Business > Intellectual Property Rights for SMEs

Intellectual Property Rights for SMEs

Instructor(s): iPleaders
iPleaders

Title: Legal Experts

Website: http://www.ipleaders.in

iPleaders help Indian universities to build world class, profitable and highly accessible online and mobile learning courses around law, and then sell these courses to learners across the world. iPleaders contribute technology, content and marketing services to enable a University to launch a course and make it a commercial and academic success.



Course Description:

Intellectual property can be a significant component of the value of a business – IP portfolio of brands such as Coca-Cola and Apple are valued in billions. In 2011, Nortel sold its patent portfolio for $ 4.5 billion when it was wound up. Similarly, Ericsson derives $ 1 billion of revenues per year from licensing its technology globally to various cellphone companies, without manufacturing a single phone itself. Whether it is a SME or a large business, not having an IP strategy is strategically inefficient and prevents the business from unlocking its full value. Websites, blogs, software codes, product manuals, designs, videos, business processes, photographs and catalogues are all capable of intellectual property protection.

This course provides insights on how to acquire, protect, enforce and monetize intellectual property rights, for startup entrepreneurs, SME owners, businessmen, who want to learn how to protect and enforce their intellectual property and monetise their intellectual property for more revenue.

What will you learn in this course?

An understanding of intellectual property and mechanisms will help you to:

  • Obtain necessary registrations for your intellectual property
  • Create a national or global level intellectual property strategy for your business
  • Work with legal experts and professionals more effectively
  • Create systems for detection of intellectual property infringement
  • Identify ways to monetize existing intellectual property portfolio
  • Prevent employees, suppliers and consultants from stealing or unfairly benefiting from creations which are not their own.
  • Actively enforce your IP rights against competitors and pirates.

Relevance of intellectual property in your own business and career

Understanding of intellectual property can be useful in the following ways in one’s professional career:

  • As an entrepreneur or business owner: Be in complete control of the IP portfolio of your business.
  • As a manager: Assist senior management in creating an IP strategy, provide inputs on monetization and get more responsibility at work and faster promotions.
  • As a consultant: Advise businesses on improving IP strategy, IP monetization techniques, IP documentation and IP acquisitions.

Why this course?

The course is created by iPleaders, a leading online legal education startup which helps Indian universities and industry bodies to create highly accessible courses around law. It has worked with CII, FIEO, IITs, BITs and NITs to create entrepreneurship-related resources and conduct workshops across India, and conducts a highly successful online diploma course for entrepreneurs with a top law university in India.

The content of this course has been kept extremely practical, without reference to complex jargon, legal terms and cases. No prior background or training in law is required to understand this course. Practical insights from top industry experts and law firm partners from India and Silicon Valley have led to highly valuable content. Some of the experts are listed below:

  • Apar Gupta, Partner, Partner at Advani & Co (selected as 30 under 30 by Forbes India for the year 2014),
  • Anupam Pandey, Partner, Obhan and Associates (who worked with AZB & Partners and India’s leading IP firm Lall & Sethi earlier), and
  • Anant Kataria, Director, Sagacious Research, an LPO which works with Indian and offshore clients on their intellectual property portfolio.
Course Sessions:
  • Module I: Introduction to Intellectual Property
  • Content Author(s): Amartya Bag, Apar Gupta

    Session Description:

    This module gives a brief introduction to the concept of intellectual property – types and introduction to the legal framework in India. It also gives an overview of why is it important to for businesses to protect their intellectual property portfolio.


  • Supplementary: IP protection for Startups
  • Content Author(s): Amartya Bag, Apar Gupta , Abhyudaya

    Session Description:

    Video: IP protection for startups by Apar Gupta


  • Module II: Copyright Law for Early Stage Business
  • Content Author(s): Amartya Bag

    Session Description:
  • Chapter 1: How early stage business can use copyright law to protect important works
  • Content Author(s): Amartya Bag

    Session Description:

    In this chapter, you will learn the strategic importance of copyright protection for businesses. Thischapter also gives a brief introduction to copyright law in India. We have also discussed the following topics in this chapter:

    • What can be copyrighted?
    • Rights available with a copyright owner
    • Duration of copyright protection

     


  • Chapter 2: Procedure for Copyright Registration
  • Content Author(s): Amartya Bag

    Session Description:

    This chapter discusses the detailed procedure for copyright registration in India.


