LiveLaw Academy's Certificate Course On "The Trademark Law: From Registration To Litigation"
LIVELAW NEWS NETWORK
4 Nov 2024 12:42 PM IST
Mugging up the relevant sections of the Trademarks Act, 1999 and successfully regurgitating them in an exam is one thing, but practically applying these provisions in concrete cases and in response to client requisitions is another. It is this gap which this course seeks to fill. The course is aimed at equipping learners with the knowhow required to successfully file trademark applications and to take them to their logical conclusion and to effectively argue trademark disputes in a court of law. It will be informed by an understanding of the practical challenges that arise at each stage of the life cycle of a trademark application and offer legally robust pathways to address the same. The course will be taught by an instructor who possesses a rare combination of rich academic knowledge and practical experience in this branch of law.
About the course instructor:
This course will be taught by Advocate Rahul Bajaj - a Rhodes Scholar. Adv. Bajaj is a legal practitioner with expertise in the branches of intellectual property law, constitutional law and disability rights law. He is a Rhodes Scholar, with two masters in law degrees from the University of Oxford. He secured the Faculty Prize for securing the highest marks in the intellectual property law course in the BCL course. His MPhil in law thesis in Oxford explored the intersection of Indian patent law and the right to health. Prior to this, he was a gold medallist in the B.A.LL.B. course at the University of Nagpur. He was also a fellow for SpicyIP, a leading intellectual property law blog in India.
On returning to India, Adv. Bajaj worked as a Judicial Law Clerk to the current Chief Justice of India, D.Y. Chandrachud. Adv. Bajaj also has two years of work experience at Ira Law, a law firm with expertise in IP law where he was involved in multiple trademark filings, oppositions and lawsuits. He has been a visiting faculty at the National Law School of India University, Bengaluru, NALSAR University of Law, Hyderabad, NLU Delhi and BML Munjal University School of Law [currently ongoing].
Course Objectives:
The course will be divided into 8 classes, with each class being of 2 hours duration.
Two classes will be taught per week.
Sometime will be kept aside in each class for clearing doubts.
A WhatsApp group shall also be set up of all the participants, to facilitate exchange of ideas and clearance of doubts on an ongoing basis.
On successful completion of the course, a certificate will be issued to the students.
The two best performing students will be given an internship in Adv. Bajaj's office.
Any law enthusiast which includes
Lawyers
Law Students
Academicians
Law Officers
Anyone having an Interest in the Trademark Law
Dates: 16th November to 22nd December 2024 (Tentative)
Time: Every Saturday and Sunday, 10AM to 12PM
Duration:The course is of 10 classes, totaling 20+ hours, approximately.
Platform: Online via Zoom
Fee: Rs. 3999/- (all inclusive)
Registration Link: Click here
Course outline:
Module | Subject matter | Explanation | Relevant classes |
Module 1 | what is a trademark, its significance for different entities and individuals, non-conventional marks, trademark classes and their importance, trademark due diligence, anti-dissection rule, well-known marks, ways of obtaining trademark protection and enforcing rights in a trademark | This module will provide the learner a basic overview of the key concepts and principles that are relevant for trademark law practitioners. The goal will not be to go into the nuances of each topic covered but to provide a basic understanding of the life cycle of a trademark, so that learners have the complete picture. This holistic understanding will make it easier to understand how the different pieces covered in subsequent modules fit together. | 1 and 2 |
Module 2 | Trademark due diligence and trademark registration procedure | This module will focus on the due diligence that an applicant must conduct before filing a trademark application, to increase the likelihood of the trademark application being successful. It will also cover the details of the trademark registration procedure – the indicia of a good trademark application and the various stages in the registration process. | 3 |
Module 3 | Grounds of refusal of trademarks | In trademark prosecution, knowing the most commonly cited absolute and relative grounds of refusal is fundamental. This module will therefore look at each of these grounds, with reference to legislative provisions, judicial precedents and practical strategies to overcome objections on such grounds. | 4 and 5. |
Module 4 | Trademark infringement and passing off | This module will cover the various kinds of trademark infringement and their ingredients, ingredients of claims of passing off and the various remedial options that are available to a plaintiff in a trademark infringement/passing off lawsuit. It will also look at a range of examples to evaluate the variables that play a role in the court deciding whether or not a mark is infringing/passes off another. It will cover the various stages in a trademark infringement/passing off suit. It will also touch on the documents one needs to file to establish their case, the importance of an interim injunction, the way most trademark suits fizzle out after the interim injunction is decided, the kinds of creative orders passed by courts - for example, change of Defendant mark in exchange for Plaintiff giving up the damages claim, or defendant granted time to exhaust their existing goods with the infringing marks, or division of territories. | 6 and 7. |
Module 5 | Defences | This module will cover in detail the menu of potential defenses that a defendant can deploy in a trademark infringement/passing off proceeding with reference to legislative text and judicial exposition. | 8 |
Module 6 | Negotiating trademark clauses in contractual arrangements: practical issues and strategies | This module will cover trademark licensing/assignment, a range of contractual arrangements involving trademarks that are commonplace and considerations to be accounted for while negotiating each type. | 9 |
Module 7 | Practicing trademark law: a ringside view | This module will feature a discussion between the course instructor and an expert on trademark prosecution, a seasoned arguing counsel in trademark law matters and a trademark law academic. The goal would be to familiarize learners with their career trajectories, views on the current state of this area of law and emerging opportunities and challenges. | 10 |
After the completion of the course, you will be able to:
1. Understand the fundamental concepts of trademark law, including non-conventional marks, trademark classes, and well-known marks.
2. Conduct effective trademark due diligence to increase the likelihood of successful trademark applications.
3. Navigate the trademark registration procedure with confidence, knowing the indicia of a good trademark application and the various stages in the registration process.
4. Identify and address common grounds for trademark refusal, both absolute and relative.
5. Recognize different types of trademark infringement and passing off, and understand the ingredients of each.
6. Formulate strategies for trademark infringement and passing off lawsuits, including understanding remedial options and the importance of interim injunctions.
7. Deploy appropriate defenses in trademark infringement and passing off proceedings.
8. Negotiate trademark clauses in various contractual arrangements, including licensing and assignment agreements.
9. Understand practical issues and strategies in trademark law practice from the perspectives of trademark prosecutors, arguing counsels, and academics.
10. Apply theoretical knowledge of trademark law to real-world scenarios and client requisitions.
11. File trademark applications and effectively guide them through to their logical conclusion.
12. Argue trademark disputes competently in a court of law.
13. Navigate the practical challenges that arise at each stage of a trademark's lifecycle.
14. Possess a holistic understanding of trademark law that bridges the gap between academic knowledge and practical application.
Contact: academy@livelaw.in
FAsQ:
Will recordings be provided?
Yes, the recordings can be watched directly from the course portal during the course duration.
When can we register?
The registrations are open till November 15th 2024.
Will the students receive certificates?
Yes, the students will receive certificates of completion from LiveLaw Academy and the Instructor.
What is the medium of instruction?
The course will be conducted in English Language, the material shared will also be in English language.
Are there Scholarships ?
Scholarships will be awarded to people from marginalised communities. The applicants can send an Email with their Profile along with a Statement of Purpose to academy@livelaw.in.
