Diploma in Intellectual Property, Media and Entertainment Laws

BY
LawSikho

Gain IP and Media skills and credentials with a Diploma in Intellectual Property, Media and Entertainment Laws certification by LawSikho

Mode

Online

Duration

12 Months

Fees

₹ 66000

Quick Facts

particular details
Medium of instructions English
Mode of learning Self study, Virtual Classroom
Mode of Delivery Video and Text Based
Learning efforts 4-6 Hours Per Week

Course overview

The Diploma in Intellectual Property, Media and Entertainment Laws certification course duration is 12 months. The students will be equipped with the required knowledge of fundamentals of Intellectual Property (IP) Law and legal aspects of Media and Entertainment Industries. The course not only provides theoretical studies but also hands-on practical lessons. 

The certification course is designed for Decision Makers, Officers in IP, Lawyers for Technology, Entrepreneurs, Directors, Lawyers seeking specialisation in media, entertainment or intellectual property laws and law students. The Diploma in Intellectual Property, Media and Entertainment Laws certification by LawSikho offers a robust curriculum that includes copyrightability, monetisation, licensing, media, and print media regulatory framework.

Also Read: Online Ip And Technology Law Courses & Certifications

The highlights

  • 12 Months Online Course
  • 24/7 Online Access to Study Material
  • Access to LMS, Android & iOS App
  • 1 Online Live Class/Week (50 weeks) 
  • Instructor Feedback on Assignments
  • 2 Practical Exercises/Drafting Exercises Per Week

Program offerings

  • 10 writing assignments
  • Training for writing articles
  • Training for publishing articles
  • Live doubt clearing
  • Doubt clearing on whatsapp
  • Lms & classes
  • Alumni
  • Interview preparation support
  • Internship and job support

Course and certificate fees

Fees information
₹ 66,000

Diploma in Intellectual Property, Media and Entertainment Laws Certification Fee Structure

Certification Course 

Fees 

Diploma in Intellectual Property, Media and Entertainment Laws

Rs 66,000

Diploma in Intellectual Property, Media and Entertainment Laws (EMI)

Rs 3,000 Per Month 

certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

The Diploma in Intellectual Property, Media and Entertainment Laws online course is designed for aspiring law students and working professionals to enhance their skills and knowledge. This course is also beneficial for: 

Eligibility criteria

Academic Qualifications

The students must have completed Higher Secondary or Class XII from a recognised Board or University. In the case of foreign nationals, they should have completed the equivalent of Higher Secondary in India in their respective country. Students must know the English language and the use of computers.

However no formal pre-qualification requirements are required, anyone who is willing to learn can join the Diploma in Intellectual Property, Media and Entertainment Laws online course.

Certification Qualifying Details

The Diploma in Intellectual Property, Media and Entertainment Laws offers certificates to the students when they have completed the course and all the assignments. The students will receive a hard copy of the certificate co-branded by NSDC and Skill India by courier.

What you will learn

After completing the Diploma in Intellectual Property, Media and Entertainment Laws certification syllabus, the students will gain in-depth knowledge of the fundamentals of Intellectual Property and legal aspects of media and entertainment industries. They will also learn how to draft contracts and negotiate in the media and entertainment field, IP protection and enforcement strategies.

Upon the completion of the Diploma in Intellectual Property, Media and Entertainment Laws training, copyright, licensing agreements, trademark registration, protection and patent law and patent disputes. The students will also be trained to write articles every month to publish on the iPleaders blog or other industry publications with the support of the leading industry experts.

The syllabus

Copyrightability and Registration

Introduction to Intellectual Property
  • Identification of intellectual property
  • Types of intellectual property and their legal framework
  • Importance of IP for SMEs
  • Monetizing IP 
  • Careers in Intellectual Property
Theories of IPR (Videos)
Types of IPR (Videos)
What to copyright and rights of copyright owners
  • Types of Copyrightable Works
  • Criteria for copyrightability
  • Right available to the Copyright Owner
  • Term of Copyright
IP Strategy to Protect Games- Case Study
  • What type of IP protection should game inventors use?
  • Case Study; Mattel Inc and Ors v. Jayant Agarwalla 
  • Can the names of games be copyrighted or trademarked?
  • Can rules of the game be copyrighted or patented?
  • Can design of the board in game be protected under copyright law or design law?
Procedure for copyright registration
  • Benefits of copyright registration
  • How to obtain a copyright registration
  • What are the documents required for a copyright registration
How copyright societies work
  • Registration of Copyright Societies in India 
  • Copyright societies in India 
  • Rules and Functions of Copyright Societies 
  • Control of owners over the society 
  • Collection and distribution of monetary value by copyright societies
  • Litigation pursued by copyright societies in cases of disputes
  • Landmark Judgements; IPRS v. Debashis Patnaik and Anr., ISRA v. Bar and Restaurant, IPRS v. FM Radio

