the Union Is Administered, Articles 13 to 18 pages 144 to 148
- 36 The Berne Convention 1886: The Union and Its Acts pages 149 to 153
- 37 Berne: Protected Works and the Points of Attachment, Articles 2 to 5 pages 154 to 158
- 38 Berne: Moral Rights and the Term of Protection, Articles 6bis and 7 pages 159 to 163
- 39 Berne: The Economic Rights, Articles 8 to 14ter pages 164 to 169
- 40 Berne: Redress, Seizure, Retroactivity and Special Agreements, Articles 15 to 20 pages 170 to 174
- 41 Berne: The Appendix for Developing Countries, Article 21 and Articles I to VI pages 175 to 179
- 42 Berne: How the Union Is Administered, Articles 22 to 26 pages 180 to 184
- 43 BIRPI and the Road to Stockholm pages 185 to 189
- 44 The Convention Establishing WIPO, 1967 pages 190 to 193
- 45 WIPO: Aims and Functions, Articles 3 and 4 pages 194 to 197
- 46 WIPO: Membership and How a State Joins, Articles 5, 14, 15 and 16 pages 198 to 202
- 47 WIPO: The Organs, Articles 6 to 10, 12 and 13 pages 203 to 208
- 48 WIPO: Finance, Legal Capacity and Amendment, Articles 11, 17, 18 and 19 pages 209 to 213
- 49 WIPO Today: The Committees, the Centre and the Limits pages 214 to 218
- 50 WIPO and the United Nations pages 219 to 223
- 51 The Twenty-Eight Treaties WIPO Administers pages 224 to 228
- 52 The Rome Convention 1961: Performers, Producers and Broadcasters pages 229 to 235
- 53 Rome: The Intergovernmental Committee and the Final Clauses, Articles 23 to 34 pages 236 to 241
- 54 The Geneva Phonograms Convention 1971 and the Brussels Satellite Convention 1974 pages 242 to 247
- 55 The WIPO Copyright Treaty 1996, Articles 1 to 14 pages 248 to 253
- 56 The WIPO Copyright Treaty: Administration and Final Clauses, Articles 15 to 25 pages 254 to 258
- 57 The WIPO Performances and Phonograms Treaty 1996: Performers and Producers, Articles 1 to 17 pages 259 to 264
- 58 The WPPT: Common Provisions, Administration and Final Clauses, Articles 18 to 33 pages 265 to 269
- 59 The Beijing Treaty on Audiovisual Performances 2012, Articles 1 to 17 pages 270 to 275
- 60 The Beijing Treaty: Administration and Final Clauses, Articles 18 to 30 pages 276 to 280
- 61 The Marrakesh VIP Treaty 2013, Articles 1 to 12 pages 281 to 286
- 62 The Marrakesh VIP Treaty: Administration and Final Clauses, Articles 13 to 22 pages 287 to 291
- 63 The Patent Cooperation Treaty 1970: What an International Application Is pages 292 to 297
- 64 The PCT: International Search and Publication, Articles 15 to 21 pages 298 to 303
- 65 The PCT: Chapter II and the National Phase, Articles 22 to 42 pages 304 to 310
- 66 The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 pages 311 to 317
- 67 The Budapest Treaty 1977: Depositing a Microorganism pages 318 to 324
- 68 The Madrid Agreement 1891: International Registration of Marks pages 325 to 331
- 69 The Madrid Protocol 1989, and Why India Joined It pages 332 to 338
- 70 The Other Madrid Agreement of 1891: False and Deceptive Indications of Source pages 339 to 344
- 71 The Hague Agreement and the Geneva Act 1999, Articles 1 to 18 pages 345 to 351
- 72 The Hague Geneva Act: Administration and Final Clauses, Articles 19 to 34 pages 352 to 358
- 73 The Lisbon Agreement 1958 and the Geneva Act of 2015 pages 359 to 364
- 74 The Nice Agreement 1957: Classifying Goods and Services pages 365 to 370
- 75 The Locarno Agreement 1968 and the Strasbourg Agreement 1971 pages 371 to 376
- 76 The Vienna Agreement 1973: Classifying the Figurative Elements of Marks pages 377 to 382
- 77 The Nairobi Treaty 1981: The Olympic Symbol pages 383 to 388
- 78 The Washington Treaty 1989 on Integrated Circuits pages 389 to 396
- 79 The Trademark Law Treaty 1994 pages 397 to 403
- 80 The Singapore Treaty 2006, and What It Changed pages 404 to 411
- 81 The Patent Law Treaty 2000 pages 412 to 419
- 82 The WIPO GRATK Treaty 2024: Genetic Resources and Traditional Knowledge pages 420 to 426
- 83 The Riyadh Design Law Treaty 2024 pages 427 to 433
- 84 The UPOV Convention: 1961, 1978 and 1991 pages 434 to 441
- 85 UPOV: The Union, Its Organs and the Final Clauses, Articles 22 to 42 pages 442 to 449
- 86 Bretton Woods 1944 and the Organisation That Was Never Born pages 450 to 454
- 87 GATT 1947: Its Basic Objectives, and How Far It Succeeded pages 455 to 460
- 88 The Rounds of Negotiation, Geneva 1947 to Punta del Este 1986 pages 461 to 465
- 89 The Uruguay Round 1986 to 1994, and Its Socio Legal Implications pages 466 to 471
- 90 How Intellectual Property Got Into a Trade Agreement pages 472 to 477
- 91 The Marrakesh Agreement 1994: The World Trade Organization pages 478 to 483
- 92 The Structure of the WTO, and the Council for TRIPS pages 484 to 489
- 93 Decision Making, Waivers, Amendment and Withdrawal, Articles IX, X and XV pages 490 to 495
- 94 Membership and Accession, Articles XI, XII, XIII, XIV and XVI pages 496 to 501
- 95 The WTO and Global Economic Policy Making pages 502 to 506
- 96 The Norms for Developing Countries pages 507 to 512
- 97 The Multilateral Agreements and the Single Undertaking pages 513 to 517
- 98 WTO Dispute Settlement: The Procedure a TRIPS Complaint Follows pages 518 to 523
- 99 The Other Mechanisms: Good Offices, Conciliation, Mediation and Arbitration pages 524 to 528
- 100 UNESCO, the ILO, the FAO and the WHO pages 529 to 535
- 101 WIPO and the WTO Compared pages 536 to 541
Module III The TRIPS Agreement 36 chapters
- 102 The TRIPS Agreement: What It Is and Why It Changed Everything pages 542 to 546
- 103 TRIPS Article 1: The Nature and Scope of Obligations pages 547 to 550
- 104 TRIPS Article 2: Paris, Berne, Rome and Washington Carried In pages 551 to 555
- 105 TRIPS Article 3: National Treatment pages 556 to 560
- 106 TRIPS Articles 4 and 5: Most Favoured Nation Treatment pages 561 to 564
