Intellectual Property Rights FDP 2019

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IPR Regime in India by Hon’ble Mr. Justice Manmohan Singh

DATE: 10th December, 2019

After the registration process of the participants of FDP, the Inaugural Ceremony of the FDP commenced in the Nelson Mandela Auditorium with Chief Guest Hon’ble Mr. Justice Manmohan Singh, Ex-Chairman IPAB, Hon’ble Mr. Justice Bhanwar Singh, Director General, DME, Prof.(Dr.) Ravikant Swami, Director DME, Prof.(Dr.) Ambrish Saxena, Dean, Media School, DME, Prof. (Dr.) N.K. Bahl, Dean, DME Law School and Dr. Isha Jaswal, Head Research Cell, DME gracing the dais.

After lighting of the lamp, Hon’ble Mr. Justice Bhanwar Singh, Former Judge Allahabad High Court, delivered the opening statement to commemorate the beginning of the FDP. He stressed on the perpetual drive of the academicians to better themselves and hone their teaching capacity, for it is the teacher who is the creator of the next generation of intelligentsia. He invited Hon’ble Mr. Justice Manmohan Singh to address the participants and formally open the first session of the FDP. He gave the inaugural address by speaking about why IPR as a subject is of utmost importance in today’s time. With this the dignitaries and participants proceeded towards a short refreshment break to regroup in the Seminar Hall for the first Session.

The First session was delivered by Hon’ble Mr. Justice Manmohan Singh, Former Judge Delhi High Court, on ‘General Introduction and Nature of Intellectual Property Rights’. He discussed with the participants the IPR regime in India covering the Trademark Act, Patent Act and Copyright Act and giving the participants a ride through the landmark cases decided by the Supreme Court of India and the High Courts. He also focussed on the need of generating awareness in the country on IPRs. In the end, he was felicitated by Prof. (Dr.) Ravi. Kant Swami, Director DME.

Understanding Patent and Patent Policy

DATE: 10th December, 2019

The second session was conducted by Ms. Tusha Malhotra, Partner Litigation, Anand and Anand, on the topic “Understanding Patent and Patent Policy”. The session began by elaborating upon the basis of patent and requirements to qualify as a patentable invention. She focussed mainly on the practical nuances of registering a patent under the Indian regime. Various judicial pronouncements were discussed in order to highlight the same. Further, what changes are required to make the Indian Law more innovator friendly were also discussed.

In the end, she was felicitated by Dr. Isha Jaswal, Associate Professor and Head, DME Research Cell.

FDP on IPR and its Application in Law

DATE: 11th December, 2019

The first session on 11th December was monitored by Mr. Indra Shekhar Singh, Programme Director, National Seeds Association. He categorically focused on the colonial nature of IPR. He stated that the IPR of seeds dates back to ancient times and is visible in the symbiotic relationship between seeds and culture. Although there was no system of modern IPR to recognise the rights of the producer and farmer, culture and tradition deemed the seeds to be intellectual property. Coming to the modern era, He further talked about the lacunae in the WIPO Trips Agreement and how patent rights are affecting indigenous breeders and researchers. For the first time he stated, the right of breeders distinct from a patent has been given a statutory recognition under protection of plants variety and farmer rights act, 2001.

FDP on IPR and its Application in Law

DATE: 11th December, 2019

The second session of the 11th December was led by Professor V.K. Ahuja, Faculty of Law, University of Delhi. He elucidated on a very unique area of IPR where IPR and Human Rights merge together. The rights of Visually Impaired persons toward the written work and material. Conversion of books and other material into sound media may land into trouble attracting ire from the IPR regime. However, the WIPO administered Marrakesh Treaty, 2013 makes the production and cross border transfer of specially adapted books for visually impaired persons.

FDP on IPR and its Application in Law

DATE: 12th December, 2019

The fifth session on 12th December was monitored by Ms. Aishwarya Trivedi, practicing in Supreme Court and High Court and working as an Associate, Singh and Singh. She guided the participants through the topic of “Place of Author in Copyright”. She focused on the moral rights of the author and discussed important cases such as Amarnath Sehgal case, Manu Bhandari, and IPRS v. Aditya Pandey. Moral rights are the rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. She underlined one of the many loopholes existing in the current copyright regime, that is, the interchangeable nature and use of the terms “royalty fees” and “licensing”. Licensing and royalty are not distinguished before law and therefore pose a lot of problem, especially when people end up paying doubly.

FDP on IPR and its Application in Law

DATE: 12th December, 2019

Dr. Alka Chawla, Associate Professor, University of Delhi, walked all the faculties and research scholars through the basics of IPR. She majorly focused on the tools and techniques to teach IPR in classes. She insisted on the usage of day to day examples to explain IPRs.

Dr. Chawla swiftly moved towards the topic of counterfeiting of brands and trademarks. She talked about the test of an average man with usual imperfect recollection on which similarity is to be tested. Similarity cannot be tested on the grounds of quantity. As entire trademark law is based upon similarity and confusion. She elucidated on the concept of legal pedagogy and how understanding the time, space and cultural bubble of the students help the teachers to interact with them better in the class.

Intellectual Property and Artificial Intelligence

DATE: 13th December, 2019

The first session was taken up by Ms. Jyoti Mor, an expert in Artificial Intelligence and she presented her views on the cross section of IPR and AI. IPRs of human beings are still being realized till the day. Artificial intelligence (AI) is the combination of science and engineering to create intelligent machines that are able to react and solve problems like humans. Years of rapid and complex development have allowed AI to grow significantly in its capacity and ability to mimic human functions to the point that the main focus has shifted from learning human functions to improving functional efficiency. In 1996, Deep Blue, a chess-playing AI computer developed by IBM, beat the reigning world champion—a human—in a game of chess. Twenty years later, AlphaGo, developed by Alphabet Inc., defeated the world’s best player of the board game Go. With such astonishing innovation arriving in the blink of an eye, AI has raised public concerns regarding the unpredictable intelligence and capabilities of machines learning at increasingly exponential rates, and what intellectual property (IP) implications might arise in the near future.

IP Management and IPM Practices in Academics

DATE: 13th December, 2019

Mr. Abhinav Mishra, Doctoral Fellow UN University for Peace, Costa Rica presented Intellectual Property Management (IPM) which has become important, as IP managers needs decision support information related to R&D, innovation technology, finance, industrial economics, business strategy litigation, technology analysis, portfolio maintenance, licensing, acquisition analysis, evaluation etc. For instance, a patent portfolio may contain a large number of patents of less quality / high quality and on other end, a smaller number of exceedingly high quality patents, hence IP evaluation, audit is required. In India, most companies and academic institutions under-utilize the IP system due to lack of awareness and its usefulness due to complexity & lack of easily accessible teaching, training and/or professional assistance.

Role of Trademarks in Marketing of Products

DATE: 14th December, 2019

Dr. Lisa Lukose, Associate Professor, GGSIPU, wonderfully elucidated on the idea of trademarks and their existence as the oldest intellectual property. She helped in revising the nuance concepts of traditional trademarks, the effect of its registration resulting into infringement. She elaborated on the non-traditional trademarks which are including smell marks and taste marks etc. Dr. Lukose majorly focused on the very common passing off that occurs in the field of trademarks. She illustrated different kinds of infringements that occur such as similarities, design etc.

Intellectual Property Law in the Age of Social Media

DATE: 14th December, 2019

Mr. Sushant Singh, IPR Advocate, took up the intersectionality of social media and IPR protection. He talked about the challenges IPR regimes faces in this social media age where the amorphic nature of virtual world renders the violation and infringement of IPR an easy task.