University of Asia Pacific (UAP) Department of Law and Human Rights COURSE OUTLINE Program LLB (Honors) Course Code Law 349: Cyber Law and Intellectual Property Law & Title Level 3 rd Year 2 nd Semester Credit Hour 4 Name & Designation of Teacher Alida Binte Saqi Lecturer Department of Law and Human Rights, UAP Office/Room Room#907, 74/A, Green Road, UAP City Campus (9 th Floor), Dhaka-1215 Class Hour Monday:3.00pm-3.50pm+4.00pm-4.50pm Consultation Hour Email Mobile Rationale Course Synopsis Course Objectives (CO) Learning Outcomes (LO) Thursday: 12.00pm-12.50pm+1.00pm-1.50pm Monday: 10.30am-11.30am Tuesday: 12.30pm-1.30pm Wednesday: 11.00am-12.00pm saqi.alida@uap-bd.edu Required course for LLB (Honors) Degree An overview of cyber law, regulatory framework of cyber law, international legal regime for cybercrime and cyber space, domestic legal regime-cyber law in Bangladesh, cyber law and freedom of the press, cybercrimes and related concepts. The course also covers: introduction to intellectual property (IP) law, patents, copyright and related rights, trademarks, geographical indications (GI), traditional knowledge, traditional cultural expression, trade secrets and industrial designs, intellectual property and unfair competition, intellectual property and agriculture: plant verities protection (plant breeders rights) and farmers rights, intellectual property and public health, intellectual property and human rights, intellectual property and internet (e-commerce), intellectual property and economic development (technology transfer, foreign direct investment, etc.). This course is aimed to: 1. To know about cyber and intellectual property law both from theoretical and practical aspects 2. Impart knowledge on Patent, Copyright and trademark and geographical indication and related legal instruments 3. Highlight the importance of protecting intellectual property Upon completion of the course, the students will be able to: 1. Differentiate between the forms of intellectual property and have a working knowledge on how to protect them; 1
Teachinglearning and Assessment Strategy Prerequisites Linkage of LO with Assessment Methods & their Weights Minimum attendance Mapping of Course LO and PO/Generic Skills 2. Summarize the concept of Information Technology act, 2006 and other existing laws regarding cyber-crimes and how to address them; and 3. Formulate an understanding regarding the protection of intellectual property. Lectures, assignments, presentations, interactive sessions, seminars, quizzes, examinations, etc. N/A LO Assessment Method (%) 1-3 Oral presentation 05 1-3 Quiz 10 1-3 Class attendance 10 1-3 Assignment 5 1-3 Midterm Exam 20 1-3 Final Exam 50 70% class attendance is mandatory for a student in order to appear at the final Learning Outcome (LO) of the Course Differentiate between the forms of intellectual property and have a working knowledge on how to protect them Summarize the concept of Information Technology act, 2006 and other existing laws regarding cyber-crimes and how to address them Formulate an understanding regarding the protection of examination. Generic Skills/Program Outcomes* (Appendix-1) 1 2 3 4 5 6 7 8 9 10 2
Lecture Schedule intellectual property Week Topic Reading Assignment 1 I. Cyber Law Teacher will provide A. Cyber World: An Overview necessary reading a) The internet and online assignment from time resources to time. b) Security of information and need for regulation B. Cyber Law: An Overview a) Regulation of cyber space introducing cyber law b) Scope of cyber laws ecommerce; online contracts; IPRs (copyright, trademarks and software patenting); e-taxation; e-governance and cyber crimes 2 C. Regulatory Framework of Cyber Law: International Legal Regime a) International legal regime relating to Cyber Crimes b) European Convention on Cyber Crimes c)oecd Convention on Database Protection 3 D. mestic Legal Regime Cyber Law in Bangladesh a) The Information and Communication Technology Act, 2006 b) The Pornography Control Act, 2012 c) The Cinematograph Act, 1918 d) The Telecommunication Act, 2001 4 E. Cyber Law and Freedom of the Press a) Constitutional Law Perspective b) Parliamentary Laws and Draft Bills F. Cyber Crimes a) Computer crime and Cyber Crime 3
b) Classification of Cyber Crimes G. Cyber Crime and Related Concepts a) Distinction between cybercrime and conventional crimes b) Reasons for Commission of Cyber Crime c) Cyber Forensic d) Cyber Criminals and their Objectives e) Kinds of cyber-crimes cyber stalking; cyber pornography; forgery and fraud; crime related to IPRs; Cyber terrorism; computer vandalism etc. Review class 5 II. Intellectual Property Law A. Introduction to Intellectual Property (IP) Law a) Origin and Development of IP Law b) Sources and Principles of IP Law c) Classification of IP Law 6 B. Patents a) Conditions of Patentability b) Drafting and Filing a Patent Application c) Examination of a Patent Application 7 d) Infringement e) Compulsory Licenses d) Utility Models MIDTERM EXAM 8 C. Copyright and Related Rights a) Subject Matter of Copyright Protection b) Right Comprised in Copyright c) Related Rights d) Ownership of Copyright e) Piracy and Infringement f) Remedies: Acton Piller Orders, Interlocutory Injunctions Tutorial Exam-1 at the end of first four weeks Teacher will provide necessary assignments from time to time. Teacher will provide necessary reading assignment from time to time. 9 D. Trademarks 4
