Second Year LLM Degree Program Syllabus

Third Semester

I.	Human Rights Branch
1.	Human Rights Paper - I
	1.	Human Rights Concept, Nature, Origin and Development, Importance.
	2.	International Movements for protection of Human Rights U. N. and Regional Organizations Europeans Commission and Courts on Human Rights.
	3.	U. N. Declaration on Human Rights Civil and Political Rights and Social and Economic Rights International Instruments.
	4.	Violence against Women in Public and Private life as Human Rights issue.
	5.	International regime of enforcement of Human Rights Machinery and procedure.

2.	Human Rights Paper - II
	Human Rights and the Indian Legal System.
	1.	Human Rights and the Indian Constitution Part III and Part IV of the Constitution.
	2.	Human Rights of disadvantaged groups of people like women, children, minorities etc. and the Indian Statute Law, in historical perspective.
	3.	Human Rights and Enforcement Agencies like the Police and Excise Prevention of abuse of rights.
	4.	Human Rights and Judiciary.
	5.	Human Rights and preventive laws like TADA and NDPS and POTA Act.
	6.	The binding force of International Conventions under the Constitution and the approach of the Supreme Court of India.

3.	Human Rights Paper - III
	International Refugee Law and Humanitarian Law.
	1.	Definition, origin, and historical development of refugee law.
	2.	Limitation and methods of use of force International Instrument and Institution on refugee law.
	3.	Humanitarian law in internal armed conflict and international armed conflicts Conventions and customary law Geneva Conventions 1949.
	4.	Application and implementation of Humanitarian law and Refugee law Internationally displaced persons.
	5.	Incorporation of international norms in domestic laws and practice Indian Military Law- Training of armed personnel - International Committee of Red Cross Society.

4.	Human Rights Paper - IV
	Science, Technology and Human Rights
	1.	Scientific and Technological Researches Impact on Ethics, Morality and Human Rights.
	2.	Development vis a vis Human Rights Conflicts, Confrontation and Resolution.
	3.	Freedom of information, Freedom for Scientific Research, Controls and constraints.
	4.	Intellectual Property Rights International dimensions, Protection of Economic and Social rights of indigenous people.
	5.	Role of Judiciary in the dialogue among Science, Technology, Human Rights and law.
	6.	Limitations on the Right to Information under Information Technology Laws The approach of the Judiciary.

Fourth Semester

I.	Intellectual Property Rights Branch
1.	Intellectual Property Rights Paper - I
	1.	International Copyright Protection
		a.	Define concept and scope of industrial dispute.
		b.	Rome Conventions for Protection of Producers of Phonograms and Broadcasting Organizations 1961.
		c.	Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms, 1971.
		d.	Brussels Convention relating to the Distribution of Programme carrying signals transmitted by Satellites, 1974.
	2.	International Protection of Industrial Property Rights Paris Conventions for the Protection of Industrial Property, 1883.
	3.	International Agencies and Intellectual Property
		a.	World Intellectual Property Organization (WIPO).
		b.	United Nations Educational, Scientific and Cultural Organization.
		c.	United National Conference on Trade and Development.
	4.	WIPO Copyright Treaty (20 December 1996).
	5.	Convention on Biological Diversity.
	6.	European Patent Conventions, 1973.
		WIPO Performances and Phonograms Treaty (20 December 1996).

BOOKS RECOMMENDED
1.	Michael Blakeney	: Trade Related Aspects of Intellectual Property Rights : A Concise Guide to the Trips Agreement.
2.	Paul Torremans	: Intellectual Property Law
3.	Cornish W. R.	: Intellectual Property.

2.	Intellectual Property Rights Paper - II
	Copyright, Trademarks, Industrial Designs and Information Technology.
	1.	The Indian Copyright Act, 1957.
		a.	Rights of Authors.
		b.	Ownership in Copyright.
		c.	Rights conferred under Copyrights.
		d.	Rights of Broadcasting Organizations and of Performers.
		e.	Assignment.
		f.	Infringement of Copyright.
	2.	Trademarks
		The Trade and Merchandise Marks Act, 1958.
		a.	The Trade Registry and Register of Trade Marks.
		b.	Property in a Trade Mark and Registration of Trade Marks.
		c.	Deceptive similarity.
		d.	Assignment and transmission.
		e.	Licensing of Trade Marks and Registered users.
		f.	Rectification of Register.
		g.	Infringement, Threat and Trade Libel.
		h.	Good will.
		i.	Passing off.
		j.	Offences and Penalties.
	3.	Industrial Designs Act 2001
		a.	Nature of Industrial Designs.
		b.	Subject matter of Industrial Designs.
		c.	Rights conferred by Designs.
		d.	Terms of Designs.
		e.	Remedies for Infringements.
	4.	Information Technology Act, 2001 - Salient features.