  • Chapter 3: Techniques for Commercial Exploitation of Copyright
  • Content Author(s): Amartya Bag

    Session Description:

    A business may not always be capable of utilizing the full commercial potential of a copyrighted work all by itself. However, business owners can make a profit from commercial exploitation of the copyrighted works through licensing and assignment.
    In this chapter we will discuss about:

    • Copyright Licensing
    • Copyright assignment
    • Open source licensing
    • Phonographic and performance licenses

  • Chapter 4: Copyright Infringement and Practical Remedies
  • Content Author(s): Amartya Bag, Apar Gupta

    Session Description:

    In this chapter, we will discuss about various practical remedies for copyright infringement in India and how to protect your business from copyright infringer.

    Here we will discuss about:

    • Dealing with copyright infringement in India
      • Take down notices
    • Remedies  to prevent or stop copyright infringement
      • Monetary damages, Claims over profits from copyright infringement
      • Criminal offences
      • John Doe orders, Anton Pillar orders
      • Remedies available in  respect of imported goods that violate copyright
    • Fair use  defence to copyright infringement
    • Digital rights management tools and privacy

    Video:  Take down notice


  • Chapter 4A: Take down notice
  • Content Author(s): Abhyudaya, Apar Gupta

    Session Description:
  • Chapter 5: Copyright in Cyberspace
  • Content Author(s): Amartya Bag

    Session Description:

    In this chapter, we will discuss about copyright is sues in cyber space, including protection of software, databases, websites, etc. and how to protect the digital assets of the company. We will also analyse an interesting case study of Oracle-Google copyright dispute.

    Video:  IP issues associated with using Google images  - Apar Gupta


  • Module III: Trademark Law
  • Content Author(s):

    Session Description:
  • Chapter 1: Introduction to Trademarks
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    In this chapter, we will give a brief introduction to trademark law and how it is relevant for businesses. We will also discuss how to create a trademark strategy and its correlation with brand management. In this chapter, we will also discuss the following:

    • Selecting a Trademark
      • Legal restrictions
      • Relevance to name of business entity

  • Supplement: Introduction to Trademark
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What is trademark? What are the different types of trademarks?

    Handout 2: What happens when a trademark, because of its continuous usage, becomes a generic word?

    Handout 3: What are composite trademarks? Does a person also get exclusivity on the parts of the trademark? What is the safest way to register a trademark?

    Handout 4: What should be the best IP strategy for an entrepreneur who is starting a new business?


  • Chapter 2: Procedure for Trademark Registration
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    In this chapter, we will discuss about the procedure for trademark registration in India and in multiple other countries. This chapter will teach the following:

    • Conducting trade mark searches
    • Trademark Registration
      • National
      • International Trademark Registration (Madrid protocol)

  • Supplement: Trademark Registration
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What kind of investigation is necessary before applying for a trademark registration? Why should one conduct a common law search before registering a trademark?

    Handout 2: What are series marks? When should it be filed?  (Using illustrations from Samsung’s Galaxy Series or the Mc Donald spicy burger series)

    Handout 3: What precautions should be taken before the registration of a trademark?

    Handout 4: What is the procedure to register a trademark in India? How much time does it take to register a trademark?


  • Supplement: International Reg. of Trademark
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What is Madrid Protocol? How is it advantageous to people registering their trademark?

    Handout 2: How much does it cost for registering a trademark through Madrid protocol? How to calculate the official fees for filing in each country?

    Handout 3: What is the procedure to apply for the registration of a trademark through the Madrid Protocol?


