Syllabus of LL.M (Session: 2012-13)

Department of Law & Muslim Jurisprudence

Course No. 501

Criminology

1. Introduction:

Definition, Evaluation, Nature, Scope, Subject-matters, Utility.

2. Scientific study of Criminology:

Scientific status of criminology / Research methods- Survey of statistical data on

crime- Survey of statistical data on criminals- Individual case study method-

Intimate observation method- Explanatory method on available cases- Experimental

method- Option survey method- Historical method- Comparative method.

3. Schools of Criminology

Pre-classical School-Classical School- Modern Positivist School- New Classical

School- Geographical School- Sociological School-Sociological School- Islamic

Concept.

4. Ideology of Crime

Biological approach-Psychological approach- Economic approach-Sociological

approach-Geographical & Ecological approach-Institutional and Multiple factory

theory.

5. Crime and Criminals

The concept of crime- Historical context- Legal definition of crime- Sociological

definition of crime- Characteristics of crime Nature and scope of Criminology-

Islamic concepts.

6. Juvenile Crime

Definition, Nature and Scope-Juvenile delinquent, Causes-Treatment and welfare-

The concept of case- Justice and Punishment-International and National Perspective-

Juvenile courts- Islamic concept of Juvenile Crime- Justice ad Punishments of

Juvenile in Islam.

7. White Collar Crime

Definition- Nature-Characteristics-Causes and Criticism of white-collar crime-

Justice and punishment.

8. Penology

Punishment - Definition, Aims and objects Justification-Classification of

Punishment-Limitation of Punishment- criticism of punishment- Modern trends on

Punishments-Islamic theory of Punishment, criticism.

9. Crime Control and Public Policy

Formal and Informal mechanisms- Role of police- Criminal Justice- Role and impact

of criminology research- Crime control in State.

10. Sexual Offences

Causes of Sexual delinquency, Remedial measures, Incest, Homo-Sexual,

Prostitution and its problems. Protection of women against possible sex harassment,

Abortion, Laws relating to abortion, Sex Offences under Bangladesh Penal Code,

Concluding observations.

2

11. Alcoholism, drug Addiction and Crime. Maia Causes of drug addiction classification

of drug abuse classification drugs under `Madok Drobya Nigontron Ain. 2000.,

National and International Perspective of the Problems, drug addiction and crime.

Measures to control alcoholism and drug addiction. Enforcement Agencies.

Remedial measures.

12. Recidivism.

Who is a recidivist?

Cases of recidivism, Recidivistic offenders, Measures to combat Recidivism.

Recidivism in Bangladesh; Prevention of Recidivisms.

Books Recommended:

Al-Quran

Books of Hadiths.

Bart, Cyrit Young Deliquent

Bonger, W A An introduction of Criminology.

Chieek, E & S Unraveling Juvenile Delinquency

Hays, John Crime and the Social Structure

Healy, S & Eronnet, A F New Light on Delinquency and Its Treatment

Jones, Howard Crime and the Penal System

Keeton, B Social Science and Social Pathology

Stott, D H Delinquency and Human Nature.

Sutherland, E. H Principle’s of Criminology

Reid, Sue Titus Crime and Criminology, (8th

ed.), USA, Mc. Graw

Hill, 1996

Lilly, Robert J et al Criminological Theory, (2nd

ed.), Sage Publications,

1995

Vogit, Lydia et al Criminology and Justice, Mc. Graw Hill Series, 1994

Devasia, V V & Devasia,

Leelamma

Criminology, Victimology & Corrections, Ashish

Publication House, India, 1992

Paranjape, V N Criminology and Penology, (8th

ed.) 1994

H. Mammheim

Cooperative Criminology (should be checked)

The Children Act. 1974 & Children Rules 1976.

The Probation of Founders Ordinance, 1960.

