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Second Asia-Pacific Workshop on Innovation, Intellectual Property and Competition

The purpose of this workshop is to explore contemporary issues at the interface of intellectual property law and competition law in different industries. This workshop is open for academicians, practitioners, and regulators working on IP and/ or competition law issues in the Asia-Pacific region. In an era of technological disruptions, it is important to deliberate on different policy concerns and options for antitrust interventions. By having detailed discussions on contemporary IP and competition law developments in six different sectors (Agriculture and Biotechnology, Automobiles, Creative Industry, ICT, Online Platforms, and Pharmaceuticals), this workshop intends to provide the target audience a good overview of unsettled issues and potential policy interventions.

All the sessions in this workshop will be led by leading academicians, industry representatives and regulators from across the world.

Workshop on Standard Essential Patents: Patents and Antitrust Issues in the High – Tech World

Click here to download the brochure for the event.

The Centre for Innovation, Intellectual property and Competition organized a workshop on “Standard-Essential Patents: Patents and Antitrust issues in the High – Tech World” on 26th August, 2017 at India Habitat Centre. The purpose of the workshop was to highlight the broader interface of IP and competition law- specifically pertaining to licensing of patents, economic theory underlying standard essential patents, contestation and empirical evidence in the standard essential patent discourse, understanding FRAND, and the relationship between standard essential patents and antitrust law. The workshop was conducted by Prof. Jay Kesan (University of Illinois) and Dr. Kirti Gupta (Qualcomm Inc.) and saw the presence of practitioners, legal academicians, patent agents and students. The workshop witnessed a healthy discussion on exactly how a Patent becomes an SEP, the law on SEPs in other jurisdictions and in India and the impact of antitrust law on SEPs. It concluded with a brief discussion on landmark SEP cases.

Sixth Annual IP Teaching Workshop

The VIth Annual IP Teaching Workshop, conducted by CIIPC (Centre for Innovation, Intellectual Property and Competition) in collaboration with CIPRA, (Centre for Intellectual Property Research and Advocacy) was held on the 2nd and 3rd of July 2017 at National Law School of India University (NLSIU), Bangalore.

The broad theme of this year’s workshop was “IP Remedies”.  The one-day Workshop was organized in such a way that papers were presented by resource persons and selected applicants on sub-themes such as patent remedies, copyright remedies, trademark remedies and remedies in the context of SEPs.  Time was allotted for discussions and questions followed each presentation to ensure that constructive feedback from peers and experts will help the authors to reflect and incorporate the same while writing the final papers.

Following the framework from the last workshop, the aim is to publish a book consisting of the selected papers presented at the Workshop.

The photos from the Workshop are available here.

2nd Annual Roundtable on Innovation, IP & Competition

The 2nd Annual Roundtable on Innovation, Intellectual Property and Competition was held on the 1st of July 2017 in Bangalore in Hotel Taj Westend.  It was attended by academicians, legal practitioners from India and subject experts from around the world.

The Roundtable was flagged off by a welcome address by Prof. (Dr) Ranbir Singh, following which the sessions commenced.

The first session entitled  Innovation Policy: What can it Teach IP Policy-Making in India? was moderated by Prof. (Dr) Shamnad Basheer.  The other participants included Dr. Shubhashish Gangopadhyay, Dr. Chirantan Chatterjee, Prof. Anil K Gupta [via video link] and Mr. Ananth Padmanabhan.

The second session titled, Role of IP and Competition Policy in Technology Markets: Business and Industry Perspectives was moderated by Prof. Jay Kesan.  The other participants included Mr. Atul Jain, Dr. Sheetal Chopra, Dr. S.K. Murthy, Ms. Latonia Gordon and Dr. Kirti Gupta.

The third and final session for Day-1, titled Patent Remedies in a state of flux: Principles and Practice was moderated by Hon’ble Justice Prathiba M. Singh from the Delhi High Court.  This panel consisted of Prof. (Dr.) Shamnad Basheer, Ms. Bitika Sharma, Dr. Rafal Sikorski, Dr. Feroz Ali and Mr. Sandeep Rathod.

