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Swayam Central

Intellectual Property Rights and Competition Law

By Prof K.D. Raju & Prof. Niharika Sahoo Bhattacharya   |   IIT Kharagpur
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 useful
INDUSTRY SUPPORT: None

SUMMARY

Course Status : Upcoming
Course Type : Elective
Duration : 8 weeks
Start Date : 29 Jul 2019
End Date : 20 Sep 2019
Exam Date : 29 Sep 2019
Category :
  • Management
  • Level : Undergraduate
    This is an AICTE approved FDP course

    COURSE LAYOUT

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


    BOOKS AND REFERENCES

    Nil

    INSTRUCTOR BIO



    Dr. Raju K.D is presently Professor at Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur. His earlier assignments include Deputy Secretary, PHD Chamber of Commerce and Industry, New Delhi, Assistant Director and Lecturer at Amity Institute of Global Legal Education and Research, New Delhi. He worked with NGOs like Oxfam. His research career began with M.Phil studies at Jawaharlal Nehru University, New Delhi on International Law and further his doctoral studies at JNU. He has been awarded “Fulbright Scholarship by the United States Education Foundation in India (USEFI) for completing his doctoral studies at the University of Illinois, Urbana Champagne, United States. He has been awarded with the Microsoft Outstanding Young Faculty Award in 2011. 



    Dr Niharika Sahoo Bhattacharya is currently working as an Assistant Professor in Rajiv Gandhi School of Intellectual Property Law. She has done her doctoral studies in the interdisciplinary area of IPR and biomedicines from IIT Kharagpur. Her broad research interest is to analyze and understand the complexities between scientific innovations, their protection and commercialization. Her other research interest are IP issues in pharmaceutics, IP and competition law, and Plant variety Protection. She is actively involved in the research and teaching of various IP subjects and published in many peer reviewed international journals of repute.

    COURSE CERTIFICATE

    CERTIFICATION EXAM :
    • The course is free to enroll and learn from. But if you want a certificate, you have to register and write the proctored exam conducted by us in person at any of the designated exam centres.
    • The exam is optional for a fee of Rs 1000/- (Rupees one thousand only).
    • Date and Time of Exams: 29 September 2019,Morning session 9am to 12 noon; Afternoon Session 2pm to 5pm.
    • Registration url: Announcements will be made when the registration form is open for registrations.
    • The online registration form has to be filled and the certification exam fee needs to be paid. More details will be made available when the exam registration form is published. If there are any changes, it will be mentioned then.
    • Please check the form for more details on the cities where the exams will be held, the conditions you agree to when you fill the form etc.

    CRITERIA TO GET A CERTIFICATE
    • Average assignment score = 25% of average of best 6 assignments out of the total 8 assignments given in the course. 
    • Exam score = 75% of the proctored certification exam score out of 100
    • Final score = Average assignment score + Exam score

    YOU WILL BE ELIGIBLE FOR A CERTIFICATE ONLY IF AVERAGE ASSIGNMENT SCORE >=10/25 AND EXAM SCORE >= 30/75
    • If one of the 2 criteria is not met, you will not get the certificate even if the Final score >= 40/100.
    • Certificate will have your name, photograph and the score in the final exam with the breakup.It will have the logos of NPTEL and IIT Kharagpur. It will be e-verifiable at nptel.ac.in/noc.
    • Only the e-certificate will be made available. Hard copies are being discontinued from July 2019 semester and will not be dispatched

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