Intellectual Property Rights and Competition Law in India

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

Learners enrolled: 2002

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, 2002 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, 2002.

12) To comprehend the concepts of competition, unfair trade practices, relevant market, anti-competitive agreements, combinations and appreciate 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, 2002 in the light of relevant case laws.

15) To analyze the interface between Intellectual Property Rights and Competition Law in India.

Summary

Course Status :	Completed
Course Type :	Core
Duration :	12 weeks
Category :	Law
Credit Points :	3
Level :	Undergraduate
Start Date :	03 Feb 2020
End Date :	30 Apr 2020
Enrollment Ends :	08 Mar 2020
Exam Date :	09 May 2020 IST

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 (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, 2002

2) Competition Act, 2002 – 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

Books and references

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

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

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

Instructor bio

Prof. (Dr.) G. B. Reddy

The English and Foreign Languages University (Host University)

Prof. (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”. His area of specialization is Constitutional Law in LL.M. and Judicial Activism in Ph.D. He specialized in the area of Intellectual Property as an independent researcher, publisher and teacher.

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 20 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 more than 65 articles on law in standard national and international journals. 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 possesses rich administrative experience having 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 A.P. Judicial Academy, A.P. 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 is the Convener of the TSLAWCET & PGLAWCET for 2019. He has also offered Swayam Course on Human Rights, International Law and International Humanitarian Law and more than 6000 students have taken the course.

He held positions as the Joint Director University Foreign Relations Office, Osmania University for 5 years and is currently its Director. He was the founder Director of Legal Cell of the University, a member of General Council of NALSAR University of Law, Hyderabad (2011-2014), A.P. State Consumer Protection Council (2010-2013) and Hyderabad District Legal Services Authority by Government of A.P. He is a Life Member of Indian Law Institute & Institute of Constitutional and Parliamentary Studies, New Delhi and American Studies Research Centre, (presently OUCIP). He is a member of Telangana State Legal Services Authority, Chairman, Ethics Committee of CDFD, Hyderabad, Member of Academic Council of NALSAR University. He is also Dean, Faculty of Law of Telangana University and Satavahana University, Karimnagar (Since 2016).

MOOCS Team:

Co-ordinator:

Prof. (Dr.) G.B. Reddy,

Professor of Law, University College of Law,

Osmania University, Hyderabad.

Subject Experts and Presenters:

Prof. (Dr.) G.B. Reddy,

Professor of Law, University College of Law,

Osmania University, Hyderabad.

Teaching Assistant:

Dr. S.B. Md. Irfan Ali Abbas,

Part-time Faculty, University College of Law,