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Intellectual Property Rights and Competition Law

Indian Institute of Technology, Kharagpur and NPTEL via Swayam

Overview

Competition Law and Intellectual Property Law prima facie appear to have conflicting objectives and goals. While Competition law operates towards facilitating the market growth by curbing anti-competitive practices in the market, IPRs confer exclusive monopoly to the proprietor. However, both are intended towards promoting innovation and consumer welfare. In the ever evolving technology driven society, the recent conflict between the domain of IPRs and completion law pertains to the exercise of rights in IPR affecting competition law. Therefore, in the light of the above intricacies and problems the course aims to discuss the general principles and laws related to Intellectual Property Right and Competition law, The course also provides an overview of the application and operation of both the laws in different jurisdictions and tries to simplify the overlapping domain of IP and Competition Law.

INTENDED AUDIENCE: Students from Law, Management and business studies, and Technical background can benefit from the program
PREREQUISITES: Not necessary. Brief introduction to Intellectual Property Rights may be usefulINDUSTRY SUPPORT: None

Syllabus

COURSE LAYOUT

Week 1: Function of IPR. Public good, Incentive theory, different forms of IPRWeek 2: Introduction to competition Law, Anti-competitive agreements, Abuse of dominance, Regulation of combinations,Week 3: The relationship and Interaction between IPR and competition lawWeek 4: The economics of US Antitrust law, IP and competition issues, Technology transfer agreementsWeek 5: The EU experience with IP and Competition LawWeek 6: Market allocation, Horizontal agreements, Vertical agreements, licensing issuesWeek 7: Indian Competition Act and IPR protectionWeek 8: Anticompetitive agreement and abuse of dominance in IPR protection, IPR issues in merger and acquisition; Harmonizationof IP protection and competition Law in India


Taught by

Prof K.D. Raju & Prof. Niharika Sahoo Bhattacharya

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