- Due to the Request of Students, the Last Date for submission of ABSTRACTS is extended till 30th September 2018
The Inter University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) is one of the prestigious institutions of IP learning in the Country. Apart from the understanding of IP as a tool for monopoly right, the Centre attempts to exploit the public use aspects of IP to better the lives of people all over. Over the years, RETHINKING INTELLECTUAL PROPERTY RIGHTS has been one of the major events organised by the Centre, and for every year, a particular area of IP Law is chosen to conduct a 3 day workshop to enlighten the talented academic community to use IP law as a tool to foster transfer of knowledge and development. This year, the Sixth Edition of RIPR is on thetheme ‘Intellectual Property Rights and Competition: A Social Perspective’.
The programme is scheduled to be held from January 18-20, 2019.
Objective of the Workshop
Rethinking IPR is an Annual National Workshop for Law students and students of other disciplines interested in IP research (undergraduate, post-graduate and research scholars) organized by the IUCIPRS, CUSAT to initiate critical thinking regarding the role of Intellectual Property Rights in a social context. The pedagogical practice existing among the Law Schools in India predominantly approaches IP from a commercial angle, often ignoring the social implications of IP.
The main objective of Intellectual Property Law is to maintain a correct balance between protection of IP and providing access to the public to the modern technology and its benefits. The western approach of looking at IP as a catalyst of development is being followed by our law schools without being interrogated. Our experience with the western approach signifies that it stifles innovation and research and creates barriers in the enjoyment of benefits by the public. The question therefore is; should India imitate the western practices, both statutory and judicial; or whether we should evolve our own jurisprudence of IP reflecting wider questions of national development and the welfare of people?
About the Theme of 2019 : IPR & Competition : A Social Perspective
Intellectual Property Rights and competition may seem to be in conflict with each other at the first instance. However, a deeper understanding of the same sheds light to the fact that both aim to achieve a common end, i.e., global welfare. The means to this end, followed by both the systems, might be diverse. Intellectual property, in itself, does not confer absolute monopoly to the IP holder but a limited monopoly keeping in mind the consumer welfare that the IP seeks to achieve. If IP is to promote affordable access, one cannot do so forgoing competition. It is with this view that competition principles are pushed into the IP framework. This is evident from the express competition provisions present inside the TRIPs agreement, which is the present international document binding the member countries to create national IP law. Apart from the express provisions on competition, TRIPs also contains provisions which have the effect of encouraging competition. The positive side of bringing competition inside the IP law is that, the dynamic efficiency of the IP regime does not get hampered. At the same time, this does not prohibit the National Competition Policy or the authorities from monitoring the conduct of the IP holders. It is therefore the aim of this programme to have a better understanding of the tryst between Competition Law and IP.
Structure of the Workshop
The programme includes lectures, invited talks, case studies, corner discussions, students’ presentations, exercises, scenario analysis, role play, field exposure etc.
- The interplay between Competition, Innovation and IPRs.
- Competition principles within the TRIPs framework.
- Indian Competition Act and IP- Balance between affordable access to IP and development.
- Competition Commission of India and IP – Trends in handling Indian IP cases dealt by CCI.
- Patents and Competition-
(a) Competition principles within the Indian Patent Act- Compulsory Licensing, Exhaustion, Patent Standards, and Patent rights.
(b) Role of Patent pools, SEPs, Patent Licensing Agreements in promoting Competition.
- Competition Principles within the Indian Copyright Act – Compulsory Licensing, Statutory Licensing, Role of Collecting Societies, Refusal to License, Exhaustion of Rights.
Law students and students of other disciplines interested in this area (undergraduate, post-graduate and research scholars) willing to prepare a paper on any of the sub-themes can apply. The sessions of the workshop are designed in a manner reflecting the concerns of the access to intellectual property goods and the role of competition in facilitating affordable access to the IP goods. Students are urged to prepare papers accordingly so that each session will comprise of two student presentations representing the conflicting interests.
Step 1: Each student is allowed to register by sending an abstract (maximum 300 words) on one or two sub-themes on or before 30th September 2018. Based on the title and abstracts submitted by the students as approved by IUCIPRS, the sub-themes will be allocated to the students. We encourage original single author papers, though joint submissions with a maximum of two authors are also permitted. Selection will be based on the quality of the paper submitted.
Step 2: Intimation of the selection of abstracts will be given on or before 10th October, 2018.
Step 3: The students are further required to send the full paper by 31st October, 2018. Students shall be asked to revise their paper after screening.
Registration Fee for the Event
The Registration Fee for Paper Presentation/Spectator is Rs.500 per Participant. The mode of payment of the same will be intimated to the Registrants after the Selection of ABSTRACTS.
Total number of participants is limited to 35. All participants are expected to take an active role in the workshop.
Quality papers will be published in the renowned IP Journals.
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