3

Course No. 502

Comparative Legal Theory

1. Conceptual Issues :

a) Approach to the subject from a comparative perspective.

b) The Legal Theories Compared in the paper: Islamic Legal Theory, Hindu Legal

Theory and western Jurisprudence

2. Division of Law: a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

3. Development of Law:

a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

d) Unity and diversity in this theory.

4. Branches of Law:

a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

5. The Role of Lawyers and Justice:

a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

6. Applicability of Law:

a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

7. Interpretation of Law:

a) Islamic Law

b) Hindu Law.

c) Western Jurisprudence

8. Any other necessary topic the course teacher may find necessary.

Books Recommended: W. Freedman Legal Theory

D.I. Loyd. Dence. Introduction to Jurisprudence

Salmond. Jurisprudence

K.P. Chakravaty Jurisprudence & Legal theory

A.A. Qadri Islamic Jurisprudence in the modern World

A. R. Rahim Muslim Jurisprudence

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Course No. 503

Law of International Organizations

1. General Characteristics of International Organization:

Definition- nature- importance-international law and international organizations-

general questions of international organization and other legal aspects of international

organization- legal foundation of establishment of international organization- organic

structure of international organizations-state sovereignty and international

organizations-legal personality of international organization- membership of the

organizations-decision making by the organizations.

2. History of the International Organizations:

Organizations of the ancient time-rise of modern international organizations- the

League of Nations and its failure.

3. United Nations Organizations:

Formation-objectives-ideals-principal organs of the UN- General Assembly- Security

Council- Economic and Social Council- Trusteeship Council- International Court of

Justice- United Nations program and their value-United Nations Peace Keeping

force-law relating to issues with reference to the United Nations Membership-

international personality- financing- decision-making in the General Assembly and

Security Council- the problems of the United Nations and its failure.

4. The Specialized Agencies of the United Nations:

Nature of specialized organizations-relationship with the UN-formation and functions

of different specialized agencies

5. The International Criminal Court (ICC):

Historical background of the ICC- Composition and Jurisdiction of the ICC-

Appointment and qualifications of the Judges of the ICC.

6. Regional organizations:

General characteristics-objectives and functions of the regional organizations-

classification of their organizations-some of the significant present day regional

organization-Arab League- Organization of American States (OAS)- Organization of

African Unity (OAS)- European Union (EU)- Council for Mutual Economic

Assistance (COMECON)-European Free Trade Association (FFTA)- Organization

for Economic Co-operation and Development (OECD)-Association of South-Asian

Nations (ASEAN)- South Asian Association for Regional Co-operation (SAARC)-

Gulf Co-operation Council (GCC), D-8.

7. Military Organizations:

North Atlantic Treaty Organization (NATO)- Warsaw Pact- West European Union-

Anzus Council.

8. Some Special kinds of International Organizations:

5

Commonwealth- Afro-Asian Solidarity Conference- Organization of the Islamic

Conference (OIC)-Non-Aligned Movement- G-7.

Books Recommended:

Brownlie, Ian Principles of Public International Law

Bowatt, D W The Law International Institutions (New York:

Frederick A Prager), 1963

Chariston, K. S. Law and Organization in World Society, (Urdans:

University of Illinois Press), 1962

The Process of International Arbitration (New York:

Columbia University), 1945

Hudson MO International Tribunals –Past and Future,

(Washington DC: Chemegic Endowment for

International Peace and Breakings), 1944

The Permanent Court of International Justice, (New

York: Macmillan), 1943

Dier, J The OAS: An Hemispheric Crisis, (New York: Council

on Foreign Relation), 1962

Hanton, J Latin American and the United Nations (New York:

Chemegic Endowment for International Peace), 1958

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6

Course No. 504

Human Rights

1. Concept and Historical Development

The concept of human rights- importance of human rights-classification of human

rights-fundamental rights- legal rights- fundamental - principles of state policy- their

comparison- ways of violation of human rights- historical development of human

rights; Development of Human Rights in Europe, America and France – human

rights before and after WWII

2. International Human Rights Instruments

UN Charter- Universal Declaration of Human Rights (UDHR)- International

Covenant on Civil and Political Rights (ICCPR)- International Covenant on

Economic Social and Cultural Rights (ICESCR)-Elimination al All Forms of Racial

Discrimination-The Declaration on Friendly Relations and Co-operation Among

States – Decolonization.