Justice Prathiba M. Singh, the keynote speaker at the roundtable, gave a short lecture on “India’s Evolving IP Jurisprudence – Indigenous, Ingenious or Both?” at a short reception held in the evening which was followed thereafter by dinner.

Day 2 began early with Session IV on the topic IP and Competition Law in India: Regulatory and Judicial Interventions. The panel was moderated by Mr. Augustine Peter and consisted of Ms. Geeta Gouri, Mr. Anand Pathak, Mr. Prashant Reddy, Mr. Vaibhav Gaggar and Mr. Kailas Karthikeyan.

The concluding session on the topic was called Standard-Essential Patents: Adjudicating FRAND in India from a Comparative Perspective and was moderated by Prof. (Dr) T. Ramakrishna. The panel consisted of Prof. Jay P. Kesan, Prof. Jorge Contreras, Mr. Rajiv Kr. Choudhry and Mr. J. Sai Deepak.

The photos from the event are available here.

Colloquium on Intellectual Property and Competition Law

The Centre is organising a Colloquium on Intellectual Property and Competition Law, which will take place at the National Law University, Delhi from March 13th to 17th, 2017. The purpose of the colloquium is to provide an opportunity to participants to engage in a meaningful study of the various domains of intellectual property and competition law, with emphasis on the contemporary issues that are relevant to each field of study. All the sessions will be conducted by reputed academics and practitioners from across the world, who are well-versed in the subjects of intellectual property and competition law. There are also sessions to consider the multitude of issues from a regional perspective across the breadth of the Asia-Pacific region. The colloquium will be attended by legal academicians, practitioners, and regulators working on intellectual property law and competition law issues in the Asia-Pacific region.

First Asia-Pacific Workshop on Empirical Methods in Innovation, Intellectual Property And Competition

In a world where we use extensive amounts of empirical data in research and decision making, the core objective of organising the First Asia-Pacific Workshop on Empirical Methods in Innovation, Intellectual Property and Competition (March 9-11, 2017) was to make academicians, policy makers and regulators more critical consumers of data in the fields of innovation, IP and competition. By providing an overview of empirical studies and methodological issues in different areas of IP as well as competition law, this workshop tried to help the target group learn how to approach and use data in their own research/ decision making. The resource persons of this workshop were Prof. Beth Webster (Centre for Transformative Innovation, Swinburne University of Technology, Australia),  Mr D. Scott Bosworth (Principal Economist, Nathan Associates Inc, California), Dr Ilja Rudyk (Senior Economist, European Patent Office, Germany), Dr Sukhpreet Singh (Senior Lecturer, University of Glasgow), Prof. Georg Von Graevanitz (Senior Lecturer, University of London), Prof. Jay Kesan (Professor of Law, University of Illinois), Dr Derek Ritzmann (Former Chief Economist, Competition Commission of Hong Kong), Prof. Shubha Ghosh (Syracuse University) and Dr Francis Rathinam (Senior Evaluation Specialist, International Initiative for Impact Evaluation).

A summary of the discussions can be found here.

A blog post relating to this workshop, written by Prof. Georg von Graevenitz, can be accessed from the CREATe blog or his personal blog.

[email protected] Conference

On 16th – 18th February, the Appellate Body of the WTO organized [email protected] Conference in collaboration with NLUD. The event saw the participation of several Appellate Body members of the WTO, most prominently Mr Ujal Singh Bhatia, the current Chairperson. Leading Academicians, International Lawyers, Diplomats and Policy Makers attended the Conference.

The Conference started with a keynote address by Mr Arvind Subramaniam, Chief Economic Advisor to the Government of India. He elucidated on the current state and prospects of the multilateral trade regime in the context of India. Following this, the inauguration featured a roundtable discussion focusing upon the topic, “The new global politics: Is there space for multilateralism?”. This roundtable set the tone and tenor for the discussions of the two day conference by inviting diverse perspectives from the distinguished panel.