BOOKS RECOMMENDED
1.	Prabudh Ganguli	: Gearing up for Patents.
2.	Prabudh Ganguli	: Intellectual Property Rights
3.	P. Narayanan	: Intellectual Property Law
4.	Wadhera B. L.	: Patents, Trademarks, Designs and Geological Indications.
5.	Cornish P.	: Intellectual Property Law

3.	Intellectual Property Rights Paper - III
	International Protection of IPR
	1.	The International Trade Organization and the events leading to the creation of GATT, 1947.
	2.	The GATT, its working and salient features.
	3.	Negotiating history of the WTO, the Drunkel Draft and the Agreement stabilizing the WTO 1994.
	4.	Agreement on Agriculture.
		a.	Agreement on Textiles and Clothing.
		b.	Agreement on Import Licensing Procedure.
		c.	The Agreement on Safeguards.
		d.	General Agreement on Trade in Services.
	5.	The Agreement on Trade related aspects of Intellectual Property Rights General provisions and basic principles Objectives and principles.
	6.	Protection of Specific Intellectual Property Rights under TRIPS.
		a.	Copyrights and related Rights.
		b.	Trademarks.
		c.	Geographical indications, protection plant, varieties.
		d.	Industrial Designs.
		e.	Patents.
		f.	Layout Designs.
		g.	Undisclosed information.
		h.	Control of anti-competitive Practices in Contractual Licenses.
	7.	Enforcement of Intellectual Property Rights.
		a.	Civil and Administrative procedures and remedies.
		b.	Provisional measures.
		c.	Special requirements related to border measures.
		d.	Dispute prevention and settlements.
	8.	Rules and procedure governing the settlements of disputes.
	9.	Role of Intellectual Property in economic development.

BOOKS RECOMMENDED
1.	M. B. Rao	: WTO and International Trade.
2.	Michael Balkeney	: Trade Related aspects of Intellectual Property Rights : A Concise Guide to the Trips Agreement.

4.	Intellectual Property Rights Paper - IV
	1.	International Property Rights – Concepts, Definitions and Institutions.
	2.	Protection of Intellectual Property in India - The Patents Act, 1970 and the Patents (Amendments) Act, 1999.
		a.	The meaning of Patent.
		b.	How to obtain a patent.
		c.	Specification.
		d.	Opposition to Grant of Patent.
		e.	Register of Patent and Patent Office.
		f.	Rights and obligations of a patentee.
		g.	Transfer of Patent Rights.
		h.	Compulsory Licenses and Licenses of Right.
		i.	Revocation and surrender of Patents.
		j.	Infringement of Patents and penalties.
	3.	Bio- Diversity Act - 1999.
		a.	Objectives of the legislation.
		b.	Principles of Bio-diversity.
		c.	Protection of Bio-diversity as a Sovereign Right.
		d.	Mechanism of Monitoring Bio-diversity.
		e.	Remedies for infringement.
	4.	Protection of Plant Varieties and Farmers Rights Act, 2001.
		a.	Objectives of the legislation.
		b.	Conceptualization of Plant varieties, breeding, culture, farmers rights etc.
		c.	Period of protection.
		d.	Infringements.
	5.	Geographical Indications Act, 2001.
		a.	Objectives of the Act.
		b.	Protection of Geographical Indications.
		c.	Authorities for monitoring protection.
		d.	Remedies for infringements.