3. Regional Human Rights Instruments

European Convention on Human Rights (ECHR)- European Court of Human Rights

-European Social Charter-American Convention on Human Rights (ACHR)-Inter

American Commission & Inter American Court and African arrangement on Human

Rights.

4. Self-Determination

People‟s Rights of self determination- Peoples and Minority -The Principle of Equal

Rights and Self-determination of Peoples-The Selfhood of the People of Bangladesh-

Colonial Self-determination and the emergence of Bangladesh-Declaration of

Independence of Bangladesh Secessionist self determination of people versus the

territorial integrity of states- Legal grounds of Secession of Bangladesh from Pakistan

in the eye of International Law.

5. Human Rights in Islamic Law

Concept of human rights in Islam-Last Speech of the Prophet Muhammad (SM)-

6. Preventative Detention and Human Rights

Definition and necessity of Preventive Detention-Preventive detention & Punitive

detention -Preventive detention in Bangladesh.

7. Human Rights in Bangladesh

Fundamental Principles of State Policy-Fundamental Rights–Classification -

enforcement – Role of „Writ‟ in enforcing fundamental rights- classification of writ-

An assessment of the Special Powers Act of 1974 in the light of Human Rights

norms.

8. Contemporary Human Rights Violation Situations

Asia, Europe-North America-South Africa-Latin America-Middle East-External

Supported assistance for preventing violation of human rights.

9. Human Rights and NGOs

Classification – Role of NGO in preserving human rights- Bangladesh NGOs in

preserving human rights.

7

Books Recommended:

Brownlie Basic Documents on Human Rights, London:

Clarendon Press, 1971.

Buchheit L. Secrasion The Legitimacy of Self-determination, London, Yale

University Press. 1978.

Buergental, Thomas International Human Rights, Washington DC.

Gaji. M. International Protection of Human Rights, Geneva: E.

Droz, 1962.

Grawford J. The Creation of States in International Law, London:

Clarendon Press, 1979.

Joyce, A J A The New-Politics of Human Rights, London, Yale

University Press, 1973

Human Rights: International Documents, Vol. I–3,

New York: Uceana, 1979

Kalaya, A B Human Rights in International Law, New Delhi, 1986

Lauterpatch, H. International Law and Human Rights, London,

Gerland Pub. Ine 1972

Medougal M. H. Lasswell

and L. Chen,

Human Rights and World Public Order, London: Yale

University Press, 1980.

Moskoowitz. M. International Concern with Human Rights, New York:

Oceana, 1974.

Ramcharan Human Rights: Thirty Years after Universal

Declaration, London, 1979

Saxena J. Self Determination: From Biafra to Bangladesh, N.

Bombly: N.M. Tripathi, 1978

Umozuplke Self-determination in International Law, Archon

Books, 1972

Zamir, Muhammad Human Rights

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8

Course No. 505

Muslim Law of Succession

1. Introduction

Definition of Islamic Law-definition of a Muslim- characteristics of Muslim law of

succession- importance of succession law in Islam.

2. Various Schools of Islamic Law

Sunni School: (i. The Hanafi Shool ii. Maliki School iii. Shafei School iv. Humbali

School)- Shia School: (i. Ithna Asharia ii. Ismailia iii. Zaidiyya)- modern reforms of

shariah law.

3. Sources of Muslim Law of Succession

The Quran- arrangement of the Quran-compilation of Quran-subject matter of the

Quran; Sunnah or Hadith- distinction between Sunnah and Hadith- arguments in

favour of Hadith-classification of Hadith; Ijma or consensus of opinion; Qiyas or

analogical deduction; other subsidiary sources- istihsan or juristic equity- istislah or

public good-istidlal.