Copyright Monetisation and Licensing

Agreements related to Commercialization of original audio-video content and revenue generation therefrom
  • Different types of agreements for the commercial exploitation of original audio-visual content 
  • Rights relating to theatrical distribution
  • Rights related to non-theatrical distribution
  • Distribution of rights related to sound recordings and musical works 
  • Revenue generation from exhibition of AV content 
  • Essential Clauses
Development of Original Digital Content
  • Basic understanding of digital content 
  • Creation of original content 
  • What are derivative works 
  • Essential clauses related to making adaption
What is a copyright assignment agreement and how it should be drafted?
  • Assignment of copyright 
  • Difference between assignment and license 
  • Different modes of copyright assignment 
  • Important clauses of a copyright assignment 
  • Disputes concerning the assignment of copyright
Buy- back agreement
  • Benefits of buy-back agreement 
  • How does buying back happen
  • Important clauses of buy-back agreement 
  • Treatment of third party in a buy-back agreement
Agreement for commissioning of audio-visual work
  • Film production service agreement and its important aspects
  • Drafting of Film production service agreement
Common Techniques for exploitation of copyright
  • Assignment of copyright 
  • Licensing 
  • Open Source Licensing 
  • Phonographic and Public Performance licensing in India
Open Source Licensing and Copyright issues
  • How open source licensing works
  • Business models around open source licensing 
  • Consequences of breach of terms of open source licensing
Understanding Digital Right Management and Copyright Law
  • Relationship of DRM technologies with copyright law 
  • DRM and Fair Use
  • DRM and data protection
How to Draft E-Book Publishing Agreement
  • Grant of Rights
  • Representation and warranties 
  • Royalties and Sales Reporting 
  • Determination of list price 
  • Right to enforce copyright against third parties
  • No obligation to use DRM and Geo Filtering technology on the publisher 
  • Modifications of terms by Publisher 
  • Acknowledgement of ownership
  • Other boilerplate clause
How to draft a video game licensing agreement
  • Specific clauses of a video game licensing agreement
  • Ways to structure such contracts
Synchronization and adaption License Agreement
  • How synchronization License works 
  • Terms included in synchronization license agreement 
  • Different forms of music adaption 
  • Essential terms of a licensing agreement for licensing of adaptation rights
How to draft a music licensing agreement
  • Purpose of Music Licensing Agreement 
  • Important clauses in Music Licensing Agreement
Major Open Source License and their Terms
  • Copyleft License such as GPL 
  • Permissive License such as BSD, MIT and Apache
  • How to acknowledge the creator when you modify/ redistribute?
  • What is the form of acknowledgement that must be shared at the time of redistribution 
  • Creative Common License
Open Source License: Validity and Key Insights
  • Examples of open source licenses 
  • What makes a software open source 
  • When to use open source license for building a product for startup
  • When we can use open source software for commercial use and its modification
  • Open Source License under Indian Laws
Templates/takeaways
  • Sample buyback agreement
  • Sample digital distribution agreement 
  • Sample satellite distribution agreement 
  • Sample digital music distribution agreement 
  • Sample video game licensing agreement 
  • Sample E- Book Publishing Agreement

Copyright infringment and practical remedies

Copyright infringement and practical remedies
  • Criteria for infringement 
  •  Fair use and other Defenses to infringement 
  • Types of remedies in case of infringement
  • Takedown notices 
  • Monetary damages, account of profits and injunctions 
  • Remedies available in respect of imported goods that violates copyright 
  • Criminal Remedies against infringement
Piracy under Copyright Law
  • Types of Piracy: Counterfeiting, Internet Piracy, End user piracy, Client Server Overuse, Hard Disk Loading
  • Provisions related to piracy in the Copyright Act: Section 65A of Copyright Act, 1957, Section 65B of Copyright Act, 1957, 
  • Issue of Jurisdiction
  • Case Study: UTV software Communication Ltd. v. 1337x. To and Ors., Microsoft Corporation v. Kiran, C.S
Copyright in Cyberspace
  • Protection of software, databases, websites, etc. 
  • The IT Act and protection of digital assets of an organization
  • Case study of Oracle-Google copyright dispute
Fair use and other Defenses to infringement
  • Use of Fair defence to protect yourself from copyright infringement
  • Find out if a particular use is Fair Use 
  • Situational examples of fair dealing: Photocopies of the books, short movie video clips for commercial purpose
  • Use of Trademarks under ‘Fair Dealing’.
Copyrightability of Movie Titles
  • Case Study: Krishika Lulla & Ors. v. Shyam Vithalrao Devkatta
  • Pointers of IP strategy in case of movie title and promotional materials of the movies
Takedown Notices under DMCA
  • Relevance of DMCA
  • How to read US laws 
  • Basic knowledge about DMCA
  • Takedown notice and who can file them
  • Issuing Takedown Notice under DMCA
  • DMCA Subpoena
  • Considerations before filing a Takedown notice
  • Counter Notice 
  • Responsibilities of Intermediaries after receiving takedown notices
Drafting legal opinion
  • Steps before drafting
  • Outlining your legal opinion
  • Content of a legal opinion: Background, Issue, Opinion, Conclusion, Summary, Disclaimer
  • Do’s and Don'ts of legal opinion drafting.
Conducting Script Clearance
  • Elements to be taken into consideration while doing legal due-diligence in script clearance
  • Title 
  • Copyright 
  • Trademark
  • Character’s Name 
  • Defamation/Privacy
  • Fair Use 
  • Other Guidelines
Sample documents
  • Sample Takedown Notice of copyright infringement on the internet 
  • 17 U.S. Code 512- Limitation on liability relating to material online 
  • Intermediaries Guidelines, 2011
  • Rule 75, Copyright Rules, 2013
  • Section 52 Amendment Copyright Amendment Act, 1952
  • Section 79, IT Act 2000