- 107 TRIPS Articles 6, 7 and 8: Exhaustion, Objectives and Principles pages 565 to 569
- 108 TRIPS Articles 9 to 14: Copyright and Related Rights pages 570 to 575
- 109 TRIPS Articles 15 to 21: Trademarks pages 576 to 580
- 110 TRIPS Articles 22 to 24: Geographical Indications pages 581 to 586
- 111 TRIPS Articles 25 and 26: Industrial Designs pages 587 to 591
- 112 TRIPS Article 27: Patentable Subject Matter pages 592 to 596
- 113 TRIPS Articles 28, 29 and 30: Rights, Disclosure and Exceptions pages 597 to 601
- 114 TRIPS Article 31: Other Use Without Authorisation pages 602 to 607
- 115 TRIPS Articles 32, 33 and 34: Revocation, Term and Burden of Proof pages 608 to 612
- 116 TRIPS Articles 35 to 38: Layout Designs of Integrated Circuits pages 613 to 617
- 117 TRIPS Article 39: Undisclosed Information pages 618 to 622
- 118 TRIPS Article 40: Anti-Competitive Practices in Licences pages 623 to 627
- 119 TRIPS Article 41: The General Obligations on Enforcement pages 628 to 632
- 120 TRIPS Articles 42 to 49: Civil and Administrative Procedures pages 633 to 638
- 121 TRIPS Article 50: Provisional Measures pages 639 to 643
- 122 TRIPS Articles 51 to 60: Border Measures pages 644 to 649
- 123 TRIPS Article 61: Criminal Procedures pages 650 to 654
- 124 TRIPS Article 62: Acquisition and Maintenance of Rights pages 655 to 659
- 125 TRIPS Article 63: Transparency pages 660 to 664
- 126 TRIPS Article 64: Dispute Settlement and the Non Violation Moratorium pages 665 to 669
- 127 TRIPS Articles 65 and 66: Transitional Arrangements pages 670 to 674
- 128 TRIPS Articles 67, 70: Technical Cooperation and Existing Subject Matter pages 675 to 681
- 129 TRIPS Articles 68, 69, 71, 72 and 73: The Institutions pages 682 to 686
- 130 The Doha Declaration on TRIPS and Public Health, 2001 pages 687 to 691
- 131 Article 31bis and the Protocol Amending TRIPS pages 692 to 697
- 132 TRIPS and the Indian Patents Act 1970 pages 698 to 702
- 133 Section 3(d) and the Novartis Case pages 703 to 707
- 134 How India Implemented the Rest of TRIPS pages 708 to 712
- 135 Plant Variety Protection under TRIPS Article 27.3(b) pages 713 to 719
- 136 The TRIPS Disputes That Have Been Decided pages 720 to 724
- 137 TRIPS Plus: Free Trade Agreements and What India Has Refused pages 725 to 729
Module IV Human Rights and Intellectual Property Rights 20 chapters
- 138 Human Rights and Intellectual Property: Two Systems Built Apart pages 730 to 734
- 139 Universal Declaration Article 27: Two Halves of One Sentence pages 735 to 739
- 140 Covenant Article 15 and General Comment No. 17 pages 740 to 745
- 141 Is Intellectual Property Itself a Human Right? pages 746 to 750
- 142 The Conflict Approach and the Coexistence Approach pages 751 to 756
- 143 Public Interest and the Indian Intellectual Property System pages 757 to 762
- 144 The Interplay of Rights and Public Interest, and How Rights Are Abused pages 763 to 768
- 145 The Right to Health and Access to Medicines pages 769 to 773
- 146 Compulsory Licensing in India pages 774 to 780
- 147 The Right to Education, Cultural Life, and the Limits of Copyright pages 781 to 785
- 148 The Right to Food and Farmers' Rights pages 786 to 791
- 149 The Convention on Biological Diversity 1992, Articles 1 to 21 pages 792 to 798
- 150 The Convention on Biological Diversity: Machinery and Final Clauses, Articles 22 to 42 pages 799 to 804
- 151 The Nagoya Protocol 2010, Articles 1 to 18 pages 805 to 811
- 152 Nagoya: Machinery, Final Clauses, and the Biological Diversity Act pages 812 to 819
- 153 Traditional Knowledge: Why Patent Law Cannot See It pages 820 to 825
- 154 Biopiracy: Turmeric, Neem, Basmati, and the Digital Library pages 826 to 831
- 155 Traditional Cultural Expressions and Indigenous Peoples pages 832 to 837
- 156 The Challenges of Governing Public Interest and Intellectual Property Together pages 838 to 843
- 157 A Human Rights Framework for Intellectual Property pages 844 to 849
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 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 6
- Is India a Federation? 10
- The Union and Its Territory 16
- Making and Remaking States 20
- The Legislative Lists 25
- Pith and Substance 30
- Colourable Legislation and Incidental Encroachment 35
- Repugnancy and the Occupied Field 40
- Residuary Power 45
- When Parliament May Legislate on a State Subject 49
- The Reach of a Legislature 54
- Administrative Relations and Federal Comity 58
- Inter-State Water Disputes 63
- The Inter-State Council and the Commissions 68
- Fiscal Federalism 72
- The Goods and Services Tax and Its Council 78
- Freedom of Trade, Commerce and Intercourse 83
- The Governor 88
- Emergency and the Federal Balance 94
Contents continued
Module I continued
- President's Rule 100
- Article 370 105
- Asymmetric Federalism: Articles 371 to 371-J 110
- Union and State Disputes in Court 115
- Cooperative and Competitive Federalism 119
- Why the Definition of "State" Decides Everything 124
- The Named Authorities 128
- "Other Authorities": The Early Cases 132
- The Instrumentality Test 136
- The Retreat, and What Survived It 141
- Is the Judiciary "State"? 146
- Private Bodies and Public Functions 150
- Liberalisation, Privatisation and the Case for Widening Article 12 154
- Article 13: Laws Inconsistent with Fundamental Rights 159
- Eclipse, Severability and Waiver 164
Module II
- The Equality Code 170
- Equality Before the Law and Equal Protection 174
Contents continued
Module II continued
- Reasonable Classification 178
- Arbitrariness 183
- Articles 15 and 16: The Prohibited Grounds 188
- Reservation in Education 192
- Reservation in Public Employment 196
- The Ceiling on Reservation 200
- The Creamy Layer 204