4. General Principles of Islamic Law of Inheritance

Excellence of Islamic law of inheritance- heritable property-opening of succession-

doctrine of representation- persons excluded from the right of inheritance- kinds of

heirs - primary and fundamental heirs- dual capacity-right of a divorcee to inherit

from the property of the husband who divorce during marz-ul-maut- degrees of

heirs- classification of the law of inheritance- right of succession of missing person

(mafkud)- right of an unborn child to inheritance-death in common calamity.

5. Wakf

Kinds of wakf-subjects of wakf-objects of wakf- creation of wakf- powers and

functions of the wakf administration under the Wakf Ordinance.

6. Will or Wasiyat

Concept of will-definition-object and purpose of wasiyat-qualification of a testator-

wasiyat during marz-ul maut- form of will-three main principles of will-obligatory

bequest-the rule of obligatory bequest in the Middle East.

7. Gift

Significance of gift-definition of gift-essential conditions of a valid gift-gift by

husband to wife-gift to a minor by father or other guardian-gift to donee in

possession- gift in favour of an unborn person-gift in favour of a child in the womb-

gift to a non Muslim- gift during Marz-ul-Maut (death illness)- revocation of gift-

hibabil iwaz-hibabil shartil iwaz-distinction- obligatory gift

8. Sunni Law of Succession

Explanation of some terms-classification of heirs- allotment of shares- doctrine of

awal-doctrine of radd- distant kindred- Muslim system of inheritance in Bangladesh-

comparison between the entitlement of Muslim men and women.

9. Reforms in the traditional system of priorities.

10. Grandfather And Collaterals in Competition.

11. Parents in competition with a spouse relict: (the Umariyyatan)

12. Germanes and uterines in competition: the “Case of the Donkey” or al-

Himariyya.

13. The effect of Tasib: The cases of the “Lucky and Unlucky Kinsman”.

9

14. Shia Law of Inheritance

Sharers and residuaries in Shia law-table of sharers- principles of distribution of

property-rules of succession-exceptions to the rules.

15. Recent Development in Law of Succession on wills and gifts and so on.

Books Recommended:

Abdur Rahim, AFM Institutes of Musalman Law, Calcutta, 1907

Ameer Ali, Syed The Law Relating to Gift, Trust and Testamentary

Disposition among the Mohammedans, Calcutta 1885

Mohammedan Law in 2 vols, Calcutta, 1929

Anderson, J N D Islamic Law in the Modern World, New York, 1919

Law Reform in the Muslim World, London, 1976

Baillie, Neil B E A Digest of Mohammedan Law, London, 1975

Coulson, N J Succession in the Muslim Family (London:

Cambridge), 1971

A History of Islamic Law, (Edinburgh: ), 1964

Fyzee, A A A Outlines of Mohammedan Law, London, 1954

Cases in the Mohammedan Law of India and Pakistan,

Oxford, 1965

Ghose, A C Dissolution of Muslim Marriages Act, 1939, Calcutta,

1962

Mahmood, Tahir Family Law Reform in the Muslim World, New Delhi,

1972

Serajuddin, Alamgir

Muhammad

Shari’a Law and Society: Tradition and Change in the

Indian Sub-continent, Dhaka, 1999.

Shaukat, Mahmood Muslim Family Laws Ordinance, Lahore, 1969

Uddin, Muhammad Faiz A Text Book on Islamic Law (including Statutory

Family Law, Shams Publications First Edition April,

2008

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10

Course No. 506

Law on Good Governance 1. Introduction

Meaning and Importance of Law on Good Governance- Concept of Good

Governance-Development of Good Governance Law- Basic Tenants of Good

Governance- Transparency, Accountability, Empowerment and Participation, Rule of

Law, Decentralization, Fair and Independent Judiciary, Effective Parliament,

Ombudsman, Anti Corruption Commission, National Human Rights Commission,

Civil Society etc-Challenges of Good Governance in Bangladesh

2. Decentralization in Bangladesh

Concept of Decentralization- Decentralization vs. Autonomy, Decentralization vs.

