Intellectual Property Rights and Competition Law

By Prof. (Dr.) G. B. Reddy | English and Foreign Languages University, Hyderabad (Host University)

Learners enrolled: 2354

Overview of the Course:

The Course deals with Intellectual Property and its interface with Competition Law in India. It helps the student to learn different intellectual property rights viz., Copyright, Trademarks, Patents, Designs, Geographical Indications, Traditional Knowledge, Protection of Plant Varieties and Farmer’s Rights and Protection of Semiconductor Integrated Circuit Layout Design in India. The Intellectual Property Rights have two main objectives, firstly to promote the creation of intellectual property by providing incentives and secondly to promote the dissemination of the knowledge in intellectual properties by affording protection to its creators. The Intellectual Property Laws endeavour to maintain the harmony between the interests of the creator of intellectual property and the interests of the society at large. The aim of Competition Law is to promote competition and prohibit abuse of dominant position in the market, as such, there is close nexus between competition law and IPR, which is elucidated in detail in the course.

Need for the Course:

In the modern age of knowledge society, intellectual property is all permeating and has immense economic value. Moreover, in many cases the intellectual property value of the company is far greater than the value of its physical assets. The knowledge of intellectual property law is quintessential in the modern day world. The intellectual property has national as well as international significance, and IPR professionals are in good demand. The Competition Act, 2000 regulates the competition in India and prohibits undesirable agreements and combinations which undermine the competition and adversely affect the price of the commodity and the consumer. Whereas, the Intellectual Property Laws in India grant exclusive rights by way of IPR to its owner, to commercially exploit the intellectual property. As such, it is imminent to understand the limits of IPR and also the significance of competition in the market. Hence, this course would be useful for students, inventors, entrepreneurs and provides them the necessary knowhow and skills to operate successfully.

Course Coordinator

Prof. (Dr.) G. B. Reddy
Senior Professor of Law, University College of Law, Osmania University, Hyderabad.
DPIIT IPR-Chair Professor, Osmania University, Hyderabad.

Teaching Assistant

Dr. S. B. Md. Irfan Ali Abbas
Adjunct Faculty, University College of Law, Osmania University

Dr. Irfan is an Advocate at Hyderabad with more than 10 yrs of experience, and a Visiting Faculty at University College of Law at Osmania University, Symbiosis Law School, Hyderabad and NMIMS School of Law. His teaching areas include Alternative Dispute Resolution, Private International Law, Company Law, Professional Ethics, Jurisprudence and Intellectual Property Rights. He is an accredited Mediator of the Indian Institute of Arbitration and Mediation (IIAM) and has also done PG Diploma in ADR from ICADR, Hyderabad. He has done his Ph.D. in Law from Osmania University in the area of Online Dispute Resolution and was selected for ICSSR Doctoral Fellowship. He was Project Fellow (Law) in Centre for Advance Research and Training at Osmania University and also qualified UGC NET in Law. He has written 13 Articles and 6 Book Chapters, and also participated in several National and International Conferences in India and abroad.

Objectives of the Course:

To provide an understanding of the law relating to Intellectual Property and Competition in India
To understand the concept of Intellectual Property and Intellectual Property Rights with special reference to India
To appreciate the significance of Intellectual Property in modern times, in the light of its international legal regime
To study the important Agreements, Treaties and Conventions relating to Intellectual Property Rights
To understand the intricacies of grant of Patent, Patentability, Licensing and Revocation at National and International levels
To realize the Rights and Duties of Patentees
To study the concept of Copyright, its oownership, assignment, infringement and remedies
To understand the major role of trademarks and industrial designs in modern business, and identify the need for their protection
To analyze the importance of traditional knowledge and geographical indications, particularly for the developing nations
To understand the application of IPR to Space activities
To study the framework and application of the Competition Act, 2000
To comprehend the concepts of competition, unfair trade practices, relevant market, anti-competitive agreements, combinations and appreciate the need for competition advocacy
To appreciate the need for establishment of Competition Commission of India and study its duties, powers and functions
To study the penalties prescribed under the Competition Act, 2000 in the light of relevant case laws
To analyze the interface between Intellectual Property Rights and Competition Law in India

Summary

Course Status :	Ongoing
Course Type :	Core
Duration :	12 weeks
Category :	Law
Credit Points :	5
Level :	Undergraduate
Start Date :	15 Jan 2024
End Date :	30 Apr 2024
Enrollment Ends :	29 Feb 2024
Exam Date :	19 May 2024 IST
Exam Shift :	Shift - II (15:00 - 18:00)

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

Page Visits

Course layout

Week 1

Intellectual Property -An Overview
International Regime of Intellectual Property Rights
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs)-An Analysis
Patent System - A Conceptual Analysis
Assignment

Week 2

Patenting Inventions - Procedure under the Patents Act, 1970 and the Patent Cooperation Treaty
Rights and Duties of Patentees-Their Limitations
Copyright – An Overview
Ownership and Assignment of Copyright-Rights, Infringement and Remedies
Assignment

Week 3

Trademarks
Protection of Industrial Designs in India
Traditional Knowledge and Geographical Indications
Copyright Protection and Emerging Issues
Assignment

Week 4

Space Activities and IPR Protection
Understanding Global Patent Litigation
Intellectual Property Rights and Competition Law – An Interface
Assignment

Week 5

Introduction to Competition Act
Salient Features of Competition Act – Part 1
Salient Features of Competition Act – Part 2
Assignment

Week 6

Important Definitions under Competition Act, 2002
Competition Act, 2002 – Prohibitions and Regulations
Prohibition of Abuse of Dominant Position
Assignment