- Reservation in Promotion 209
- Economically Weaker Sections 213
- The Lists, and the Commissions That Watch Them 217
- Protective Discrimination 222
- Privatisation and Affirmative Action 226
- Saving of Laws: Articles 31A, 31B and 31C 231
- Untouchability and Titles 236
- The Empowerment of Women: The Constitutional Scheme 240
- Special Provision for Women 244
- Women at Work 248
- Sexual Harassment at the Workplace 253
- Women, Religion and Personal Law 258
Contents continued
Module II continued
- Women in Local Government 263
- The 106th Amendment, and Why It Has Not Started 267
- Freedom of Speech, and the Freedom of the Press Inside It 271
- The Grounds of Reasonable Restriction 275
- Prior Restraint and Pre-Censorship 279
- The Press and the Legislature 283
- The Right to Information 287
- Speech Online 291
- Privacy, Surveillance and Data 296
- Hate Speech, Fake News and Broadcasting 300
- New Scientific Development and the Freedom of Speech 305
Module III
- Article 21: From Gopalan to Maneka 309
- Procedure Established by Law 315
- The Expansion of "Life" 320
- Livelihood and Shelter 325
- Health and the Environment 331
- Education Before Article 21A 337
- Article 21A and the Right to Education Act 343
Contents continued
Module III continued
- Privacy 349
- Dignity, Autonomy and the End of Life 354
- Article 20: The Protections of an Accused 360
- Preventive Detention 366
- The Right Against Exploitation 372
- Article 32 and the Writs 378
- Article 226 384
- Limits: Articles 33, 34 and 35 390
- Public Interest Litigation 396
- Compensatory Jurisprudence 402
- Continuing Mandamus and Judicial Guidelines 408
- Hartal and Bandh 414
- The Right to Property 420
- The Directive Principles 426
- The Fundamental Duties 432
- Who Is a Minority? 438
- Article 29: The Right to Conserve 444
- Article 30: To Establish and to Administer 450
- State Control and Regulation 456
Contents continued
Module III continued
- The Eleven-Judge Answer 462
- After the Eleven-Judge Answer 467
- Minority Institutions and the Right to Education Act 473
- Linguistic Minorities 479
- What Secularism Means Here 485
- Articles 25 and 26 491
- Essential Religious Practices 497
- Religious Taxation and Religious Instruction 503
- Secularism as a Basic Feature 509
- Religious Fanaticism 515
- A Uniform Civil Code 521
Module IV
- Separation of Powers: The Doctrine 527
- The Indian Scheme 533
- Delegated Legislation 539
- Judicial Review 545
- Ultra Vires 551
- The Amending Power 557
- The Basic Structure 563
Contents continued
Module IV continued
- The Appointment of Judges 569
- The National Judicial Appointments Commission 575
- Transfer and Removal of Judges 581
- Judicial Independence 587
- Judicial Accountability 593
- Judicial Activism, Restraint and Overreach 599
- Legislative Privilege 605
- Advisory Jurisdiction 611
- Complete Justice: Article 142 617
- The Supreme Court 623
- The High Courts 629
- The Subordinate Judiciary 635
- Tribunals 640
- The Rule of Law 646
- Democracy and Free and Fair Elections 652
- The Election Commission 658
- Articles 325 to 329 664
- The Voter's Right to Know 670
- Electoral Reform and the Criminalisation of Politics 675
Contents continued
Module IV continued
- The Funding of Elections 681
- Defection and the Tenth Schedule 687
- Grass Root Democracy: The Panchayats 693
- Urban Local Government: The Municipalities 699
- The Nexus of Politics, Crime and Business 705
- The New Challenges 711
Page 1 onwards
715 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. 715 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 to 5
- 2 What Federalism Is pages 6 to 9
- 3 Is India a Federation? pages 10 to 15
- 4 The Union and Its Territory pages 16 to 19
- 5 Making and Remaking States pages 20 to 24
- 6 The Legislative Lists pages 25 to 29
- 7 Pith and Substance pages 30 to 34
- 8 Colourable Legislation and Incidental Encroachment pages 35 to 39
- 9 Repugnancy and the Occupied Field pages 40 to 44
- 10 Residuary Power pages 45 to 48
- 11 When Parliament May Legislate on a State Subject pages 49 to 53
- 12 The Reach of a Legislature pages 54 to 57
- 13 Administrative Relations and Federal Comity pages 58 to 62
- 14 Inter-State Water Disputes pages 63 to 67
- 15 The Inter-State Council and the Commissions pages 68 to 71
- 16 Fiscal Federalism pages 72 to 77
- 17 The Goods and Services Tax and Its Council pages 78 to 82
- 18 Freedom of Trade, Commerce and Intercourse pages 83 to 87
- 19 The Governor pages 88 to 93
- 20 Emergency and the Federal Balance pages 94 to 99
- 21 President's Rule pages 100 to 104
- 22 Article 370 pages 105 to 109
- 23 Asymmetric Federalism: Articles 371 to 371-J pages 110 to 114
- 24 Union and State Disputes in Court pages 115 to 118
- 25 Cooperative and Competitive Federalism pages 119 to 123
- 26 Why the Definition of "State" Decides Everything pages 124 to 127
- 27 The Named Authorities pages 128 to 131
- 28 "Other Authorities": The Early Cases pages 132 to 135
- 29 The Instrumentality Test pages 136 to 140
- 30 The Retreat, and What Survived It pages 141 to 145
- 31 Is the Judiciary "State"? pages 146 to 149
- 32 Private Bodies and Public Functions pages 150 to 153
- 33 Liberalisation, Privatisation and the Case for Widening Article 12 pages 154 to 158
- 34 Article 13: Laws Inconsistent with Fundamental Rights pages 159 to 163
- 35 Eclipse, Severability and Waiver pages 164 to 169
Module II 32 chapters
- 36 The Equality Code pages 170 to 173
- 37 Equality Before the Law and Equal Protection pages 174 to 177
- 38 Reasonable Classification pages 178 to 182
- 39 Arbitrariness pages 183 to 187
- 40 Articles 15 and 16: The Prohibited Grounds pages 188 to 191
- 41 Reservation in Education pages 192 to 195