Centralization-Decentralization in Development sector- Administrative

Decentralization- Political Decentralization- Financial Decentralization- Legal

Mechanism of Decentralization

3. Empowerment and Participation

Concept of Empowerment and Participation (Gender Based Participation and

Marginalized People Participation)-Gender Based Participation: Participation in

Political Sector, Participation in Development Sector, Policy and Legal Framework of

Gender Participation, Judicial Trends - Marginalized People Participation:

Participation in Political Sector, Participation in Development Sector, Policy and

Legal Framework of Marginalized People‟s Participation, Judicial Trends

4. Transparency and Accountability

Concept of Transparency and Accountability- Mechanism of Transparency and

Accountability- Bureaucratic and Political Transparency and Accountability- Right to

Information - Concept of Free Press and Legislative Limitations- Counter Measure

for Accountability and Transparency

5. Rule of Law

Component of Rule of Law- Rule of Law and Good Governance

6. Fair and Independent Judiciary

Concept of Fair and Independent Judiciary- Component of Independent Judiciary-

Role of Independent Judiciary in Good Governance

7. Corruption and Anti Corruption Commission

Impact of Corruption in Enforcement of Rule of Law and Fair Justice- Anti

Corruption Legal Framework in Bangladesh- Role of Anti Corruption Commission to

Combat Corruption- Judicial Process to Combat Corruption

8. Parliamentary Mechanism to Ensure Good Governance

Role of Parliament in Governance- Parliamentary Democracy and Oversight

Mechanism- Present Challenges of Parliament on the Way to Ensure Good

Governance

9. Civil Society

Concept of Civil Society in Modern Context- Role of Civil Society in Governance-

Democratization Process and Civil Society

10. Non State Actors as a Mechanism to Ensure Good Governance

11

Books Recommended:

Ali Akkas, Sarkar Independence and Accountability of Judiciary,

(Dhaka: Centre for Rights and Governance, 2004)

Barenstein, Jorge Overcoming Fuzzy Governance in Bangladesh (Dhaka

: UPL , 1994)

Chopra, S.K. (ed.) Towards Good Governance, (Delhi: Konarak

Publishers, 1997)

Hye, Hasnat Abdul (ed.) Governance- South Asian Perspectives, (Dhaka:UPL,

2000)

Islam, Mohammad Johurul “Good Governance and the Role of Parliament in

Bangladesh: Challenges and Prospects,” Unpublished

Ph.D. Thesis, Department of Law, Islamic University,

Kushtia, 2005.

Islam, Dr. Mohammad

Johurul

“Introduction to the Law on Good Governance in

Bangladesh”, (yet to be published)

Panandiker, V.A. Pai (ed.) Problems of Governance in South Asia, (Dhaka: UPL,

2000)

Rahman, Mizanur Human Rights and Good Governance, (Dhaka:

ELCOP, 2004)

Siddiqui, Kamal Towards Good Governance in Bangladesh, (Dhaka:

UPL, 1996)

Silva, De KM (ed.) Problems of Governance, (Delhi: Konarak Publishers,

1993)

Sobhan, Rehman Problems of Governance in Bangladesh, (Dhaka :

UPL , 1993)

Verma, S and Kim, J The Modes of Democratic Participation, (London:

Sage Publications, 1971)

Wood, G Good Governance in Bangladesh, Exploring the Link

between Governance and Poverty Elimination,

(University of Bath: Centre for Development Studies,

1998)

World Bank Corruption in Bangladesh- Cost and Cures, (Dhaka:

World Bank, 2000)

The Constitution of the People‟s Republic of

Bangladesh, 1972

Local Governance Laws and Regulations

Civil Service Laws and Regulations

Laws Relating to Corruption in Bangladesh

International Convention on Prevention of Corruption

12

Course No. 507

International Humanitarian Law

1. Introduction

Historical background-origin and development of IHL with reference to South

Asian perspective- definition and purpose of IHL-IHL as a branch of international

law-fundamental distinction between jus ad bellum and jus in bello-sources of

IHL-Development of the 1949 Geneva Conventions and 1977 Additional

Protocols- fundamental rules of IHL-definition of armed conflict-international vs.

non international armed conflicts- categories of persons under IHL.