BOOKS RECOMMENDED
1.	B. L. Wadera	: Patents, Trademarks, Copyrights, Designs and Geographical indications.
2.	P. Narayanan	: Intellectual Property Law
3.	Cornish P.	: Intellectual Property Law
4.	Prabudh Ganguli	: Gearing up for Patents
5.	Prabudh Ganguli	: Intellectual Property Rights

II.	Criminal Law
1.	Crime and Amimistration of Criminal Justice Paper - I
	1.	Crime – Causes of crime, Concept of criminal jurisprudence.
	2.	Administration of Criminal justice –Organizational hierarchy of criminal courts; jurisdiction, prosecution, police, FIR, charge sheet –withdrawal of crime prosecution.
	3.	Arrest – interrogation –rights of the accused-right of counsel-right to bail-witness protection, hostile witness –perjury.
	4.	Trial procedure- accusatory system and inquisitorial system –pre trial procedure-Law of Evidence –narco analysis ,evidentiary value of statement ,articles seized and admissibility and inadmissibility of evidence, expert evidence – directions for criminal prosecution (PIL).
	5.	Plea bargaining – preventive detention law, protection of public peace/ order – specific enactments- TADA & POTA – Essential Services Maintenance Act.

2.	Penology and Treatment of Offenders Paper - II
	1.	Definition of Penology –Historical and temporary approaches to penology.
	2.	Theories of Punishment :
		a.	Utilitarian prevention : Deterrence.
		b.	Utilitarian Intimidation.
		c.	Behavioral prevention : Incapacitation.
		d.	Behavioral prevention : Rehabilitation.
		e.	Classical Hindu and Islamic approaches to punishment.
	3.	Approaches to Sentencing – Probation – Parole –Corrective labour – fines –bail-bonds- collective fines- reparation by offenders/ by court.
	4.	Juvenile Delinquency – factors – response – JJ Act 2000 – JJ Board – Welfare Board – Constitutional aspects – Neglected and Delinquent –care and protection.
	5.	Sentencing –types of sentences in IPC and special laws – sentencing for habitual offenders –white collar crimes – pre-sentence hearing – summary punishment- capital punishment( constitutionality ,judicial attitude).
	6.	Victimology and compensation- state of jails – reforms – classification of prisoners – rights of prisoners-open prison.

3.	Privileged Class Deviance Paper - III
	1.	Privileged class deviance-meaning, nature and pressures-Typical forms of such deviance - Official deviance (deviance by legislators, judges, bureaucrats), Professional deviance :
		(journalists, teachers, doctors, lawyers, engineers, architects and publishers) –conception of white collar crimes , hi-tech crimes – cyber crimes- economic crime –politics and crimes.
	2.	Official Deviance :
		Conception of official deviance - permissible limit of discretionary powers –principles of natural justice –Commission Reports (The Chagla Commission Report on LIC-Mundhra Affair, The Das Commission Report on Pratap Singh Kairon ,The Grover Commission Report on Dev Raj Urs, The Maruti Commission Report, The Ibakkar - Natarajan Commission Report on Fairfax.
	3.	Police Deviance :
		Structures of legal restraint on police powers in India -Unconstitutionality of "third-degree" methods and use of fatal force by police -"Encounter" killings - Police atrocities and Custodial violence , The plea of superior orders ,Rape and related forms of gender-based aggression – National Police Commission.
	4.	Professional Deviance :
		Unethical practices at the Indian bar, Medical malpractice, Yellow journalism ,The Lentin Commission Response.
	5.	Response of Indian Legal Order to the Deviance of Privileged Classes :
		Vigilance Commission, Right to Information ,Public Accounts Committee, Ombudsman, Commissions of Enquiry, Prevention of Corruption Act, Information Technology Act.

4.	Law and Organized Crime Paper - IV
	1.	Conception –reasons for organized crime – crime cartels- Mumbai Underworld cartels – International cartels – State sponsored crimes- international crime syndicate.
	2.	Drug Addiction – trafficking – narcotics substances – National and International approaches in drug abuse – IPC provisions – NDPS Act 1985.
	3.	Prostitution – causes and concerns – International responses – Prevention of Immoral Traffic Act – IPC – Cyber Prostitution – Internationalization of the flesh trade.
	4.	Collective violence – Naxal problems – causes and concerns – tribal rebellion – Dalit struggle – Atrocities – Telangana struggle.
	5.	Violence against women – domestic violence – workplace violence – male dominated atrocities.
	6.	Communal violence in India – background, reasons, solutions, problems in the legal system, role of police and operation of criminal justice system – Godhra findings of various Commission reports.
	7.	Politically organized crimes – during the Cold War period – LTTE raise to political outfit – Terrorism – challenges.

