WEBVTT Kind: captions Language: en 00:00:24.440 --> 00:00:31.080 a very warm welcome in module 3 of week one of the course intellectual propert property dispute 00:00:31.080 --> 00:00:41.200 code practices and enforcement now this session is focused on a IP litigation overview so we have 00:00:41.200 --> 00:00:49.240 earlier in the earlier module we have seen y IP why IP litigation is there okay so that details 00:00:49.240 --> 00:00:54.480 we have seen the premise for this particular course we have gone into the details in the 00:00:54.480 --> 00:01:01.920 earlier session now in this session what we will do we will focus on a overall litigation overview 00:01:01.920 --> 00:01:09.720 about intellectual property our discussion will be focused on a intellectual property probability is 00:01:09.720 --> 00:01:15.760 that it this lecture will be little bit like a longer so what we will do that we will divide 00:01:15.760 --> 00:01:22.400 this into two parts as part one and part two as a module three which we are continuing now and next 00:01:22.400 --> 00:01:30.120 is a module four so let us start so when we are talking about this intellectual property litig 00:01:30.120 --> 00:01:36.760 ation a key facts which we can consider you can just check here these are introduction to that 00:01:36.760 --> 00:01:45.480 IP litigation harnessing IP we will focus on that then we will check the IP litigation little bit 00:01:45.480 --> 00:01:51.800 information about that particular the premise we will set then we will go into the key concepts of 00:01:51.800 --> 00:01:59.640 Ip litigation then we will divide the discussion into four parts like we will focus on Academia we 00:01:59.640 --> 00:02:06.240 will focus on Research organizations then we will focus on industrial organization and then we will 00:02:06.240 --> 00:02:15.720 check as a nation India and IP litigation status or how exactly the system is so whole discussion 00:02:15.720 --> 00:02:22.160 next one hour we can say that is the two modules okay that will be around this particular points 00:02:22.160 --> 00:02:29.120 whatever you are checking here okay so when we are talking about intellectual property we 00:02:29.120 --> 00:02:36.400 we know that that we are in a knowledge economy nowadays it is a very commonly used terminology 00:02:36.400 --> 00:02:45.240 and everyone is aware about that so 1980 is a time where that shift happened okay now you will 00:02:45.240 --> 00:02:52.480 say why this 1980 or what that major sh happened especially in us at that time Bol act came into 00:02:52.480 --> 00:02:59.960 existence and that probably may be one of the reason for this particular move but Japan was be 00:02:59.960 --> 00:03:06.360 before that only Japan has used or started using intellectual property and they were like having 00:03:06.360 --> 00:03:14.000 great IP management practices before that only so our like if we talk about intellectual property 00:03:14.000 --> 00:03:19.960 development probably Japan is like a starting point and then it shifted towards a like it 00:03:19.960 --> 00:03:25.280 is from east to west movement is there in that particular like IP management especially when we 00:03:25.280 --> 00:03:31.960 are talking now what happens in knowledge economy what is a we we know that agricultural economy 00:03:31.960 --> 00:03:37.480 industrial economy manufacturing economy right we are now in a knowledge economy what is the meaning 00:03:37.480 --> 00:03:44.840 of that particular so the intellectual Creations I will just focus with the perspective of Ip so what 00:03:44.840 --> 00:03:50.840 happened that intellectual creation whatever is there that is getting more importance and 00:03:50.840 --> 00:03:57.880 therefore what happen it is necessity it becomes a mandatory requirement to protect that creation 00:03:57.880 --> 00:04:04.680 and in earlier session I have shared with you the that how exactly the Paris convention that 00:04:04.680 --> 00:04:12.640 conceptualized how that particular event happened and then the discussion for the Paris convention 00:04:12.640 --> 00:04:19.680 related to IP that is a modern IP system starting point we can say it was like a it has taken birth 00:04:19.680 --> 00:04:27.760 we can say 1886 right so that was 1883 86 burn convention Paris convention and that is the period 00:04:27.760 --> 00:04:33.640 when this like discussion about intellectual property become very serious especially you can 00:04:33.640 --> 00:04:41.640 see that all developments in Europe now in this intellectual property when it is emerged as a like 00:04:41.640 --> 00:04:48.720 knowledge economy when it is taking a important seat we can say why because it gives a competitive 00:04:48.720 --> 00:04:54.720 Advantage it gives a competitive advantage and when we are talking about innovation technology 00:04:54.720 --> 00:05:02.400 development inventions what happened to protect that this is playing a major role so intellectual 00:05:02.400 --> 00:05:10.680 property acts as a instrument to take care of all this Innovation this particular in knowledge 00:05:10.680 --> 00:05:16.080 economy when we are talking businesses are very particular that they they are understanding 00:05:16.080 --> 00:05:22.200 and appreciated the importance of intellectual property and therefore what happens when we say 00:05:22.200 --> 00:05:30.360 we are in knowledge