a) Definitions b) Signs which may serve as Trademarks c) Criteria of Practicability d) Protection of Trademarks Rights e) Use Requirements f) Trademark Registration and Removal of Trademark from the Register g) Trademark Piracy, Counterfeiting and Imitation of Labels and Packaging h) Trademark Licensing, Trade Names, Franchising, Character Merchandising 10 E. Geographical Indications (GI) a) Legal Protection of GI on International Level The Paris Convention for the Protection of Industrial Property 1883 Madrid Agreement on Indications of Source 1891 The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 1958 The Madrid Agreement Concerning the International Registration of Marks 1891 and the Protocol Relating to the Madrid Agreement 1989 The Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) 1994 GI protection in European Union (EU) b) Legal Protection of GI on the National Level Protection of Geographical Indications in Switzerland: General Protection Regime Special Protection Regime for Agricultural Products and Processed Agricultural Products c) GI in Bangladesh and 5
Necessity of GI protection in Bangladesh d) GI Registration System in Bangladesh e) Critique of the GI regime of Bangladesh Review class 11 F. Traditional Knowledge, Traditional Cultural Expression a ) Relation between IP and TK/TCE b) Need for the Protection of Traditional Knowledge, Traditional Cultural Expressions, and Genetic Resources c) What are Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources? d) Who are the Holders of Traditional Knowledge and Traditional Cultural Expressions? e) Protection of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources f) The Work of WIPO in the Field of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources 12 G. Trade Secrets and Industrial Designs H. Intellectual Property and Unfair Competition a) The Need for Protection b) Legal Basis for Protection c) Acts of Unfair Competition 13 J. Intellectual Property and Public Health a) Relationship between Patent Rights and Protection of Public Health b) Protection of Public Health under the Paris Convention and TRIPS Agreement c) Protection of Public Health in TRIPS-plus Regime d) Protection of Public Health Tutorial Exam-2 at the end of Week No. 10 Teacher will provide necessary assignments from time to time. 6
Required References Recommended References Grading System Student s responsibilities beyond TRIPS-plus 14 L. Intellectual Property and Internet (E-Commerce) M. Intellectual Property and Economic Development (Technology Transfer, Foreign Direct Investment, etc.). Review Class FINAL EXAM 1. WIPO Intellectual Property Handbook: Policy, Law and Use (2nd ed., WIPO, 2004). 2. Cyber Law in Bangladesh, Dr. Zulfiquar Ahmed, Hasan Law Books, 1st edition, 2017 3. Murray, Information Technology Law: The Law and Society (Oxford University Press, 2013). 1. Intellectual Property Law, P. Narayanan, Eastern Law House, 3ed Edition 2. WIPO website 3. M. Towhidul Islam, TRIPS Agreement of the WTO: Implications and Challenges for Bangladesh (Cambridge Scholars Publishing, 2013) As per the approved grading scale of University of Asia Pacific (Appendix-2). 1. Students must come to the class prepared for the course material covered in the previous class(es). 2. They must submit their assignments on time. 3. They must be aware of the Plagiarism Policy as spelt out in the curriculum. 4. No late or partial assignments will be acceptable. There will be no make-up quizzes. - Prepared by Checked by Approved by Alida Binte Saqi Lecturer Department of Law and Human Rights, UAP Curriculum Committee of the Department Director School of Law and Human Rights 7
Appendix-1: Program Outcomes/Generic Skills No. Generic Skills/Program Outcomes 1. Intellectual skills 2. Advocacy and case management skills 3. Scientific and Analytical skills 4. Research, Innovation, and Entrepreneurship skills 5. Communication, negotiation, & IT skills 6. Values, Ethics and Morality 7. Teamwork and Leadership skills 8. Professionalism 9. Social skills and responsibilities 10. Life-long Learning skills Appendix-2: Grading Policy Numeric Grade Letter Grade Grade Point 80% and above A+ 4.00 75% to less than 80% A 3.75 70% to less than 75% A- 3.50 65% to less than 70% B+ 3.25 60% to less than 65% B 3.00 55% to less than 60% B- 2.75 50% to less than 55% C+ 2.50 45% to less than 50% C 2.25 40% to less than 45% D 2.00 Less than 40% F 0.00 8