Concepts of Copyright under media law

Copyrightability criteria (video)
Principles governing copyrightability (video)
Identify which work is copyrightable (video)
Sections 13, 14, 17, 18, 19 and 30 of the Copyrights Act (video)
Section 2(a), 13, 17, 22, 27, 30 of the Copyrights Act (video)

Trademark law and registration

Introduction to Trademark Law
  • Need for trademarks
  • Importance of trademark registrations
  • Grounds of Refusal of trademarks
  • Absolute grounds
  • Relative grounds
Introduction to Trademarks (video)
Introduction to Trade Dress
  • Trade Dress in India
  • Case Studies: Colgate Palmolive & Co. versus Anchor Health and Beauty Care Pvt. Ltd., Cadbury India Ltd and Ors. v. Neeraj Food Products
  • Trade Dress in US 
  • Traffix Devices versus Marketing Displays
An overview of well-known trademarks
  • Special protection granted to well-known trademarks
  • How to get the tag of well-known mark 
  • Declaration by Court 
  • By the Registry
  • Factors to be considered to determine whether a trademark is a well-known mark
Trademark Selection and Strategy
  • How to select a trademark
  • Should brand name be the same as company name? 
  • Types of registrable marks
  • Non-conventional marks
  • Strategic benefits of series marks
Trademark Search and Classification
  • Goods and Services and their Classification (The NICE Classification)
  • Step-by- step functioning of the official search engine
  • Search Report
  • Creating and Maintaining a Dashboard
Non- Conventional Trademark
  • What kinds of marks are non-conventional trademarks
  • Non-conventional marks in India
  • How to register non-conventional marks in India 
  • Protection of non-conventional marks against infringement and passing off
Step by Step Trademark Registration Process in India
  • Conducting a Trademark Search
  • Filing application for registration of trademark
  • How are marks in a series different from one another?
  • Application for well known trademark 
  • User Affidavit
  • Examination of the application
  • Objection under section 9 and section 11
  • Publication of the application
  • Opposition Process
  • Notice of objection and response 
  • Notice of objection and response
  • Affidavit under Rule 44/46/47
  • Response to objections by trademark applicant
  • Validity and renewal of trademark registration 
  • Fast-track registration procedure
  • Online Trademark Registration Process
  • Note on the use of symbol ® and ™
Step-by-step trademark prosecution
  • Examination of the application 
  • Responding to the examination report 
  • Pre-publication objections
  • Submission in support of the show cause hearing 
  • Preparing a user affidavit 
  • Drafting a notice of opposition 
  • Drafting response to a notice of opposition 
  • Affidavit under Rules 45/46/47
Filing of a trademark (video)
How to protect your trademark internationally
  • Benefits of Madrid Protocol 
  • Procedure For Indian Businesses to file for international registration
  • Duration of International Protection
  • Relationship between domestic and international registration
Appeal, Review, Rectification and Cancellation of Trademark
  • Review
  • Appeal
  • Rectification/Cancellation
  • Procedure for filing rectification petition
  • Procedure for cancellation petition
  • Changes in Opposition procedure in the trademark application process (video)
  • Changes in procedure related to application through madrid protocol (video)
  • Changes with respect to filing procedure and application fees under Trademark Rules, 2017 (video)
  • Clarification on status of pending trademark application made under the trademark rules, 2002, after notification of 2017 rules (videos)
  • Discussion on examination stage of filing a trademark application (video)
  • Discussion on publication of trademark application in the trademark journal (video)
  • Discussion on rules on associated marks (video)
  • Grounds for refusal of registration of trademark (video)
  • How to file an application for a sound mark (video)
  • How to get a ‘well-known’ trademark status for your trademark (video)
  • Other changes introduced under new trademark rules, 2017 (video)
  • Procedural changes around renewal of trademark (video)
  • Procedural checks after filing a trademark application (before examination) (video)
  • Procedural rules around hearing (video)
  • Process for invoking anti-counterfeiting raids (video)
  • Process for registration or issuance of trademark certificate (video)
  • Use of Digital signature for signing documents (video)
Templates/takeaways
  • Registration Forms for different types of trademarks
  • Sample Petition for Response to Objections 
  • Sample TradeMark Affidavit for use.
  • Renewal FORM- TM-R
  • Post registration FORM-TM-P

Trademark Monetisation Techniques

Methods of commercial exploitation of trademark
  • Types of Trademark License; Distributor Arrangement, Franchising Arrangement, Arrangement to produce merchandise
  • Important aspects of Licensing and franchising arrangement
  • Legal Compliance around licensing, franchising and assignment
Drafting and Negotiating Franchising and Licensing agreement
  • Key clause in Licensing and Franchising agreement
Drafting and Negotiating Character Merchandising Agreements
  • Parties to the agreement
  • Important aspects of Character Merchandising Agreements
  • Concerns for Brand Owner
  • Concerns for seller/manufacturer
Taj Hotel Building Trademark
  • Implications and commercial benefits of obtaining a trademark over a building. 
  • Should building be trademarked or copyright
Overlap between Fashion Industry and Trademark (video)
Templates/takeaways
  • Sample Trademark Assignment Agreement
  • Sample Licensing Agreement
  • Sample Franchising Agreement for restaurant industry
  • Sample Merchandising license Agreement
  • Sample amended and Restated master franchise agreement 
  • Sample franchising agreement with drafting pointers