- 42 Reservation in Public Employment pages 196 to 199
- 43 The Ceiling on Reservation pages 200 to 203
- 44 The Creamy Layer pages 204 to 208
- 45 Reservation in Promotion pages 209 to 212
- 46 Economically Weaker Sections pages 213 to 216
- 47 The Lists, and the Commissions That Watch Them pages 217 to 221
- 48 Protective Discrimination pages 222 to 225
- 49 Privatisation and Affirmative Action pages 226 to 230
- 50 Saving of Laws: Articles 31A, 31B and 31C pages 231 to 235
- 51 Untouchability and Titles pages 236 to 239
- 52 The Empowerment of Women: The Constitutional Scheme pages 240 to 243
- 53 Special Provision for Women pages 244 to 247
- 54 Women at Work pages 248 to 252
- 55 Sexual Harassment at the Workplace pages 253 to 257
- 56 Women, Religion and Personal Law pages 258 to 262
- 57 Women in Local Government pages 263 to 266
- 58 The 106th Amendment, and Why It Has Not Started pages 267 to 270
- 59 Freedom of Speech, and the Freedom of the Press Inside It pages 271 to 274
- 60 The Grounds of Reasonable Restriction pages 275 to 278
- 61 Prior Restraint and Pre-Censorship pages 279 to 282
- 62 The Press and the Legislature pages 283 to 286
- 63 The Right to Information pages 287 to 290
- 64 Speech Online pages 291 to 295
- 65 Privacy, Surveillance and Data pages 296 to 299
- 66 Hate Speech, Fake News and Broadcasting pages 300 to 304
- 67 New Scientific Development and the Freedom of Speech pages 305 to 308
Module III 37 chapters
- 68 Article 21: From Gopalan to Maneka pages 309 to 314
- 69 Procedure Established by Law pages 315 to 319
- 70 The Expansion of "Life" pages 320 to 324
- 71 Livelihood and Shelter pages 325 to 330
- 72 Health and the Environment pages 331 to 336
- 73 Education Before Article 21A pages 337 to 342
- 74 Article 21A and the Right to Education Act pages 343 to 348
- 75 Privacy pages 349 to 353
- 76 Dignity, Autonomy and the End of Life pages 354 to 359
- 77 Article 20: The Protections of an Accused pages 360 to 365
- 78 Preventive Detention pages 366 to 371
- 79 The Right Against Exploitation pages 372 to 377
- 80 Article 32 and the Writs pages 378 to 383
- 81 Article 226 pages 384 to 389
- 82 Limits: Articles 33, 34 and 35 pages 390 to 395
- 83 Public Interest Litigation pages 396 to 401
- 84 Compensatory Jurisprudence pages 402 to 407
- 85 Continuing Mandamus and Judicial Guidelines pages 408 to 413
- 86 Hartal and Bandh pages 414 to 419
- 87 The Right to Property pages 420 to 425
- 88 The Directive Principles pages 426 to 431
- 89 The Fundamental Duties pages 432 to 437
- 90 Who Is a Minority? pages 438 to 443
- 91 Article 29: The Right to Conserve pages 444 to 449
- 92 Article 30: To Establish and to Administer pages 450 to 455
- 93 State Control and Regulation pages 456 to 461
- 94 The Eleven-Judge Answer pages 462 to 466
- 95 After the Eleven-Judge Answer pages 467 to 472
- 96 Minority Institutions and the Right to Education Act pages 473 to 478
- 97 Linguistic Minorities pages 479 to 484
- 98 What Secularism Means Here pages 485 to 490
- 99 Articles 25 and 26 pages 491 to 496
- 100 Essential Religious Practices pages 497 to 502
- 101 Religious Taxation and Religious Instruction pages 503 to 508
- 102 Secularism as a Basic Feature pages 509 to 514
- 103 Religious Fanaticism pages 515 to 520
- 104 A Uniform Civil Code pages 521 to 526
Module IV 32 chapters
- 105 Separation of Powers: The Doctrine pages 527 to 532
- 106 The Indian Scheme pages 533 to 538
- 107 Delegated Legislation pages 539 to 544
- 108 Judicial Review pages 545 to 550
- 109 Ultra Vires pages 551 to 556
- 110 The Amending Power pages 557 to 562
- 111 The Basic Structure pages 563 to 568
- 112 The Appointment of Judges pages 569 to 574
- 113 The National Judicial Appointments Commission pages 575 to 580
- 114 Transfer and Removal of Judges pages 581 to 586
- 115 Judicial Independence pages 587 to 592
- 116 Judicial Accountability pages 593 to 598
- 117 Judicial Activism, Restraint and Overreach pages 599 to 604
- 118 Legislative Privilege pages 605 to 610
- 119 Advisory Jurisdiction pages 611 to 616
- 120 Complete Justice: Article 142 pages 617 to 622
- 121 The Supreme Court pages 623 to 628
- 122 The High Courts pages 629 to 634
- 123 The Subordinate Judiciary pages 635 to 639
- 124 Tribunals pages 640 to 645
- 125 The Rule of Law pages 646 to 651
- 126 Democracy and Free and Fair Elections pages 652 to 657
- 127 The Election Commission pages 658 to 663
- 128 Articles 325 to 329 pages 664 to 669
- 129 The Voter's Right to Know pages 670 to 674
- 130 Electoral Reform and the Criminalisation of Politics pages 675 to 680
- 131 The Funding of Elections pages 681 to 686
- 132 Defection and the Tenth Schedule pages 687 to 692
- 133 Grass Root Democracy: The Panchayats pages 693 to 698
- 134 Urban Local Government: The Municipalities pages 699 to 704
- 135 The Nexus of Politics, Crime and Business pages 705 to 710
- 136 The New Challenges pages 711 to 715
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 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 162
Contents continued
Module II continued
- Language as a Divisive Factor 167
- The Official Language of the Union 171
- The Official Languages Act 1963 176
- Many Languages, One Union 181
- Constitutional Guarantees to Linguistic Minorities 185
- The Formation of Linguistic States 190
- The Commissions That Redrew the Map 194
- The Medium of Instruction 199
- Enforcing Language Rights 204
- Regionalism, and India as One Unit 208
- The Language of the Courts and of the Statute Book 212
- Community and the Law: Caste, Tribe and a Plural Society 217
- Caste as a Divisive Factor 222
- Non-discrimination on the Ground of Caste 226
- Untouchability, and the Act That Abolished It 230
