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CEC

Intellectual Property Rights and Competition Law in India

CEC via Swayam

Overview

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.   The Course deals with Intellectual Property and its interface with Competition Law in India. It helps the students in learning 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.   Students of Law, Sciences, Engineering, Management, Advocates, Inventors, Authors, NGOs can take this course   OBJECTIVES OF THE COURSE:   1) To provide an understanding of the law relating to Intellectual Property and Competition in India. 2) To understand the concept of Intellectual Property and Intellectual Property Rights with special reference to India. 3) To appreciate the significance of Intellectual Property in modern times, in the light of its international legal regime. 4) To study the important Agreements, Treaties and Conventions relating to Intellectual Property Rights. 5) To understand the intricacies of grant of Patent, Patentability, Licensing and Revocation at National and International levels. 6) To realize the Rights and Duties of Patentees. 7) To study the concept of Copyright, its oownership, assignment, infringement and remedies. 8) To understand the major role of trademarks and industrial designs in modern business, and identify the need for their protection. 9) To analyze the importance of traditional knowledge and geographical indications, particularly for the developing nations. 10) To understand the application of IPR to Space activities. 11) To study the framework and application of the Competition Act, 2000. 12) To comprehend the concepts of competition, unfair trade practices, relevant market, anti-competitive agreements, combinations andappreciate the need for competition advocacy. 13) To appreciate the need for establishment of Competition Commission of India and study its duties, powers and functions. 14) To study the penalties prescribed under the Competition Act, 2000 in the light of relevant case laws. 15) To analyze the interface between Intellectual Property Rights and Competition Law in India.  

Syllabus

COURSE LAYOUT Week 1 (1 Objective - Subjective)   1) Intellectual Property -An Overview 2) International Regime of Intellectual Property Rights 3) Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs)-An Analysis 4) Patent System - A Conceptual Analysis   Week 2 (1 Objective - Subjective)   1) Patenting Inventions - Procedure under the Patents Act, 1970 and the Patent Cooperation Treaty 2) Rights and Duties of Patentees-Their Limitations 3) Copyright – An Overview 4) Ownership and Assignment of Copyright-Rights, Infringement and Remedies   Week 3 (1 Objective - Subjective)   1) Trademarks 2) Protection of Industrial Designs in India 3) Traditional Knowledge and Geographical Indications 4) Copyright Protection and Emerging Issues   Week 4 (1 Objective - Subjective)   1) Space Activities and IPR Protection 2) Understanding Global Patent Litigation 3) Intellectual Property Rights and Competition Law – An Interface   Week 5 (1 Objective - Subjective)   1) Introduction to Competition Act 2) Salient Features of Competition Act – Part 1 3) Salient Features of Competition Act – Part 2   Week 6 (1 Objective - Subjective)   1) Important Definitions under Competition Act, 2000 2) Competition Act, 2000 – Prohibitions and Regulations 3) Prohibition of Abuse of Dominant Position   Week 7 (1 Objective - Subjective)   1) Combination 2) Regulations of Combinations and Establishment of Competition Commission of India 3) Duties, Powers and Functions of Competition Commission   Week 8 (1 Objective - Subjective)   1) Reference to Competition Commission 2) Division of Enterprise Enjoying Dominant Position 3) Execution of Monetary Penalty   Week 9 (1 Objective - Subjective)     1) Accounts, Audit and Miscellaneous Provisions under Competition Act 2) Duties, Powers and Functions of Commission along with Case Laws 3) Penalties and Case Laws  

Taught by

Prof. (Dr.) G. B. Reddy

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