Trademark infringement and litigation

Criteria for filing a suit for passing off and infringement
  • Difference between passing off and Trademark infringement
  • Criteria for establishing passing off
  • Criteria for establishing trademark infringement as per section 29 of the trademark act
  • Reverse Passing off
Exceptions to trademark infringement
  • Section 30 of the Trademark Act
  • Section 32 of the Trademark Act
  • Section 35 of the Trademark Act
  • Honest Concurrent use of the Trademark 
  • Section 57 of the Trademark Act
Cease and Desist Notice for trademark infringement
  • Purpose of Cease and Desist notice
  • Benefits of sending a Cease and Desist notice
  • Procedure for filing a Cease and Desist notice
  • Drafting Cease and Desist notice
  • Cease and Desist order 
  • Drafting Response to a cease and desist notice
Strategy for initiation of infringement: passing- off proceed
  • When to take action against infringer
  • Where to file a passing off/infringement claim 
  • Filing of an application for ad- interim injunction (ex parte)
How to prove infringement/ passing-off
  • Establishing date of adoption/ date of commencement of the product
  • Provide data related to sale and advertisement expenditure 
  • Establishing similarity of the other mark 
  • Establishing likelihood of the confusion
  • Establishing Damage
Defence Strategy in infringement/ passing-off
  • Establishing one of the exceptions to infringement
  • Honest Concurrent Use and its exception
  • Establishing that there is no similarity/ no confusion
  • Use of your personal name in the brand
Steps for Trademark Watch
  • Screenshot guide on trademark watch
Trademark opposition and litigation
  • How to conduct a trademark watch to identify infringement
  • Opposition to trademark claims
  • Enforcement of trademark
  • Passing off suits
  • Trademark infringement litigation
  • When to opt for criminal prosecution
  • Groundless threat proceedings
  • Remedies for cross-border infringement of trademarks
  • Exceptions to infringement, trademark of personal names, honest and concurrent use, prior user etc.
Case Study: Google ad policies and intellectual property tips for brand-owners and marketers
How to deal with domain name disputes and Cybersquatting
  • Google adwords and trademark infringement 
  • Domain name disputes and cybersquatting
  • Actions to be taken in Domain name disputes
  • UNDRP Process
  • INDRP Process
  • How to decide between UNDRP/INDRP or approaching Indian courts?
  • Challenges against decision of the WIPO panel under UDRP
Career opportunities in trademark prosecution (video)
Templates/takeaways
  • Sample cease and desist notice 
  • Sample response to a cease and desist notice
  • Sample plaint for trademark infringement
  • Samples written statement for trademark infringement
  • Sampled UDRP complaint 
  • Sample INDRP complaint