Week 7

Combination
Regulations of Combinations and Establishment of Competition Commission of India
Duties, Powers and Functions of Competition Commission
Assignment

Week 8

Reference to Competition Commission
Division of Enterprise Enjoying Dominant Position
Execution of Monetary Penalty
Assignment

Week 9

Accounts, Audit and Miscellaneous Provisions under Competition Act
Duties, Powers and Functions of Commission along with Case Laws
Penalties and Case Laws
Assignment

Books and references

Wadhera B L, Law Relating to Intellectual Property (5^th edn, Universal Law Publishing 2016)

Narayanan P, Intellectual Property Law (3^rd edn, Eastern Law House 2017)

Ahuja V K, Law Relating to Intellectual Property (3^rd edn, Lexis Nexis 2017)

Reddy G B, Intellectual Property Rights and the Law (11^th edn, Gogia Law Agency 2017)

Reddy G B, Copyright Law in India (Gogia Law Agency 2018)

Cornish W, Llewelyn D and Aplin T, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (8^th edn, Sweet & Maxwell 2013)

Bainbridge D I, Intellectual Property (10^th edn, Pearson 2018)

Pearson H E and Miller C G, Commercial Exploitation of Intellectual Property (Blackstone Press 2017)

Koteswara Rao P, Supreme Court and Parliament: Right to Property and Economic Justice (Law Book Agency, Hyderabad 2003)

Ganguli P, Intellectual Property Rights: Unleashing the Knowledge Economy (Tata McGraw Hill Publications 2017)

Gopalakrishnan N S, Intellectual Property and Criminal Law (National Law School of India University 1994)

Bently L, Sherman B, Gangjee D and Johnson P, Intellectual Property Law (Oxford University Press 2018)

Davies G, Copyright and the Public Interest (2^nd edn, Sweet and Maxwell 2002)

Nikam R J, Space Activities and IPR Protection (1^st edn, Asia Law House 2013)

Ramappa T, Competition Law in India: Policy, Issues and Developments (Oxford University Press 2013)

Dugar S M, Kumar S, Guide to Competition Act, 2002 (7^th edn, Lexis Nexis 2017)

Whish R, Competition Law (6^th edn, Oxford University Press 2008)

Roy A, Kumar J, Competition Law in India (2^nd edn, Eastern Law House 2018)

Instructor bio

Prof. (Dr.) G. B. Reddy

English and Foreign Languages University, Hyderabad (Host University)

Dr. G.B.Reddy is a lawyer turned academician. Studied B.A. (HPP), LL.B., and LL.M. (Constitutional Law) at Osmania University, and P.G.Diploma in Human Rights from University of Hyderabad. Obtained Ph.D.in Law from Osmania University in 1999 on the topic “Supreme Court and Judicial Activism – Its Contribution in Specific Areas of Constitutional Law after 1980”. He specialized in the area of Intellectual Property as independent researcher, publisher and teacher. He is Senior Professor of Law and DPIIT IPR-Chair Professor at Osmania University.

He has secured three Gold Medals in LL.B. and one Gold Medal in LL.M. apart from being the first candidate to have qualified for UGC-JRF in Law from Osmania University in 1993. He practiced in the High Court of Andhra Pradesh for about seven years before joining the Faculty of Law, Osmania University. He authored 28 well received books on law including Women and Law, Intellectual Property Rights and Law, Copyright Law in India, Practical Advocacy of Law, Right to Information and Law and Judicial Activism in India. Two of his books namely Women and Law and Judicial Activism in India, have been reviewed favourably in the Book Review section of the Hindu by Justice V.R.Krishna Iyer. He also published 85 articles on law in standard journals, and more than 30 newspaper articles. He participated in National and International Seminars, Workshops and Conferences on Law and allied subjects and visited Japan, Malaysia, Singapore, South Korea and Thailand. He offered six SWAYAM Courses/MOOCs successfully from 2019 to 2023 on Human Rights and International Law, IPRs and Competition Law, Indian Judicial System and Environmental Laws, Private International Law and ADR in India, Legal Theory and Law Relating to Women, Law of Banking, Insurance and Consumer Protection.

He worked as the Principal of University College of Law, Head of Department of Law, Chairperson of BoS in Law and Dean, Faculty of Law, Osmania University. He helped the university to introduce LL.B. Five Years Integrated Course at University College of Law and P.G. College of Law, Osmania University and LL.M. (IPR), LL.M. (ADR), and LL.M. (ITEL) and P.G.Diploma in Cyber Laws. He has been a visiting faculty at several reputed institutions including the Judicial Academy, Excise Academy, CCRT, NAARM, TS Police Academy, National Police Academy, NALSAR University of Law, National Industrial Security Academy (NISA), Academic Staff Colleges of several Universities. He was the Co-Convener of the APLAWCET & PGLAWCET for 2014-15 and the Convener of the TSLAWCET & PGLAWCET for 2019 to 2022.

He held positions as

The Joint Director and Director of University Foreign Relations Office, Osmania University.
Founder Director of Legal Cell of Osmania University.
Member of General Council of NALSAR University of Law (2011-2014), A.P. State Consumer Protection Council (2010-2013).
Life Member of Indian Law Institute & Institute of Constitutional and Parliamentary Studies, and American Studies Research Centre, (presently OUCIS).
Member of Telangana State Legal Services Authority; Chairman, Ethics Committee of CDFD, Hyderabad; Member of Academic Council of NALSAR University and NUALS, Cochin.
Dean, Faculty of Law, Telangana University (2017-2021) and currently Dean, Faculty of Law, Satavahana University, Karimnagar (since 2017).
Director of the Prof.G.Ram Reddy Centre for Distance Education, Osmania University (since 2021).