- The Atrocities Act 1989 236
- Manual Scavenging and Bonded Labour 242
- Reservation: The Constitutional Scheme 247
- Protective Discrimination 251
Contents continued
Module II continued
- Backward Classes, the Creamy Layer and the Ceiling 255
- Reservation in Promotion, and the Ten Per Cent for the Economically Weaker 260
- Substantive Equality 265
- The Safeguards: Seats, Services and Commissions 269
- Tribal India: The Fifth and Sixth Schedules 274
- Land, Forest and the Gram Sabha's Consent 281
- The Naxalite Movement: Origin and Development 289
- The Causes: Land, Dispossession and the Failure of Law 294
- The Cure: What the State Has Tried 301
- Internal Security, Social Justice and Development 307
- The Human Rights Commissions 314
Module III
- Women and the Law: Where the Constitution Started 320
- Article 15(3): Special Provision for Women 326
- Gender Injustice and Its Forms 331
- Dignity and the Right to Privacy 336
- Empowerment of Women 341
- Women in Public Employment and the Armed Forces 346
Contents continued
Module III continued
- Equal Pay and Maternity Benefit 352
- Sexual Harassment at the Workplace 357
- Crimes against Women 366
- The Criminal Law (Amendment) Act 2013 373
- Dowry 379
- Domestic Violence 386
- Sati 395
- Sex Selection and the Missing Daughters 401
- Reproductive Autonomy 408
- Trafficking and Prostitution 415
- Indecent Representation 423
- The National Commission for Women 429
- Women in the Legislatures 435
- Women's Property Rights 441
- Adultery and Marital Autonomy 448
- Who Counts as a Woman 454
- The Judiciary and Women's Rights: The Record 461
- Children and the Law: The Child as a Rights-Holder 467
- The Constitution and the Child 472
Contents continued
Module III continued
- India and the Convention on the Rights of the Child 477
- Child Abuse 483
- The Sexual Exploitation of Children 489
- POCSO: Objects and Scheme 495
- How Far POCSO Has Worked 504
- Child Labour: Causes and Consequences 510
- The Law against Child Labour 515
- The Courts and the Enforcement against Child Labour 522
- The Right to Education 528
- Juvenile Justice 537
- The Child in Need of Care and Protection 547
- Adoption 557
- Inter-country Adoption 564
- The Child Rights Commissions 570
- Child Marriage 577
Module IV
- Modernisation and the Law 584
- Modernisation as a Value 589
- Modernising Social Institutions Through Law 595
Contents continued
Module IV continued
- Agrarian Reform: Abolishing the Intermediary 600
- Ceilings, Tenancy and Redistribution 606
- The Ninth Schedule and the Property Amendments 611
- Industrialisation and the Law 618
- Industrialisation against Environmental Protection 624
- What the Courts Built out of Article 21 631
- Industrialisation and the Sustainable Development Goals 638
- Urbanisation and the Pavement Dweller 643
- Science, Technology and the Law Behind Them 651
- Democratic Decentralisation and Local Self-Government 657
- The Prison in India 664
- The Committees on Prison Reform 671
- The Prisoner's Rights 677
- Alternative Approaches to Law 685
- Section 89 of the Civil Procedure Code 690
- The Types of Alternative Dispute Mechanism, and What Each Is Good For 696
- Arbitration 701
- Mediation and Conciliation 708
- Lok Adalat 716
Contents continued
Module IV continued
- Legal Aid 724
- Nyaya Panchayats 734
- Gram Nyayalayas 740
- Plea Bargaining 752
- Reform of Court Processes and of the Justice Delivery System 761
- Legal Pluralism, and the Forums the State Did Not Create 770
Page 1 onwards
778 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. 778 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 to 5
- 2 Law as an Instrument of Social Change pages 6 to 11
- 3 What Law Cannot Do: The Limits of Legislating Change pages 12 to 16
- 4 Law as the Product of Tradition and Culture pages 17 to 21
- 5 Custom as a Source of Law pages 22 to 25
- 6 Roscoe Pound and Social Engineering pages 26 to 29
- 7 Pound's Scheme of Interests pages 30 to 33
- 8 The Criticisms of Social Engineering pages 34 to 37
- 9 Bentham, Marx and Ehrlich: The Other Answers pages 38 to 42
- 10 The Preamble: The Charter of Transformation pages 43 to 46
- 11 The Directive Principles and the Welfare State pages 47 to 52
- 12 Social Security Legislation pages 53 to 56
- 13 The Fundamental Duties pages 57 to 60
- 14 The Judiciary as an Engine of Social Change pages 61 to 65
- 15 Judicial Activism and Public Interest Litigation pages 66 to 69
- 16 Social Justice pages 70 to 73
- 17 Religion and the Law: The Two Questions pages 74 to 77
- 18 Freedom of Religion: Articles 25 to 28 pages 78 to 82
- 19 The Essential Religious Practices Doctrine pages 83 to 87
- 20 Secularism pages 88 to 91
- 21 The State and Religion: No State Religion pages 92 to 94
- 22 Religion as a Divisive Factor pages 95 to 98
- 23 No Discrimination on the Ground of Religion pages 99 to 102
- 24 Who Is a Minority pages 103 to 106
- 25 Articles 29 and 30: The Minority's Educational Rights pages 107 to 110
- 26 The National Commission for Minorities pages 111 to 114
- 27 Conversion and the Law pages 115 to 118
- 28 Personal Law: What It Is, and Why India Has Several pages 119 to 123
- 29 The Hindu Code Bills pages 124 to 127
- 30 Muslim Personal Law and Maintenance: Shah Bano to Danial Latifi pages 128 to 133
- 31 Triple Talaq pages 134 to 138
- 32 Christian and Parsi Law, and the Special Marriage Act pages 139 to 142
- 33 The Uniform Civil Code pages 143 to 147
- 34 Religious Freedom against Social Reform pages 148 to 151
- 35 Temple Entry pages 152 to 156
- 36 Places of Worship, and the Character Frozen in 1947 pages 157 to 161
Module II 31 chapters
- 37 Language and the Law: Why a Country Legislates about Language pages 162 to 166
- 38 Language as a Divisive Factor pages 167 to 170