Patent Law

Introduction to Patents
  • What is a patent?
  • New inventions
  • Product and process patents
  • What inventions can one file patents for?
  • Anticipation in the context of patents Act.
Who can apply for a patent
  • The requisite eligibility criteria for application of a patent
  • Invention disclosure form
  • The role of a patent agent 
  • The procedure of becoming a patent agent
Criteria for Patentability
  • Novelty, Inventive Step and Industrial Application
  • Patentability of software, algorithms and business methods  
  • Pharmaceutical patents 
  • Criteria for patentability vs. Section 3 prohibitions to patentability
Patentability of repurposed drugs
  • The meaning of drug repurposing
  • The patentability of repurposed drugs in India and abroad
  • The repurposing of favipiravir for the treatment of Covid -19.
Non-Disclosure Agreement and Invention Disclosure Form
  • Purpose of a non-disclosure agreement
  • Clauses of non-disclosure agreement
  • Limitation of non-disclosure agreement
  • Different aspects of Invention Disclosure Form
How to Conduct Patentability Search
  • Different kinds of patent searches 
  • Important terms which are helpful during a patent search 
  • Patent data centres (where to search)
  • Patent information retrieval (How to search)
Step-by-step navigation of inPASS
  • Accessing Indian intellectual property website
  • How to search patents using inPASS
  • How to proceed with search results
Freedom to operate search
  • Purpose of the FTO search and benefits associate with it
  • Conducting of FTO search
  • Elements of FTO report
  • FTO opinion
Patent Scouting
  • Technology scouting and its advantages 
  • Navigation of patent scouting via patent inspiration
Patent Landscaping
  • Patent landscape analysis 
  • Benefits of landscaping 
  • Procedure for patent landscaping analysis 
  • Result in charts and graphs 
  • Dynamic monitoring and analysis
Patent practise and procedure (video)
How to draft a patent application
  • The requirement of online patent search
  • The way to search for international patents
  • Importance of drafting a good quality patent application
  • The various components of a patent application
How to draft a patent specification
  • The meaning and importance of patent specifications
  • Different perspectives that should be used by the patent drafter
  • Various elements to be disclosed before drafting a patent application
  • Different challenges faced by the drafter and how to overcome them
  • How to draft the various parts of patent specification
Patent Claims and How to draft them
  • Patent claims and their importance
  • Construction of patent claims using using claim formatting rules 
  • Different type of patent claims based on drafting, inventions and fields  
  • Interpretation of patent claims
Drafting Claims in different industries
  • Drafting claims in Chemical, Drugs and Medicine, Mechanical Industries.
  • Internet of things (IoT) 
  • Software style of claims 
  • System level claims
Drawings in patent application
  • The role of patent drawings in an application
  • The different formats of patent drawings
  • The different types of patent drawings
  • The role of patent illustrators
  • How to draft patent drawings
Types of Patent applications
  • Overview of types of patent applications; Provisional applications, Complete applications, convention applications, PCT- national and international application 
  • Patent of addition 
  • Divisional application
How to file an online patent application
  • Who can apply for a patent?
  • Where should the application be filed? 
  • What are the contents of a patent application?
  • Electronic filing of patent applications
Patent application and registration process
  • Filing process
  • Preparation of patent specification
  • Ownership of patent
  • Patent searches (Invalidation Search, Patentability Search & Freedom to operate search)
  • Provisional and complete specification
  • Advantages of filing a provisional application
  • Registration process
  • Patent application in multiple countries (PCT route)
Patent Examination Process
  • Overview of various steps of the patent examination process
  • First Examination Report (F.E.R)
  • Drafting response to FER (F.E.R)
  • Procedure after the response in filled
Pre-grant opposition and its Filing Procedure
  • Grounds for filing a pre-grant opposition
  • Procedure for filing a pre-grant opposition
  • Examples of pre-grant opposition
Post-grant opposition and revocation of a patent
  • Grounds of filing a post-grant opposition 
  • Procedure of filing a post-grant opposition
  • Procedural difference between pre-grant and post-grant opposition 
  • Revocation of patent and its grounds
  • Difference between revocation proceeding and post-grant opposition 
  • Examples of post-grant opposition
Review petition before the controller of patents
  • Grounds of review petition 
  • Procedure for filing a review petition 
  • Difference between a review and an appeal 
  • Case study: Mylan Laboratories
Patent prosecution: pre and post grant opposition
  • The process of filing a pre grant and a post grant application
  • The procedural differences between the pre grant opposition and the post grant opposition
  • How to pursue a patent opposition
  • Revocation proceedings
  • Appeal to the relevant authorities in light of unfavourable decisions
Filing a Patent Infringement Suit
  • Grounds for filing a patent infringement suit 
  • Type of patent infringement suit
  • Determining patent infringement 
  • Procedure for filing an infringement suit 
  • Standard Relief against patent infringement 
  • Types of injunctions and damages
Response to Patent Infringement Suit
  • Defences against a patent infringement suit 
  • Exception to patent infringement as a defence
  • Revocation of patent- a defence strategy
  • Cross-Licensing 
  • Case Study; Ericsson v. Apple
Patent infringement suits
  • How to file a suite for patent infringement
  • Who can file an infringement suit
  • Different types of patent infringement suits
  • Different kinds of reliefs a plaintiff can be entitled to
  • Defences available to the defendant in a suit of infringement
  • The settlement strategies
IPR Litigation under the Commercial Courts Act
  • Purpose and Framework of Commercial Courts Act, 2015
  • Disposal of IPR related disputes under the Act
  • Available Remedies 
  • Application for summary judgement under Order 13A
  • Appeal
  • What is a software patent?
  • Is software patentable in India? (Video)
  • Four step test to determine whether a Patent Application is an abstract idea? (video)
  • Is software patentable in different jurisdictions? (Video)
  • How can one overcome abstract idea objection? (Video)
  • What is preferable for software- copyright or patents? (Video)
  • Analysis of software patent in UK (Video)
  • How can MOT (MACHINE- OR- TRANSFORMATION) Test be established in a software patent claim? (Video)
  • Blanket software claim rejection (Video)
  • In context of software patents, what is an abstract idea? Case: Alice corp v. CLS bank int. (Video)
Licensing of Patents
  • What is a patent license agreement?;
  • Different types of patent license agreements
  • Important clauses to be incorporated in a patent licensing agreement
  • How to draft a patent license agreement using online templates
  • What is a cross-licensing agreement
  • How to use a cross-licensing agreement as a defence strategy in an infringement suit
  • Ithe important clauses to be included in a cross-licensing agreement
  • Compulsory licensing and its importance
  • The controversy surrounding compulsory licensing
Patent Assignment Agreements
  • Benefits of patent assignment agreements for the parties involved
  • Comparison between patent assignment agreement and licensing agreement 
  • Essential of patent assignment agreement 
  • Types of patent assignment agreement 
  • Important clauses of patent assignment agreement 
  • Registration of assignment agreement with the patent office
Management of a patent portfolio
  • What is patent portfolio
  • Different problems faced by the company and the employed remedies
  • The role of a lawyer in patent portfolio management
  • Various steps of patent portfolio management
  • Patent portfolio valuation and its methods
  • Different industries’ patent portfolios and their management strategies
Patent docketing
  • What is patent docketing
  • What are the uses of patent docketing
  • Who uses the docketing system
  • Best practices of patent docketing process
  • Various docketing platforms and softwares
Standard Essential Patents(SEP)
  • The concept of standard essential patents
  • The purpose of standard setting
  • Standard setting organizations
  • FRAND terms of licensing
  • The conflict between competition law and patents with respect to SEPs
  • The relief of injunction in matters relating to SEPs
  • The difference between SEPs and compulsory licenses
Introduction to Patent law in the U.S
  • An overview of how registration of patents takes place in the US
  • Different types of patents
  • The eligibility criteria for filing patent applications
  • What cannot be patented in the US
Filing of patents in the United States
  • An overview of how patents are filed in the US
  • Who can file patent applications in the US
  • Provisional patent applications
  • Non-provisional patent applications
Patent prosecution in the USA
  • How patent applications get processed before the USPTO
  • The examination steps of a patent in the USA
  • The process of examination of non-provisional patent applications
How is an international patent application through The Paris Convention to be filed
  • Rules to be followed by the contracting parties of the Paris Convention 
  • Filing Procedure of an international patent application through the Paris Convention 
  • Benefits of filing an international patent application through the Paris Convention
How is an international patent application to be filed through the Patent Cooperation Treaty
  • Importance of international patent protection 
  • Filing requirement for a PCT application 
  • Procedure for filing an international patent application through PCT 
  • Concept of Patent Prosecution Highway (PPH) agreements
Templates/takeaways
  • Patent license agreement
  • Patent cross licensing agreement 
  • Patent pre grant notice of opposition
  • Patent post grant notice of opposition
  • Response to first examination report 
  • Patent assignment agreement 
  • Sample plaint for patent infringement
  • Sample written statement for patent infringement claim

