Intellectual Property

By Yogesh Pai | National Law University Delhi. Dwarka Sector 14 Delhi - 110078

Learners enrolled: 1077

The course curriculum covers a wide but definitive areas of study that involve fundamentals of IP, historical origins and international obligations, economics of IP, justifications, nature of subject-matter, criteria for protection, term, rights, assignment and licensing, defences, limitations, exceptions, public interest considerations, remedies and enforcements. The course will also contain topics that involve the interface of IP with areas such as human rights and competition law and policy.

Specifically, the course curriculum will contain the following:

Introduction to Intellectual Property: A Conceptual Primer; Universal Origins of Intellectual Property; Theoretical Justifications for Intellectual Property; Economics of Intellectual Property: Innovation and Creativity - Policy Linkages; Legal Principles of International Intellectual Property Regime: Introduction to TRIPS; Intellectual Property and Interface with Fundamental Freedoms; TRIPS and Public Health: Challenges for Access to Medicines; Intellectual Property and Competition Law- a primer; Concept of Invention, Novelty, Inventive Step and Industrial Application and Disclosure

Pharmaceutical Patents- Subject Matter Exclusions; Biotechnology Patents- Subject Matter Exclusions;

Software and Business Methods Patents; Patents, Traditional Knowledge and Biodiversity; Originality requirement in Copyright Law; Subject-matter requirement in Copyright Law Neighbouring/ Related Rights; Trademarks- Concept of Distinctiveness and grounds for refusal of trademarks registration; Trademarks- Challenges in Non Conventional Marks and Domain Names Disputes; Well Known Marks;

Industrial Designs: Definition of a design; Concept of Novelty and Originality; designs not patentable; - Functional Designs; Trade secrets- conditions of protection; Geographical Indications- substantive conditions for registration; Plant Variety Protection – conditions of registration; Other Kinds of Intellectual Property; Economic and Moral Rights of Authors; Copyright in the Digital Context; IP Assignment and Licensing; Patent Rights- limited exceptions; Copyright- fair dealing

Limitations on Rights of Trademarks Owners; Principles of IP Exhaustion

Patents- Compulsory Licensing /other uses without authorization; Copyrights- Statutory and Compulsory Licensing; Patent Infringement

Copyright Infringement; Trademark Infringement and Passing-off; Ambush Marketing and Comparative Advertising; Nature of Remedies in IP Law; Patent law-remedies

The course will also contain assignments.

Summary

Course Status :	Completed
Course Type :	Elective
Language for course content :	English
Duration :	15 weeks
Category :	Law
Credit Points :	4
Level :	Postgraduate
Start Date :	13 Jan 2020
End Date :	26 Apr 2020
Enrollment Ends :	08 Mar 2020
Exam Date :	10 May 2020 IST

Note: This exam date is subject to change based on seat availability. You can check final exam date on your hall ticket.

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Course layout

Week 1

Introduction to Intellectual Property: A Conceptual Primer
Universal Origins of Intellectual Property
Theoretical Justifications for Intellectual Property
Economics of Intellectual Property: Innovation and Creativity - Policy Linkages

Week 2

Legal Principles of International Intellectual Property Regime: Introduction to TRIPS
Intellectual Property and Interface with Fundamental Freedoms
TRIPS and Public Health: Challenges for Access to Medicines
Intellectual Property and Competition Law- a primer

Week 3

Concept of Invention, Novelty, Inventive Step and Industrial Application and Disclosure
Pharmaceutical Patents- Subject Matter Exclusions
Biotechnology Patents- Subject Matter Exclusions

Week 4

Software and Business Methods Patents
Patents, Traditional Knowledge and Biodiversity

Week 5

Originality requirement in Copyright Law
Subject-matter requirement in Copyright Law
Neighboring/ Related Rights

Week 6

Trademarks- Concept of Distinctiveness and grounds for refusal of trademarks registration
Trademarks- Challenges in Non Conventional Marks and Domain Names Disputes
Well Known Marks

Week 7

Industrial Designs: Definition of a design; Concept of Novelty and Originality; designs not patentable; - Functional Designs
Trade secrets- conditions of protection
Geographical Indications- substantive conditions for registration

Week 8
Revision and Assignment Week One to Seven Assignment and activities

Week 9

Plant Variety Protection – conditions of registration
Other Kinds of Intellectual Property