- 39 The Official Language of the Union pages 171 to 175
- 40 The Official Languages Act 1963 pages 176 to 180
- 41 Many Languages, One Union pages 181 to 184
- 42 Constitutional Guarantees to Linguistic Minorities pages 185 to 189
- 43 The Formation of Linguistic States pages 190 to 193
- 44 The Commissions That Redrew the Map pages 194 to 198
- 45 The Medium of Instruction pages 199 to 203
- 46 Enforcing Language Rights pages 204 to 207
- 47 Regionalism, and India as One Unit pages 208 to 211
- 48 The Language of the Courts and of the Statute Book pages 212 to 216
- 49 Community and the Law: Caste, Tribe and a Plural Society pages 217 to 221
- 50 Caste as a Divisive Factor pages 222 to 225
- 51 Non-discrimination on the Ground of Caste pages 226 to 229
- 52 Untouchability, and the Act That Abolished It pages 230 to 235
- 53 The Atrocities Act 1989 pages 236 to 241
- 54 Manual Scavenging and Bonded Labour pages 242 to 246
- 55 Reservation: The Constitutional Scheme pages 247 to 250
- 56 Protective Discrimination pages 251 to 254
- 57 Backward Classes, the Creamy Layer and the Ceiling pages 255 to 259
- 58 Reservation in Promotion, and the Ten Per Cent for the Economically Weaker pages 260 to 264
- 59 Substantive Equality pages 265 to 268
- 60 The Safeguards: Seats, Services and Commissions pages 269 to 273
- 61 Tribal India: The Fifth and Sixth Schedules pages 274 to 280
- 62 Land, Forest and the Gram Sabha's Consent pages 281 to 288
- 63 The Naxalite Movement: Origin and Development pages 289 to 293
- 64 The Causes: Land, Dispossession and the Failure of Law pages 294 to 300
- 65 The Cure: What the State Has Tried pages 301 to 306
- 66 Internal Security, Social Justice and Development pages 307 to 313
- 67 The Human Rights Commissions pages 314 to 319
Module III 40 chapters
- 68 Women and the Law: Where the Constitution Started pages 320 to 325
- 69 Article 15(3): Special Provision for Women pages 326 to 330
- 70 Gender Injustice and Its Forms pages 331 to 335
- 71 Dignity and the Right to Privacy pages 336 to 340
- 72 Empowerment of Women pages 341 to 345
- 73 Women in Public Employment and the Armed Forces pages 346 to 351
- 74 Equal Pay and Maternity Benefit pages 352 to 356
- 75 Sexual Harassment at the Workplace pages 357 to 365
- 76 Crimes against Women pages 366 to 372
- 77 The Criminal Law (Amendment) Act 2013 pages 373 to 378
- 78 Dowry pages 379 to 385
- 79 Domestic Violence pages 386 to 394
- 80 Sati pages 395 to 400
- 81 Sex Selection and the Missing Daughters pages 401 to 407
- 82 Reproductive Autonomy pages 408 to 414
- 83 Trafficking and Prostitution pages 415 to 422
- 84 Indecent Representation pages 423 to 428
- 85 The National Commission for Women pages 429 to 434
- 86 Women in the Legislatures pages 435 to 440
- 87 Women's Property Rights pages 441 to 447
- 88 Adultery and Marital Autonomy pages 448 to 453
- 89 Who Counts as a Woman pages 454 to 460
- 90 The Judiciary and Women's Rights: The Record pages 461 to 466
- 91 Children and the Law: The Child as a Rights-Holder pages 467 to 471
- 92 The Constitution and the Child pages 472 to 476
- 93 India and the Convention on the Rights of the Child pages 477 to 482
- 94 Child Abuse pages 483 to 488
- 95 The Sexual Exploitation of Children pages 489 to 494
- 96 POCSO: Objects and Scheme pages 495 to 503
- 97 How Far POCSO Has Worked pages 504 to 509
- 98 Child Labour: Causes and Consequences pages 510 to 514
- 99 The Law against Child Labour pages 515 to 521
- 100 The Courts and the Enforcement against Child Labour pages 522 to 527
- 101 The Right to Education pages 528 to 536
- 102 Juvenile Justice pages 537 to 546
- 103 The Child in Need of Care and Protection pages 547 to 556
- 104 Adoption pages 557 to 563
- 105 Inter-country Adoption pages 564 to 569
- 106 The Child Rights Commissions pages 570 to 576
- 107 Child Marriage pages 577 to 583
Module IV 28 chapters
- 108 Modernisation and the Law pages 584 to 588
- 109 Modernisation as a Value pages 589 to 594
- 110 Modernising Social Institutions Through Law pages 595 to 599
- 111 Agrarian Reform: Abolishing the Intermediary pages 600 to 605
- 112 Ceilings, Tenancy and Redistribution pages 606 to 610
- 113 The Ninth Schedule and the Property Amendments pages 611 to 617
- 114 Industrialisation and the Law pages 618 to 623
- 115 Industrialisation against Environmental Protection pages 624 to 630
- 116 What the Courts Built out of Article 21 pages 631 to 637
- 117 Industrialisation and the Sustainable Development Goals pages 638 to 642
- 118 Urbanisation and the Pavement Dweller pages 643 to 650
- 119 Science, Technology and the Law Behind Them pages 651 to 656
- 120 Democratic Decentralisation and Local Self-Government pages 657 to 663
- 121 The Prison in India pages 664 to 670
- 122 The Committees on Prison Reform pages 671 to 676
- 123 The Prisoner's Rights pages 677 to 684
- 124 Alternative Approaches to Law pages 685 to 689
- 125 Section 89 of the Civil Procedure Code pages 690 to 695
- 126 The Types of Alternative Dispute Mechanism, and What Each Is Good For pages 696 to 700
- 127 Arbitration pages 701 to 707
- 128 Mediation and Conciliation pages 708 to 715
- 129 Lok Adalat pages 716 to 723
- 130 Legal Aid pages 724 to 733
- 131 Nyaya Panchayats pages 734 to 739
- 132 Gram Nyayalayas pages 740 to 751
- 133 Plea Bargaining pages 752 to 760
- 134 Reform of Court Processes and of the Justice Delivery System pages 761 to 769
- 135 Legal Pluralism, and the Forums the State Did Not Create pages 770 to 778
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 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 32
- The Rest of Section 3 37
- Inventions Relating to Atomic Energy 42
- Living Matter and Biotechnology 45