GI and Designs Law

How and when to use Geographical Indications
  • Advantages of registering a geographical indication 
  • Consequence of Non-Registration of Geographical Indications 
  • Remedies for Infringement of GI 
  • Registration process for geographical indication
  • Case studies and application of GI- Darjeeling Tea, Basmati Rice, Scotch Whisky and GI Protection 
  • Monetization of GI and Transfer 
  • Renewal of GI 
  • Interrelationship of Trademark with GI
APEDA Basmati Decision
Design Search, Classification and Registration
  • Need to protect your design 
  • How to search for an existing design 
  • Locarno Classification of Designs 
  • Essentials for design registration 
  • Procedure of Registration 
  • Overlapping of Rights
    • Trademark 
    • Copyrights 
How to respond to a design examination report
  • Grounds of objection raised by the examiner
  • How can these objections be overcome?
  • What is the timeline of the examination process?
How to file a petition for cancellation of a registered design
  • Grounds for filing a cancellation petition
  • What are the processes involved in a cancellation petition? 
  • How should a cancellation petition be drafted?
Design Infringement Suit
  • How design may be infringed 
  • Piracy of a design 
  • How to file a suit for infringement 
  • Kinds of Reliefs granted 
  • Defences in a suit for infringement 
  • Appeals
Templates/Takeaways
  • Sample response to design examination report
  • Sample petition for cancellation of a registered design 
  • Sample plaint for design infringement 
  • Sample written statement for design infringement 

Basic Guidelines for Drafting Contracts

Introduction to parts of a contract
  • The different parts of a contract, and the sequence in which different clauses customarily appear in a contract
  • The categories to which each clause in a contract pertains
  • The Definitive Contract Drafting Checklist
Title, Recitals and Definition clauses
  • The relevance of the introductory parts of a contract
  • How the clauses covered in the introductory parts are drafted
Representations and warranties clauses and covenants
  • What exactly are representations and warranties and why they are required
  • Tips and strategies in drafting representations and warranties clauses
  • The consequences of false representations
  • What are covenants?
Conditions precedent, Conditions subsequent and Completion
  • The concept of conditions precedent and the relevance of the conditions precedent clause in a contract
  • Conditions subsequent and completion
  • The consequences of breach of conditions precedent and conditions subsequent clauses
  • How to draft the conditions precedent, conditions subsequent and completion clauses
How to daft Obligations and Payment clauses in any contract
  • The relevance of the obligations and payment clauses 
  • How payment and increment clauses are drafted
  • The consequences of default in payment 
  • How should consideration clauses be drafted?
Term, Termination, Renewal and Survival clauses
  • How to decide the ‘term’ of a contract and draft the ‘term’ clause
  • How termination is connected with the term of the contract and how to draft termination clauses
  • The different methods by which a contract can be renewed 
  • Which obligations under the contract continue even after termination?
Assignment and Change of control clauses
  • Which rights in an agreement can be assigned and which ones can be retained
  • How anti-assignment clauses work
  • The significance of the ‘change of control’ clauses and how these work
  • How assignment of specific types of subject matter such as intellectual property works
  • Is revocation of assignment possible? How can it be given effect?
Confidentiality, Non-compete, Non-solicit and Exclusivity clauses
  • The concept and the need for confidentiality, non-compete, non-solicit and exclusivity clauses
  • How to draft an effective confidentiality clause
  • In which situations can a non-compete clause be enforced?
  • Cases where non-solicit and exclusivity arrangements are used
Indemnity and limitation of liability clauses
  • The concept of an indemnity clause and the reason why it is required in a contract
  • Situations when an indemnity clause can be triggered
  • How to draft an effective indemnity clause
  • Difference between an indemnity and a guarantee
  • The effect of Limitation of Liability clauses
Breach and Enforcement related clauses
  • The concept of breach and what kinds of scenarios amount to a breach
  • Consequences of breach which can be specified in a contract
  • Legally permissible remedies in the event of a breach
  • Whether to draft a breach clause as a general or specific clause
  • Types of liquidated damages clauses which are permitted under Indian law
  • What care should you take while drafting a breach clause
  • What is the difference between a breach and an indemnity claim?
Governing law, Jurisdiction, Arbitration and Dispute resolution clauses
  • The relevance of the Governing Law and jurisdiction clause
  • Learn how the Governing Law and jurisdiction clauses should be drafted
  • Why is a dispute resolution clause required in a contract?
  • Why are alternative dispute resolution methods better than conventional legal proceedings?
  • What is Arbitration? Which disputes are arbitrable and what is the difference between ad-hoc and institutional arbitration?
  • Learn how to draft an effective arbitration clause
Addendum and novation agreements
  • The meaning of addendums in an agreement
  • The difference between addendum and amendment
  • The application of addendum and how to draft the same
  • What is a novation agreement?
  • The principles and essentials of discharge of an agreement through novation

