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Intellectual Property

By Yogesh Pai   |   National Law University Delhi. Dwarka Sector 14 Delhi - 110078
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
Copyright –Civil and Criminal; Trademark Law- Civil and Criminal.

The course will also contain assignments. 

Learners enrolled: 1077

SUMMARY

Course Status : Ongoing
Course Type : Elective
Duration : 15 weeks
Start Date : 13 Jan 2020
End Date : 26 Apr 2020
Exam Date : 10 May 2020
Enrollment Ends : 08 Mar 2020
Category :
  • Law
  • Level : Postgraduate

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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

    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.

    1.      

    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.

    COURSE CERTIFICATE

    30 percent in internal assessment and 70 percent from term end proctored examination 


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