- The Paris Convention 1883 50
- The Patent Cooperation Treaty 54
- The Budapest Treaty 1977 58
- TRIPS and Patents 62
- Doha and Public Health 67
- WIPO and the Treaties That Did Not Happen 71
- Convention Countries and Convention Applications 75
- Patent Law in India Before 1911 79
Contents continued
Module I continued
- The Indian Patents and Designs Act 1911 82
- The Tek Chand and Ayyangar Reports 85
- The Three Amendments: 1999, 2002 and 2005 89
- The Act Since 2005 94
Module II
- Who May Apply for a Patent 99
- The Application and Its Forms 103
- Section 8: The Duty to Disclose Foreign Applications 107
- Publication of the Application 111
- Request for Examination 115
- Examination and the First Examination Report 119
- The Controller's Powers on Examination 123
- Divisional Applications 128
- Dating, Post-dating and Antedating 132
- Grant, Date, Form and Effect 136
- The Conditions Attached to Every Grant 140
- Term, Renewal and Lapse 144
- Restoration of a Lapsed Patent 148
- Secrecy Directions and Defence Inventions 152
Contents continued
Module II continued
- Patents of Addition 158
- Novelty and the State of the Art 162
- Anticipation: What Does Not Destroy Novelty 166
- Inventive Step 172
- Industrial Application and Utility 178
- Discovery and Invention 182
- Product Patents and Process Patents 186
- Why India Granted Only Process Patents 190
- The Mailbox and Exclusive Marketing Rights 194
- Proving Infringement of a Process Patent 198
- What a Specification Is 202
- The Contents of a Complete Specification 206
- The Claims 211
- Sufficiency of Disclosure 215
- Priority Dates 219
- Amending an Application or a Specification 223
- Pre-grant Opposition 227
- Post-grant Opposition 232
- The Grounds of Opposition 236
Contents continued
Module II continued
- Obtaining 240
- Mention of the Inventor 245
Module III
- The Register of Patents 249
- Rectification of the Register 253
- The Patent Office and Its Branches 257
- The Controller and the Officers 260
- The Powers of the Controller 264
- Patent Agents 270
- The Rights of a Patentee 276
- The Limits on Those Rights 280
- The Obligation to Work the Patent 284
- The Patentee's Other Duties 288
- Co-owners of a Patent 294
- When the Patent Was Obtained in Fraud 298
- How a Patent Moves 302
- Writing and Registration 306
- Dealing with a Registered Patent 311
- Voluntary Licences 314
Contents continued
Module III continued
- Exclusive, Sole and Non-exclusive Licences 318
- Compulsory Licences: The Three Grounds 322
- Procedure on a Compulsory Licence Application 328
- Terms and Conditions of a Compulsory Licence 333
- Related Patents 337
- Compulsory Licences on a Government Notification 342
- The Export Compulsory Licence 346
- The Order as a Deed, and Termination 350
- Licences of Right 353
- Revocation for Non-working 358
- What Working Means 362
- Assignment in Practice 366
- Licensing in Practice 371
- Restrictive Conditions That Are Void 375
- Determination of Certain Contracts 380
- Competition Law and Patent Licensing 384
- Traditional Knowledge and the Patent System 388
- Biopiracy: Turmeric, Neem and Basmati 392
- The Traditional Knowledge Digital Library 396
Contents continued
Module III continued
- Bioprospecting and Benefit Sharing 400
- Disclosure of Source and Geographical Origin 405
Module IV
- Government Use of an Invention 410
- Rights of Third Parties in Government Use 415
- Acquisition of a Patent by the Central Government 419
- Disputes About Government Use 423
- Revocation in the Public Interest 427
- Surrender of a Patent 431
- Revocation: The Grounds 435
- Who May Seek Revocation, and Where 441
- What Infringement Is 445
- Suits for Infringement 450
- Defences in an Infringement Suit 454
- Acts That Are Not Infringement 458
- Reliefs in an Infringement Suit 462
- Interim Injunctions in Patent Suits 467
- Restrictions on Damages and the Certificate of Validity 472
- Scientific Advisers 477
Contents continued
Module IV continued
- Declaration as to Non-infringement 480
- Groundless Threats of Infringement Proceedings 484
- Offences Under the Act 488
- Failure to Supply Information, and Unregistered Agents 493
- Adjudication of Penalties 498
- Appeals Under the Act 502
- The Rise and Abolition of the Appellate Board 506
- Where a Patent Matter Goes Now 510
- The Controller in Court 514
- What Ever-greening Means 518
- Section 3(d) and the Novartis Decision 522
- The Other Ever-greening Strategies 527
- The Rules, and the Rest of the Act 533
Page 1 onwards
540 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. 540 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 to 4
- 2 Why the Law Grants Patents pages 5 to 8
- 3 The Bargain the Act Strikes pages 9 to 12
- 4 The Scheme of the Patents Act 1970 pages 13 to 15
- 5 The Vocabulary of the Act pages 16 to 19
- 6 Patents Among the Intellectual Properties pages 20 to 22
- 7 What an Invention Is pages 23 to 26
- 8 What Are Not Inventions: The First Five Exclusions pages 27 to 31
- 9 Section 3(d): New Forms, New Uses and Efficacy pages 32 to 36
- 10 The Rest of Section 3 pages 37 to 41
- 11 Inventions Relating to Atomic Energy pages 42 to 44
- 12 Living Matter and Biotechnology pages 45 to 49
- 13 The Paris Convention 1883 pages 50 to 53
- 14 The Patent Cooperation Treaty pages 54 to 57
- 15 The Budapest Treaty 1977 pages 58 to 61
- 16 TRIPS and Patents pages 62 to 66
- 17 Doha and Public Health pages 67 to 70
- 18 WIPO and the Treaties That Did Not Happen pages 71 to 74
- 19 Convention Countries and Convention Applications pages 75 to 78
- 20 Patent Law in India Before 1911 pages 79 to 81
- 21 The Indian Patents and Designs Act 1911 pages 82 to 84
- 22 The Tek Chand and Ayyangar Reports pages 85 to 88
