Intellectual Property

By Dr. Yogesh Pai | National Law University, Delhi

Learners enrolled: 3300

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, defenses, limitations, exceptions, public interest considerations, remedies and enforcement. The course will also contain topics that involve the interface of IP with areas such as human rights and competition law and policy.

Summary

Course Status :	Completed
Course Type :	Elective
Duration :	15 weeks
Category :	Law
Credit Points :	4
Level :	Undergraduate/Postgraduate
Start Date :	04 Jul 2022
End Date :	31 Oct 2022
Enrollment Ends :	15 Sep 2022
Exam Date :

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Course layout

Intellectual Property

Week 1: Foundations of Intellectual Property
Module 1: Introduction to Intellectual Property: A Conceptual Primer
Module 2: Universal Origins of Intellectual Property
Module 3: Theoretical Justifications for Intellectual Property
Module 4: Economics of Intellectual Property: Innovation and Creativity - Policy Linkages

Week 2: International IP and IP Interfaces
Module 5: Legal Principles of International Intellectual Property Regime: Introduction to TRIPS
Module 6: Intellectual Property and Interface with Fundamental Freedoms
Module 7: TRIPS and Public Health: Challenges for Access to Medicines
Module 8: Intellectual Property and Competition Law- A Primer

Week 3: Patents – I
Module 9: Concept of Invention, Novelty, Inventive Step and Industrial Application and Disclosure
Module 10: Pharmaceutical Patents- Subject Matter Exclusions
Module 11: Biotechnology Patents- Subject Matter Exclusions

Week 4: Patents – II
Module 12: Software and Business Methods Patents
Module 13: Patents, Traditional Knowledge and Biodiversity

Week 5: Copyright and Neighbouring Rights
Module 14: Originality Requirement in Copyright Law
Module 15: Subject-Matter Requirement in Copyright Law
Module 16: Neighbouring/ Related Rights

Week 6: Trademark Law
Module 17: Trademarks- Concept of Distinctiveness and Grounds for Refusal of Trademark Registration
Module 18: Trademarks- Challenges in Non-Conventional Marks and Domain Names Disputes
Module 19: Well Known Marks

Week 7: IP Specifics/Sui generis- I
Module 20: Industrial Designs: Definition of a design; Concept of Novelty and Originality; designs not patentable; - Functional Designs
Module 21: Trade Secrets- Conditions of Protection
Module 22: Geographical Indications Substantive Conditions for Registration

Week 8:REVISION

Week 9: IP Specifics/ Sui generis – II
Module 23: Plant Variety Protection – Conditions of Registration
Module 24: Other Kinds of Intellectual Property

Week 10: Copyright + IP Assignment/ Licensing
Module 25: Economic and Moral Rights of Authors
Module 26: Copyright in the Digital Context
Module 27: IP Assignment and Licensing

Week 11: IP - Limitations and Exceptions
Module 28: Patent Rights- Limited Exceptions
Module 29: Copyright- Fair Dealing
Module 30: Limitations on Rights of Trademarks Owners

Week 12: IP- Public Interest
Module 31: Principles of IP Exhaustion
Module 32: Patents- Compulsory Licensing /Other Uses Without Authorization
Module 33: Copyrights- Statutory and Compulsory Licensing

Week 13: IP Infringement
Module 34: Patent Infringement
Module 35: Copyright Infringement
Module 36: Trademark Infringement and Passing-off
Module 37: Ambush Marketing and Comparative Advertising

Week 14: IP- Remedies and Enforcement
Module 38: Nature of Remedies in IP Law
Module 39: Patent law-remedies
Module 40: Copyright-Civil and Criminal
Module 41: Trademark Law- Civil and Criminal

Week 15: INTERNAL ASSESSMENT

Books and references

Adarsh Ramanujan, Patent Law: Cases and Materials, Wolters Kluwer (2020)
Prashant Reddy T. and Sumathi Chandrashekaran, Create, Copy, Disrupt: India's Intellectual Property Dillemas, Oxford University Press (2016)
N S Gopalakrishnan and T G Agitha, Principles of Intellectual Property, Eastern Book Company (2013)
Anant Padmanabhan, Intellectual Property Rights: Infringement and Remedies, (LexisNexis Butterworths Wadhwa 2012).

Instructor bio

Dr. Yogesh Pai

National Law University, Delhi

Dr. Yogesh Pai

National Law University Delhi

Dr. Yogesh Pai is an Associate Professor (Law) at National Law University Delhi. He is currently the Co-Director of Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University Delhi. He is also In-charge of the IPR Chair at NLU Delhi established by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India.

Yogesh is currently a scholar at CIP2, George Mason University, Washington D.C., where he was previously the Thomas Edison Fellow (2017-18). In the fall of 2012, Yogesh visited the School of Law, University of Washington as the Asian Law Centre short-term Visiting Scholar. Yogesh served on the roster of consultants with the World Trade Organisation as a regional expert for Regional Trade Policy Courses (RTPC) and a Tutor with the WIPO Academy Distance Learning Programme. Yogesh is on the Editorial Board of the WIPO-WTO Teachers Colloquium Annual Research Papers.

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 Yale-GJP/RIS (2021), European Policy for IP (2019), CODAIP, Brazil (2020), 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 International Law, NUJS Law Review, Jindal Global Law Review etc. He has book chapters published with Cambridge University Press, Oxford University Press, Cambridge Scholars Publishing, Edward Elgar, Kluwer International (BV) 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 has submitted his PhD with the Inter-University Centre for IPR Studies, CUSAT, Kochi in the area of Standard-Essential Patents in India.

Before joining NLU Delhi, Yogesh was an Assistant Professor and Coordinator of the Ministry of Human Resource Development Chair on IPR at NLU, Jodhpur. 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. He has taught at NLSIU Bangalore as a visiting faculty.