Week 10

Economic and Moral Rights of Authors
Copyright in the Digital Context
IP Assignment and Licensing

Week 11

Patent Rights- limited exceptions
Copyright- fair dealing
Limitations on Rights of Trademarks Owners

Week 12

Principles of IP Exhaustion
Patents- Compulsory Licensing /other uses without authorization
Copyrights- Statutory and Compulsory Licensing

Week 13

Patent Infringement
Copyright Infringement
Trademark Infringement and Passing-off
Ambush Marketing and Comparative Advertising

Week 14

Nature of Remedies in IP Law
Patent law-remedies
Copyright –Civil and Criminal
Trademark Law- Civil and Criminal

Week 15
Revision and Assignment Week Nine to Fourteen Assignment and activities

Books and references

1. WIPO, Fields of Intellectual Property Protection

2. WIPO, Introduction to Intellectual Property

3. WIPO, What is Intellectual Property

1. Ronan Deazley, Martin Kretschmer, Lionel Bently, Privilege and Property: Essays on the History of Copyright (Open Book Publishers 2010).

2. Benedict Atkinson and Brian Fitzgerald, A Short History of Copyright: The Genie of Information (Springer 2014).

3. Sidney Diamond, 'Historical Development of Trademarks, (1983) 73 Trademark Representative 222.

Instructor bio

Yogesh Pai

National Law University Delhi. Dwarka Sector 14 Delhi - 110078

Asst. Prof. Yogesh Pai specializes in intellectual property (IP) law and has cross-cutting research interests at the interface of IP with competition, trade and economic policy. He is currently the Co-Director of Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University Delhi. Yogesh is the Thomas Edison Fellow (2017-18) at the George Mason University, Washington D.C.

Before joining NLU, Delhi, Yogesh was coordinator of the Ministry of Human Resource Development Chair on IPR at NLU, Jodhpur. He was also the faculty-in-charge of ‘Trade Law and Development’ rated among the top in the international trade worldwide. His international work experience (between 2007 and 2008) involved working with the South Centre, Geneva. He has previously worked with Centad, New Delhi, and also taught as a guest faculty at Indian Law Institute, New Delhi.

In the fall of 2012, Yogesh visited the School of Law, University of Washington as the Asian Law Centre short-term Visiting Scholar. Yogesh is on the roster of consultants with the World Trade Organisation for Regional Trade Policy Courses (RTPC) and a Tutor with the WIPO Academy Diistance Learning Programme. He was selected to attend the WIPO-WTO Colloquium for Teachers of Intellectual Property-2012 in Geneva.

Yogesh has been a speaker on intellectual property issues on different occasions in India and abroad. Among his distinguished academic paper presentations were at the Intellectual Property Scholars Conference (New York 2017); ACRIALA - IPSA, Singapore Management University (2016, 2017); Centre for Asian Legal Studies, NUS, Singapore (2015); ENAPID VI- Salvador, Brazil (2014); Society of International Economic Law, Singapore (2012) and Bern (2014); American Society of International Law- International Economic Law Interest Group Biennial Conference, Washington DC (December, 2012); Asian Society of International Economic Law, Seoul, Korea (2013), ASLI Conference Bangalore (2013) and Kuala Lumpur (2014)), and at the Department of International Development, University of Oxford (2008). Yogesh has published in national and international peer-reviewed/ referenced journals like Oxford Journal of Antitrust Enforcement; Journal of World Intellectual Property (JWIP); Journal of Indian Law Institute, Journal of Intellectual Property Rights, Journal of Indian Society of Internatiional Law, NUJS Law Review, Jindal Global Law Review etc. He has book chapters published with Cambridge University Press, Oxford University Press, Cambridge Scholars Publising, Edward Elgar and Springer.

In 2013, Yogesh was nominated as a legal member in a committee constituted by the Ministry of Health, Government of India, for invoking provisions of compulsory licensing under the Patents Act, 1970, in the context of affordable healthcare. Yogesh was also the member of an expert committee constituted by the Ministry of Commerce to study the need for utility models in India (2013). He was also part of the Committee for Evaluation and Continuation of the Scheme of Promotion of Copyright and IPR Beyond the 12th Five Year Plan (2012- 2017) constituted by the DIPP, Ministry of Commerce. Yogesh is currently finishing Ph.D. in law (part-time), where he is studying regulation of standards-essential patents. Yogesh is also interested in reforms in Indian legal education.