IP and Business Transactions

Protection of IP from Employees, Consultants and Vendors
  • How to protect IP from employees
  • Protection of IPR and organizational know-how from lenders, suppliers, investors and consultants
How to Use NDA’s to Protect Your IP
  • Seven key issues that you should look out for in an NDA
Sample Non-Disclosure Agreement
Confidentiality, Exclusivity, Non-Solicit clauses to protect your Intellectual Property
  • Drafting an effective confidentiality clause 
  • Exclusivity/No-Shop 
  • Non-solicit
Sample Confidentiality Agreement
Use of Technological Measures such as DRM to Protect Copyright
  • Relationship of DRM technologies with copyright law 
  • DRM and Fair Use
  • DRM and data protection
Tameplates/takeaways
  • Sample IP Assignment Agreement 
  • Sample Technology Transfer Agreement 
  • Sample Work for Hire Agreement 
  • Sample Inventions Agreement 
  • Sample Software and Technology Development, Support and Maintenance Agreement
  • Sample Sample Microsoft Employee Agreement 
  • Sample Research and Development Agreement
  • Sample Technology Transfer Agreement 
  • Sample Electronic Publishing Agreement

Media and Policy

An overview of different types of media and the laws governing them
  • Print Media 
  • Broadcasting Media 
  • Digital Media 
  • Advertisement Standard Council of India
Constitutional Provisions for freedom of speech and parliamentary privileges
  • Privileges granted to the members of the parliament 
  • Privileges and their conflict with the freedom of press 
  • Power to commit for contempt
Freedom of press and permissible restrictions including suspension in emergency
  • Case Studies: Romesh Thappar v. The State of Madras    
  • Restrictions on the freedom of press 
  • Suspension of freedom of press in emergency 
  • 44th Constitutional Amendment, 1978 and amendment afterwards
Commercial Use of Indian National Flag and other national emblems in Media and Branding Activities
  • Laws governing the use of Indian National Flag 
  • Use of other National emblems

Print Media Regulatory Work

Conflict between the Official Secret Act, 1923 and freedom of speech
Surrogate advertising and its regulation
  • Restrictions on advertising of Cigarettes 
  • Restrictions on advertising of Liquor
  • International laws against advertising harmful products 
  • Self regulation against surrogate ads

Entertainment TV, news, and current affairs

Do Online video streaming services like Netflix and Amazon Prime need film certification for original content?
  • Basics of over-the-top (OTT) applications
  • Regulation mechanism for content exhibited on OTT
  • Current legal scenario on the issue 
  • Basic concepts of SVoD
Regulation of TV programmes and how you can complain against objectionable content?
  • How content in the TV programmes regulated 
  • How to file a complaint for content on TV 
  • Code according to the Cable Television Network Rules, 1994.
How are TRPs- Television Rating Points measured?
  • TRP and their relevance
  • Who measures TRPs
  • How are TRPs Measured
Entertainment tax and impact of GST on entertainment
  • How is entertainment tax levied under the GST regime 
  • Additional taxes by municipalities

Television Disputes

What are the different types of disputes in the television industry?
  • Title Rights in TV Serials
  • Disputes on Obscene Content
  • Disputes on Format Rights
  • Carriage Disputes 
  • John Doe Orders