2. Protection of Victims of Armed Conflict

General obligations of humane treatment-rights and obligations of occupying

powers- combatant status- protection of prisoners of war.

3. IHL and International Human Rights Law

Difference and Complementary-application of IHL by human rights law.

4. Controlling the Means and Methods of Warfare

General limitations on the conduct of war-civilians and the rules of distinction-

international law of disarmament vs. IHL weapons prohibitions and restrictions-

protection of cultural property and the natural environment.

5. IHL Applicable to Non-International Armed Conflict

Application of common Article 3 of the Geneva Conventions- Legal situation of

belligerents during Non-International Armed Conflict.

6. Implementation and Enforcement of IHL

Implementation of IHL and the responsibility of states-state responsibility for

violations of IHL- War Crimes Tribunals and other international enforcement

mechanisms- domestic courts and tribunals- problems with enforcement of IHL at

the National and International level.

7. International Committee of the Red Cross

Role of ICRC in the development and implementation of IHL-the emblem of the

ICRC-provision on dead and missing-the other emblems concerning protection in

specific contexts: cultural property, civil defence, installation containing

dangerous forces, flag of truce.

8. ICC and IHL

The advisory opinion on the legality of the threat or use of nuclear weapons.

9. International Responsibility

13

Compensation-Reprisals and their limits- responsibility of individuals for war

crimes- concept and contents of war crime-prosecution of war crime-universal

state jurisdiction

Books Recommended:

Balachandran, M.K (ed.) Introduction to International Humanitarian Law,

ICRC, New Delhi, 1997

Bello, Emmanuel African Customary Humanitarian Law, Geneva, 1980

Cassese A (ed.) The Humanitarian Law of Armed Conflict, Nepal,

1979

Dinstein, J The Conduct of Hostilities under the Law of

International Armed Conflicts, Cambridge University

Press, Cambridge, 2004

Gasser, Hans-Peter Prohibition of Terrorist Acts in International

Humanitarian Law, International Review of the Red

Cross, 1986

Henckaerts J.M and

Doswald Beck

Customary International Humanitarian Law,

Cambridge University Press, ICRC, Geneva 2005

Pictet J. Development and Principles of International

Humanitarian Law, Geneva, 1985

Sassoli M and A A Bouvier How Does Law Protect in War?, vol. I, II, 2nd

ed,

ICRC, Geneva, 2006

International Law Concerning the Conduct of

Hostilities, Geneva, 1996

Respect for International Humanitarian Law, Geneva,

1999

14

Course No. 508

Principles of Civil Litigation

1. Introduction: Nature of Civil Procedure – system of trial and procedure in

Bangladesh – minimum requirement for procedural rules – definition of

litigation –contrast between civil and criminal litigation and procedures effect of

difference between civil and criminal procedure.

2. Nature of Civil Litigation: Legal aspect – non-justifiable disputes or questions

– character of litigable disputes – summary, disposal of non-litigable disputes –

preventive justice; social and economic aspects – social pressures against

litigation – social interest in litigation.

3. Structure and organization of civil Courts – Principles for organization,

centralization and decentralization – special jurisdiction courts- appellate courts.

4. Pre-trial Procedure: Commencement of proceedings – parties – cause of action

– claim and counter claim interpleaded suits Discovery and interrogatories –

commissions – local inquiry and investigation; Interlocutory matters – framing

of issues – adjournments – preparation of a case – no surprise at the times of trial

– control by the Court over proceedings; Procedure at trial- presentation of the

case – Court sponsored pre-trial mediation.

