Centre for Internet & Society

The V Annual IP Teaching Workshop- 2016 was organised by the Centre for Innovation, Intellectual Property and Competition (CIIPC), at National Law University Delhi in association with National Academy of Law Teaching, NLU-D, on March 31 and April 1, 2016 in Delhi. Nehaa Chaudhari was a speaker.

Concept Note

The annual IP teaching workshops have previously been hosted in association with University of Washington School of Law, Seattle. In 2012, the first such workshop identified several broad challenges faced by teachers of intellectual property law in India. In 2013, the second IP teaching workshop focussed was on IP teaching techniques, use of information and communications technology in IP teaching, research and publication. The third workshop in 2014 discussed various issues initiating IP clinics in India.  In 2015, the IV annual IP Teaching workshop focused on diverse issues involving curriculum development, student participation in IP activities, empirical research in IP, academic contributions to IP policy-making, and IP teaching beyond law schools. All workshops have had key speakers and resource persons from India and abroad.

By bringing together a select gathering of IP teachers and scholars from different corners of India, the 2016 workshop in its fifth edition aims to focus on developing a thematic research agenda on contemporary legal issues involving “IP interfaces”. The general approach to the study and teaching of intellectual property in India tends to look at intellectual property in isolation to other areas of law. However, many scholars and teachers of intellectual property have in the past and present eschewed such an approach since it fundamentally limits critical thinking and holistic appreciation of intellectual property law, both in theory and in practice. Recent scholarship has focussed on the overlapping nature of issues within intellectual property. However, teachers and scholars of intellectual property do regularly encounter deeper and intricate questions involving IP interfaces in terms of their symbiotic relationship shared by IP with other areas of law, both- domestic and international law.

IP interfaces looks into the complex web of legal relationships and contestations between intellectual property law in India and other areas of law viz., the law of property, constitutional law, law of contracts, tort law, criminal law, international trade law, international investment law,  competition law, technology and regulatory laws. Briefly, these areas of law pose important challenges in the development of IP law, which often have specific legal consequences. Taking recourse to the study of interfaces shared by IP with other areas of law may help us in placing decisive legal limits or in advancing potential legal interpretations that may have teleological consequences for various stakeholders implicated by the IP system. These key areas of law identified above are only indicative, and hence non-exhaustive.

The academic community is invited to contemplate on the theme of the conference by framing specific and focused research questions in different areas of IP law that raise legal implications in their interaction with other areas of law. To specifically scope the thematic discussions during the workshop, we look forward to research proposals that avoid pure policy questions that may govern such interfaces. The workshop aims to focus on legal argumentation, articulation and outcome by working on specific legal questions on IP interfaces. The aim to develop a concrete research agenda in order to discern legal principles that guide such legal relationships in terms of their conflicts, complementarities and contestations of IP interfaces. This is with an exclusive focus on several key areas of Indian/international law in its interaction with intellectual property law in India, as governed by different statutes, case-law jurisprudence and common law principles.

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