III.	Labour Law Branch
1.	Law relating to Industrial Relations Paper - I
	1.	History of trade union- Trade Union Act 1926—Recognition of trade union –Affiliation of unions to political parties – Multi –Unionism –Policies towards workers participation in Management—Liberalization and Industrial Relations in India.
	2.	Collective Bargaining – Process of Collective Bargaining- Perquisites for Collective Bargaining-strikes/Lock out (pen-down, tool down, go slow, work to rule, stay in sit in, picketing)- Gherao-Law relating to Collective Bargaining.
	3.	Arrest – interrogation –rights of the accused-right of counsel-right to bail-witness protection, hostile witness –perjury.
	4.	Industrial Disputes Act- Lay off-Retrenchment –Compulsory retirement- Voluntary retirement –Superannuation.
	5.	Industrial Dispute Resolutions-Methods –Conciliation Officers –Board of Conciliation- Legal Status of Conciliation Settlements- Voluntary Arbitration-Arbitration under the Industrial Dispute Act-Compulsory Adjudication- Power of Reference- Reference by Government- Industrial Tribunal –National Tribunal –Status, power, awards - Judicial review.
	6.	Concepts of Globalised Economy and Labour legislations (Problems and Perspectives).

2.	Law relating to Labour Welfare Paper - II
	1.	Constitution and Labour Welfare – Right to work – Bonded labour—Child labour- Special provision for women and children –Law relating to protection of women in work place - International Conventions.
	2.	Minimum wages—Types and kind of wage—Wage determination – Theories of wage –Payment of wages-Bonus- Dearness allowance- Basic wage- Other wage (HRA, CCA, LTC., leave encashment, overtime allowances, cash incentives, conveyance allowance) National Wage Policy- Payment of Wages Act- Denial of minimum wages as forced labour.
	3.	ILO standard for labour - International Convention for Labour Welfare- UDHR-ICCPR.
	4.	Labour and Human Rights- Equality of Opportunity in Employment- Equal pay for equal work – Equal Remuneration Act – Maternity Benefits- Shops and Establishment.
	5.	Unorganized sector and Labour Laws- Agricultural labourer (Concept, exploitation, tribal labour in forest settlements, Plantation Labour Act. Political movements, Agrarian reforms) – Migrants sale promotions- Small Scale Industries – Beedi and cigar- Construction Labour-Ship breaking –Cracker industry-Employment Guarantee Scheme.

3.	Law relating to Industrial injuries and Social Security Paper - III
	1.	Workmen’s Compensation- From Compensation to Insurance—Judicial Interpretation of the expression ‘arising out of’ and ‘in the course of employment’- Employees State Insurance Act 1948.
	2.	Fatal Accidents Act, 1857 – Motor Vehicle Compensation Law—Employer Liability Act 1935.
	3.	Industrial Safety—Factories Act – Environmental destruction- Bhopal and Shriram Gas Leak.
	4.	Occupational Health and Industrial Injuries –Old age, sickness and disablement – Hazardous employment- Employers liability- Medical Insurance- Public Liability Insurance Act 1991.
	5.	Social Security- Five Year Plan- National Commission on Labour- PF, Pension and Gratuity-Mining worker-Social Security for unorganized labour –Employees Stock Option- Workers Co-operatives.

4.	Law relating to Service Regulation Paper - IV
	1.	Service Law-Recruitment procedure- Rules- Agencies- Employment Exchange.
	2.	Conditions of Service- Terms- Central Civil Service Rules- State Civil Service Rules-Pay Commission – Fixation of Pay and other allowances – Law relating to Civil Servants/Rules –‘Doctrine of pleasure.
	3.	Contractual employment-Concept – Security of tenure- Employment Act.
	4.	Misconduct and discipline of the employees- Major and minor misconduct-File noting- Confidentiality of Adverse remarks- Internal appeal mechanism – Inquiry- procedure –Punishment- Managerial prerogative- Transfer, long leave- Standing Order.
	5.	Judicial Review- Central Administrative Tribunals- State Administrative Tribunals –Powers and Functions – Appeal provisions.

Contact Information

The Principal
V.M. Salgaocar College of Law,
Miramar - Panjim, Goa,
403 001 - India.
Phone: +91-832-462225
Fax: +91-832-421571
Email: principal@vmslaw.edu