Day 1 (17th February 2016): Drawing from the inaugural events, the first panel addressed the role of the WTO in intellectual property governance. Panelists, noting the prominence of TRIPS in the employment of the Dispute Settlement Mechanism,  elaborated on the challenges and the opportunities presented by the TRIPS Regime. The second panel focused on the evolution and challenges posed by trade remedy disputes at the WTO. The panel impressed upon the nuances of the WTO Dispute Settlement Model, with particular emphasis on its efficacy and reliability given trade asymmetries. The next panel carried the conversation forward by looking at the participation of developing countries in the WTO system. The panel put special emphasis on data relating to the participation, drawing lessons to be learnt in increasing developing country agency at the WTO. The final panel for the day looked at the rise of services and its scope within the WTO Regime. Complementing economic growth trajectories and the share of services with elaboration upon the extent of flexibility offered by the TRIMS regime, the panel  shed light on the growing importance of services.

Day 2 (18th February 2016): The first panel for the day focused on the dispute settlement mechanism of the WTO with its place in global governance. The complex relationship of multilateral and bilateral treaties to the WTO regime were discussed keeping in mind the resurgence of protectionist politics across the globe. A narrative noting the presence of an opportunity within the proliferation of fear in the global space was given definite shape through the comparative evaluations of different models, including questions of legitimacy and participation. The final panel of the Conference concerned non-trade concerns at the WTO. The embedded nature of trade with important concerns like health, human rights, public morals etc was recognized. Panelists reflected upon the growing importance of non-trade concerns at the WTO as signs of maturity within the WTO. This also brought an eventful reflection as to the concerns raised through the diverse sessions as to the future of the WTO.

Click here to view photos from the event.

WikiEdit2016

The Centre for Innovation, Intellectual Property, and Competition (CIIPC), as part of its Open Science Project, organised WikiEdit2016. The purpose of this workshop was to introduce students to diverse aspects of open knowledge resources and to motivate them to move beyond passive consumption of knowledge and become active producers of knowledge. The workshop was held on the 11th and 12th of November, 2016. It started with a keynote address on ‘Peer Production and Sharing’ from Mr Zakir Thomas (Former Director, Open Source Drug Discovery Project). He spoke about how sharing of information has evolved over the years and highlighted how Wikipedia has unchained knowledge from the clutches of a few. This was followed by a discussion on how the Wikipedia universe works wherein the content is created by thousands of users spread across the world. Ms Kuhuk Jain (Student, NLU Delhi) made a presentation on ‘Representation of Women in Wikipedia‘, highlighting the issue of gender bias and gender gap in Wikipedia. This led to a discussion on the possible reasons, one of the major being lack of adequate female representation in Wikipedia. Participants discussed how sexism on Wikipedia could be a reflection of the society we live in. This workshop also tried to address this by ensuring equal participation by men and women.

This was followed with discussions on editing guidelines and wiki page creation/ editing, led by Ms Rohini Lakshané (Wikipedia volunteer/ Program Officer, Centre for Internet and Society, Bengaluru) and Mr Tanveer Hasan (Wikipedia volunteer/ Program Officer, Centre for Internet and Society, Bengaluru). Participants tried their hands at editing pages and created new pages. The workshop ended on 12th of November with an open discussion on the learnings from the workshop and the future contributions to Wikipedia by the participants.

Workshop on SEPs: Patents and Antitrust issues in the High-Tech world

Dr Kirti Gupta and Prof. Jay Kesan

The workshop on SEPs: Patents and Antitrust Issues in the High-Tech World was the culmination of a five day short course on IP & Competition Law taught by Prof. Jay Kesan and Dr Kirti Gupta. Over 40 students of the penultimate and final year of the LL.B. programme of NLU Delhi attended the course, while the workshop on 27 August 2016 was attended by practitioners, professionals, and academics. The workshop was an enriching experience that dwelved into the technological and economic issues underlying standard essential patents in the telecommunication sector.

Participants at the workshop