5. Post Trial Stage: Appeals and Execution – procedure for appeal – review –

remand and revision organization and jurisdiction – limits of jurisdiction for

executing court – restitution – simplification of the procedure.

6. Costs: Cost should follow the event – compensatory costs – justification for

costs – legal aid for litigants.

7. Suits in Particular Cases: Special procedures.

8. Suits by or Against Government officials – aliens – foreign rulers and envoys –

minors – persons of unsound mind representative suits – pauper suits.

9. Remedies in Civil Litigations: Declaration – recovery of money – recovery of

possession – rectification – cancellation of documents – specific performance –

injunctions – arrest detention and imprisonment – attachment and sale of

property.

10. Civil Litigation before tribunals (other than law courts):

Nature and jurisdiction of statutory tribunals – procedures before tribunals –

Nature of statutory jurisdiction, arbitration, supervisory jurisdiction of courts

over tribunals.

11. Role of judges and lawyers in the process of adjudication –legal profession –

legal education – public participation in the process of administration of civil

justice – judicial activism – Public Interest Litigation (PIL).

15

Books Recommended:

J. A. Jolowicz –On Civil Procedure, Cambridge University Press

I. H. Jacob – International Perspective on Civil Justice

Joseph M. Jacob – Civil Justice in the Age of Human Rights, Ashgate, 2006.

C. Sinha – Indian Judiciary in Making

D. F. Mulla – Civil Procedure Code (vol. I &II)

Rao – Civil Procedure Code

Fazal – Judicial Control of Administrative Actions (Selected chapters)

Mulla & Pollack – Specific Relief Act

Supreme Court Rules

Civil Rules and Orders (CRO)

H. M. Islam Code of Civil Procedure

The Civil Court Manual

16

Course No. 509

Intellectual Property

A. Patent

General provisions; Patent office; Patentability; Right to patent; Naming of inventor

Patent Application; Examination of Application; Grant of patent; Rights and obligations

of owner of patent; Duration of patent and Annual fees; Contractual licenses; other kinds

of patents; Infringement & Remedies.

B. Trademarks

Definition of Trademarks, Functions of Trademarks; Economic importance of

Trademark; Reasons for protecting trademarks; Equitation of Trademark Rights;

Infringement of Trademarks; Forum for Redress.

C. Copyrights

Origin and development of copyright Law; Standards of copyright ability;

Copyrightable subject matter; Non-copyrightable subject matter Rights protected by

copyright. The general exclusive rights; Procedures for obtaining copyright; Ownership

and conveyancing of copyrights.

Ownership and conveyancing of copyrights; Copyrights infringement; Fair use,

Remedies.

Enacted laws, International conventions and recommended Book for reference.

Economic Tort:

Nature of Economic Tort-Unlawful means-Conspiracy Interference with contrace –

Unlawful competition.

Enacted Laws:

Patents and Design Act, 1911

Patents and Design Rules, 1963

Trademarks Act, 1940

Trademarks Rules, 1962

Copyright Act, 2000

Universal copyright conventions, 1952

International Convention:

Paris Convention for the Protection of Industrial Property of March 20, 1883. Madrid

Agreement Concerning the International Registration of Marks of April 4, 1891. Berne

convention for the protection of literary and Artistic works of 1866. Universal Copyright

Convention, 1952 (Concluded in Geneva).

Books Recommended: 1. P. Narayanan – Intellectual Property Law, Eastern Law House, India.

2. Abdul Wahid Chandhury- Manual of Trademarks, Merchandise & Patent & Design 2000;

Nadeem Law Book House, Lahore.

3. Blanco white, T.A. – Law of Trademarks & Trade names, 1966, W Sweet and Maxwell,

London.

4. Bogsch, Arped – Universal copyright convention, an analysis and commentary, New York,

Booker, 1956.

5. Heydon J. C. Economic Tort, Butter Worth, Australia.