Film/Online Content/Music

Film Distribution and Commissioning of the Services
  • Relevant Rights and Definitions
  • Important Clauses 
  • Draft Clauses
How can you get a censorship certificate for your films?
  • Identify which films require CBFC certification 
  • Process of obtaining film certification 
  • Legal recourse incase of certification is not granted 
  • Legal actions in case of adverse government action post CBFC certification 
  • CBFC certification for Ott films and documentaries.
Do Online video streaming services like Netflix and Amazon Prime need film certification for original content?
  • Basics of over-the-top (OTT) applications
  • Regulation mechanism for content exhibited on OTT
  • Current legal scenario on the issue
Novation and Addendum
Synchronization and adaption of music
  • Relevant Clauses 
  • Reference Material 
  • Case Study: Indian TV v. Yash Raj Films, Saregama v. Viacom
  • Adaption (Video/Audio)
  • What is Synchronization (Video/Audio)
  • Copyright Amendment, 2012 (Video/Audio)
  • Explanation of Synchronization of rights (Video/Audio)
  • Explanation of Adaptation of rights with examples (Video/Audio)
  • Exploitation of satellite rights
    • Important clauses
Personality Rights and Character Rights
  • Concept and Illustrations 
  • Legal Sources of Personality and Character Rights 
  • Case laws; Shivaji Rao Gaikwad v. M/S Varsha Productions, Titan Industries v. M/S Ramkumar Jewellers 
  • Difference between Personality and Character Rights
  • Personality Merchandising and Character Merchandising 
  • Infringement and Redressal
Exploitation of Character Rights
  • Important clauses
Templates/Takeaways
  • Sample Music Assignment Agreement 
  • Sample Buy-Back License Rights 
  • Sample Exploitation of Digital Rights 
  • Film Distribution Agreement 
  • Sample digital distribution agreement 
  • Sample Film Distribution Agreement 
  • Sample Agreement for Commissioning service 
  • Sample Overseas distribution agreement 
  • Sample Writers agreement 
  • Sample In-film/show association and service agreement

Radio

How is content on radio channels regulated?
  • Types of Radio; All India Radio, Community Radio Station, Operating private FM radio broadcasting services 
  • Monitoring committees 
  • Complaints and redressal mechanism

Defamation, Blasphemy, Sedition and Obscenity in Media

Defamation- How can you enforce your rights?
  • Meaning of defamation under Indian Law
  • Remedies against defamation 
  • How to file a defamation suit against media 
  • Defences against defamation suit 
  • SLAPP- Strategic Lawsuit Against Public Participation
  • Statutory provision on defamation, Section 499, Indian Penal Code
Blasphemy, its legality and impact on media
  • Constitutional Provisions relating to religious freedom 
  • Provisions of Indian Penal Code, 1860
  • Provisions of the Code of Criminal Procedure, 1973
Are String Operations Legal in India?
  • Why they are carried out 
  • Legality of string operations, Case Study; R. Rajagopal v. State of T.N, Aniruddha Bahal v. State
  • Guidelines

Admission details

To join the Diploma in Intellectual Property, Media and Entertainment Laws classes, follow the below-mentioned steps: 

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/diploma-intellectual-property-media-entertainment-laws

Step 2: Students must click on the “Enroll Now” button, fill in the required details and click on the “Submit” button

Evaluation process

The students must write an MCQ test after completing the certification course. The grades will be provided to the students based on their performance in the examination. The following are the grades awarded to the students:

  • Less than 40 - F (Fail)
  • 41 to 59 - C+ 
  • 60 to 79 - B+    
  • 80 to 100 - A+

How it helps

The Diploma in Intellectual Property, Media and Entertainment Laws certification benefits include:

  • Students will receive hard copy material within 45 days of the beginning of the course without any additional charges, but students residing internationally must pay the courier cost.
  • The certification course offers an extensive curriculum that covers all the aspects of Intellectual Property, Media and Entertainment Laws. 
  • Students will get personal coaching from the trainers and individual feedback on the assignments or projects. 
  • The course also offers free courses on professional networking, CV writing and interview skills that will benefit the students in finding jobs.
  • The top performers of the class will be recommended for top law firms for internships and jobs. 
  • The students will be able to function effectively in all the tasks related to media, entertainment and intellectual property laws

FAQs

What is the duration of the Diploma in Intellectual Property, Media and Entertainment Laws Training?

The course duration is 12 months, the classes will be conducted 4 to 6 hours every week. Students will get access to the study materials on an online learning management system.

Are there any minimum attendance requirements for the Diploma in Intellectual Property, Media and Entertainment Laws certification course?

Maintaining a minimum attendance is not required but the course will conduct online weekly classrooms for 1.5 to 3 hours, where attendance is recommended as students will get feedback on the assignments by the experts.

Who can apply for the Diploma in Intellectual Property, Media and Entertainment Laws online course?

This course can be applied by Decision Makers, Officers in IP, Entrepreneurs, Directors, and Lawyers looking for specialisation in media, entertainment or intellectual property laws and law students.

Do I need to go to any examination centres to write the MCQ tests for the Diploma in Intellectual Property, Media and Entertainment Laws certification course?

No, candidates can take MCQ tests online from their homes by logging on to the online Learning Management System. It is recommended that they use a computer to take this test.

What are the passing criteria for the Diploma in Intellectual Property, Media and Entertainment Laws online course?

Students are required to pass with 40 percent of the total marks and complete the weekly exercises, articles or assignments to receive a completion certificate.

Trending Courses

Popular Courses

Popular Platforms

Learn more about the Courses