- 23 The Three Amendments: 1999, 2002 and 2005 pages 89 to 93
- 24 The Act Since 2005 pages 94 to 98
Module II 35 chapters
- 25 Who May Apply for a Patent pages 99 to 102
- 26 The Application and Its Forms pages 103 to 106
- 27 Section 8: The Duty to Disclose Foreign Applications pages 107 to 110
- 28 Publication of the Application pages 111 to 114
- 29 Request for Examination pages 115 to 118
- 30 Examination and the First Examination Report pages 119 to 122
- 31 The Controller's Powers on Examination pages 123 to 127
- 32 Divisional Applications pages 128 to 131
- 33 Dating, Post-dating and Antedating pages 132 to 135
- 34 Grant, Date, Form and Effect pages 136 to 139
- 35 The Conditions Attached to Every Grant pages 140 to 143
- 36 Term, Renewal and Lapse pages 144 to 147
- 37 Restoration of a Lapsed Patent pages 148 to 151
- 38 Secrecy Directions and Defence Inventions pages 152 to 157
- 39 Patents of Addition pages 158 to 161
- 40 Novelty and the State of the Art pages 162 to 165
- 41 Anticipation: What Does Not Destroy Novelty pages 166 to 171
- 42 Inventive Step pages 172 to 177
- 43 Industrial Application and Utility pages 178 to 181
- 44 Discovery and Invention pages 182 to 185
- 45 Product Patents and Process Patents pages 186 to 189
- 46 Why India Granted Only Process Patents pages 190 to 193
- 47 The Mailbox and Exclusive Marketing Rights pages 194 to 197
- 48 Proving Infringement of a Process Patent pages 198 to 201
- 49 What a Specification Is pages 202 to 205
- 50 The Contents of a Complete Specification pages 206 to 210
- 51 The Claims pages 211 to 214
- 52 Sufficiency of Disclosure pages 215 to 218
- 53 Priority Dates pages 219 to 222
- 54 Amending an Application or a Specification pages 223 to 226
- 55 Pre-grant Opposition pages 227 to 231
- 56 Post-grant Opposition pages 232 to 235
- 57 The Grounds of Opposition pages 236 to 239
- 58 Obtaining pages 240 to 244
- 59 Mention of the Inventor pages 245 to 248
Module III 37 chapters
- 60 The Register of Patents pages 249 to 252
- 61 Rectification of the Register pages 253 to 256
- 62 The Patent Office and Its Branches pages 257 to 259
- 63 The Controller and the Officers pages 260 to 263
- 64 The Powers of the Controller pages 264 to 269
- 65 Patent Agents pages 270 to 275
- 66 The Rights of a Patentee pages 276 to 279
- 67 The Limits on Those Rights pages 280 to 283
- 68 The Obligation to Work the Patent pages 284 to 287
- 69 The Patentee's Other Duties pages 288 to 293
- 70 Co-owners of a Patent pages 294 to 297
- 71 When the Patent Was Obtained in Fraud pages 298 to 301
- 72 How a Patent Moves pages 302 to 305
- 73 Writing and Registration pages 306 to 310
- 74 Dealing with a Registered Patent pages 311 to 313
- 75 Voluntary Licences pages 314 to 317
- 76 Exclusive, Sole and Non-exclusive Licences pages 318 to 321
- 77 Compulsory Licences: The Three Grounds pages 322 to 327
- 78 Procedure on a Compulsory Licence Application pages 328 to 332
- 79 Terms and Conditions of a Compulsory Licence pages 333 to 336
- 80 Related Patents pages 337 to 341
- 81 Compulsory Licences on a Government Notification pages 342 to 345
- 82 The Export Compulsory Licence pages 346 to 349
- 83 The Order as a Deed, and Termination pages 350 to 352
- 84 Licences of Right pages 353 to 357
- 85 Revocation for Non-working pages 358 to 361
- 86 What Working Means pages 362 to 365
- 87 Assignment in Practice pages 366 to 370
- 88 Licensing in Practice pages 371 to 374
- 89 Restrictive Conditions That Are Void pages 375 to 379
- 90 Determination of Certain Contracts pages 380 to 383
- 91 Competition Law and Patent Licensing pages 384 to 387
- 92 Traditional Knowledge and the Patent System pages 388 to 391
- 93 Biopiracy: Turmeric, Neem and Basmati pages 392 to 395
- 94 The Traditional Knowledge Digital Library pages 396 to 399
- 95 Bioprospecting and Benefit Sharing pages 400 to 404
- 96 Disclosure of Source and Geographical Origin pages 405 to 409
Module IV 29 chapters
- 97 Government Use of an Invention pages 410 to 414
- 98 Rights of Third Parties in Government Use pages 415 to 418
- 99 Acquisition of a Patent by the Central Government pages 419 to 422
- 100 Disputes About Government Use pages 423 to 426
- 101 Revocation in the Public Interest pages 427 to 430
- 102 Surrender of a Patent pages 431 to 434
- 103 Revocation: The Grounds pages 435 to 440
- 104 Who May Seek Revocation, and Where pages 441 to 444
- 105 What Infringement Is pages 445 to 449
- 106 Suits for Infringement pages 450 to 453
- 107 Defences in an Infringement Suit pages 454 to 457
- 108 Acts That Are Not Infringement pages 458 to 461
- 109 Reliefs in an Infringement Suit pages 462 to 466
- 110 Interim Injunctions in Patent Suits pages 467 to 471
- 111 Restrictions on Damages and the Certificate of Validity pages 472 to 476
- 112 Scientific Advisers pages 477 to 479
- 113 Declaration as to Non-infringement pages 480 to 483
- 114 Groundless Threats of Infringement Proceedings pages 484 to 487
- 115 Offences Under the Act pages 488 to 492
- 116 Failure to Supply Information, and Unregistered Agents pages 493 to 497
- 117 Adjudication of Penalties pages 498 to 501
- 118 Appeals Under the Act pages 502 to 505
- 119 The Rise and Abolition of the Appellate Board pages 506 to 509
- 120 Where a Patent Matter Goes Now pages 510 to 513
- 121 The Controller in Court pages 514 to 517
- 122 What Ever-greening Means pages 518 to 521
- 123 Section 3(d) and the Novartis Decision pages 522 to 526
- 124 The Other Ever-greening Strategies pages 527 to 532
- 125 The Rules, and the Rest of the Act pages 533 to 540
Every paper that is solved: 8 papers
- 2025-26
- 2024-25
- 2024
- 2023
- 2019
- 2018
- 2016
- 2015
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