  • Chapter 3: Methods for commercial exploitation of trademarks
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    A business may commercially exploit its trademark by manufacturing its goods, or it may permit other entities to manufacture goods under its own brand name – through licensing or franchising arrangements. It may even sell a particular mark to another entity (known as assignment under trademark law). In this chapter, we will discuss a bout two important ways for commercial exploitation of trademarks – i) Assignment of trade mark and ii) Trademark licensing


  • Supplement: Licensing and Other Issues in Trademark
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: How is licensing done? What are the measures to be taken before a licensing a trademark?

    Handout 2: Trademark issues in a joint venture

    Handout 3: What are the rights of a licensee with respect to filing a lawsuit for trademark infringement made by a third party?

    Handout 4: What are caution notices? How are they helpful in protecting a trademark?


  • Chapter 4: Trademark Opposition and Litigation
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:
  • Supplement: Trademark Opposition and Infringement
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: Why should a proprietor file an opposition? What should be the right time to file it?

    Handout 2: What should be the strategy if there is an opposition filed against you?

    Handout 3: Can a foreign company make cross- border claim on the use of their trademark?

    Handout 4: What things are taken into account by the Court for determining infringement?


  • Supplement: Additional videos on Trademark
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What are the available remedies for cyber-squatting under trademark law?

    Handout 2: Status of IP laws and protecting trademark in the Indian subcontinent

    Handout 3: What role do law firms play in protecting a trademark?


  • Module IV: Patent Law
  • Content Author(s):

    Session Description:
  • Chapter 1: Introduction to Patent Law
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    In this chapter, we will give a brief introduction to patent law in India. We will discuss what constitutes a patentable product and things that cannot be patented in India.


  • Supplement: Introduction to Patent Law
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What can be patented? What are the standards an invention must meet to obtain a patent?

    Handout 2: Can software be patented?

    Handout 3: Maintaining confidentiality of a patentable invention and steps to prevent disclosure


  • Chapter 2: Patent Application and Registration Process
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    In this chapter, we will discuss in details about the patent application process in India and other countries, including filing process, preparation of patent specification. Here are the list of topics that have been discussed in this chapter:

    • Ownership of patent
    • Patent search
    • Provisional and complete specification
      • Advantages of filing a provisional application
    • Component of a patent specification
    • Registration process
    • Patent application in multiple countries (PCT route)
    • Pre-grant and post-grant opposition

  • Supplement: Patent Application and Patent Drafting
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: How to draft a provisional patent application? What are the essential ingredients of a provisional application?

    Handout 2: What are the components of a patent specification/application?

    Handout 3: What are the strategies that a patent agent/inventor must take into account while drafting patent specification? (With insights on how drafting a narrow or broad claim can affect the process)


  • Supplement: Patent Filing
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: How much time does it typically take to obtain a patent in India/US?

    Handout 2: Strategies involved in filing patent application in multiple countries

    Handout 3: What are the costs involved in filing a patent in India?

     


  • Supplement: Patent Objection and Opposition
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What can be done when an objection has been made by the patent examiner?

    Handout 2: When should a company file a post-grant and pre-grant opposition application?

     


  • Supplement: Other issues in Patent Law
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Handout 1: What is the importance of IP landscaping for an organisation that is involved in R&D?  (37:44 – 41:40)

    Handout 2: When do companies enter into cross-licensing agreement?


  • Module V: IP Management and Monetization
  • Content Author(s):

    Session Description:
  • Chapter 1: IP and Employees
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    During the course of employment, employees routinely create intellectual property for the employer. Do you actually own the IP created by your employees?

    In this chapter you will learn about different mechanisms to protect the IP created by employees from future litigation from the employee himself or third parties. Moreover, we have also discussed an interesting case study related to confidential information of India’s F1 Racing team, Force India.


  • Chapter 2: Franchising and Licensing Agreements
  • Content Author(s): Amartya Bag, Abhyudaya

    Session Description:

    Intellectual property is acquired so that it can be exploited for commercial purposes. A business may either use intellectual property rights (IPRs) to generate revenues by itself or it business may also sell the IPRs permanently (through an assignment), or it may allow other entities to use its IPRs through licensing, franchising or technology transfer. In this chapter we will discuss the important clauses that must be present in a licensing or franchising agreement.


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