economy you will definitely see a good IP portfolio by leading companies 00:05:30.360 --> 00:05:36.480 in the market leading organizations in the market when we talk about IP portfolio obviously it will 00:05:36.480 --> 00:05:41.960 involve all types of intellectual property in week two we are discussing about a different types of 00:05:41.960 --> 00:05:48.560 IB you know that but we will just quickly like go into briefly go into that all types so that there 00:05:48.560 --> 00:05:55.040 will be like recap that re revisiting that particular Concepts and that we are doing in a 00:05:55.040 --> 00:06:00.640 week two so all these eight types of intellectual property when we are talking about that come under 00:06:00.640 --> 00:06:08.600 the IP portfolio right now when we are talking about this IP litigation this litigation is around 00:06:08.600 --> 00:06:14.440 that particular eight types of intellectual property right so when we are talking about 00:06:14.440 --> 00:06:20.760 IP litigation we are dealing with that eight different types of a intellectual property now if 00:06:20.760 --> 00:06:29.280 you see here the the scenario of a patent just to give you idea that how the countries are or which 00:06:29.280 --> 00:06:35.640 country countes are active and how particularly the patent filing is going on because that is one 00:06:35.640 --> 00:06:43.240 of the indicator you can say for that knowledge economy 16 lakhs plus patents are filed in one 00:06:43.240 --> 00:06:50.800 year if you see the the time period of one year last like last like year it is like a 16 lakhs 00:06:50.800 --> 00:06:58.680 patents file and if you see the leading econom is China is the leader number one second is USA next 00:06:58.680 --> 00:07:05.800 is Japan next is Korea then France and Germany and then you can see the old details here in this 00:07:05.800 --> 00:07:13.600 particular that figure which we have shared with you so that gives a pretty well picture that how 00:07:13.600 --> 00:07:20.280 the economies like how the countries are looking seriously towards the intellectual property and 00:07:20.280 --> 00:07:28.520 the the the the Nations like China USA Japan they are leaders and they are filing maximum patents so 00:07:28.520 --> 00:07:34.880 that this is so this is something which is a very important and indicator of a knowledge economy 00:07:34.880 --> 00:07:43.200 now if you see further we we just appreciate that okay there is a this much number of Ip are filed 00:07:43.200 --> 00:07:50.400 but what about the like how exactly the scene is going on how exactly the utilization is going on 00:07:50.400 --> 00:07:57.160 how exactly the technology is like or innovation is going on around that particular domain and 00:07:57.160 --> 00:08:04.400 if you see here this particular figure gives you idea about the patent litigation and this patent 00:08:04.400 --> 00:08:11.080 litigation in a particular industry so you can see here software and data processing industry it is 00:08:11.080 --> 00:08:20.440 showing the 15% of a litigation manufacturing is showing 12% Pharmaceuticals 12% networking and 00:08:20.440 --> 00:08:27.760 communication 11% retail and service industry you can see 11% and rest you can just go into 00:08:27.760 --> 00:08:33.160 the details in this figure and this is a very indicative we can say the information this is 00:08:33.160 --> 00:08:39.560 a very important information that when we are talking about a pent litigation which industry 00:08:39.560 --> 00:08:47.560 are like more active or aggressive if I use that word is not like exageration that they are like 00:08:47.560 --> 00:08:54.600 very much affirmative very much like arising the rights of a related to that particular technology 00:08:54.600 --> 00:09:01.440 which they have protected by using a patent as a one of the instrument if we consider the different 00:09:01.440 --> 00:09:11.040 types of Ip so this is the scenario of 2023 moving further if you see this number is a very important 00:09:11.040 --> 00:09:18.840 that how many cases if you see the dispute or IP litigation these figures gives you idea about a 00:09:18.840 --> 00:09:27.400 award about the the damages which are received in the litigation and these damages are above $100 00:09:27.400 --> 00:09:35.480 million you just imagine that particular so it's a $100 million is approximately if I convert into 00:09:35.480 --> 00:09:41.200 Rupees it is coming around if current dollar conversion rate if I take into consideration 00:09:41.200 --> 00:09:49.480 it is coming up to like around that approximate 832 cres in the form of a damages and how many 00:09:49.480 --> 00:10:01.320 cases if you see it's like in 2023 there are five cases in 2022 it is a seven in 2021 one it is four 00:10:01.320 --> 00:10:09.800 if you go into 20206 so you can just check in the figure that how the IP litigation is going on and 00:10:09.800 --> 00:10:15.640 the involvement of money the litigation this is only damages you can just see the involvement the 00:10:15.640 --> 00:10:23.080 prosecution that part which probably much longer it may be how much investment companies might 00:10:23.080 --> 00:10:31.560 have done in that particular litigation and see the see the depth or see the the we can say the 00:10:31.560 --> 00:10:38.000 involvement of monetary kind of involvement human resource involvement in particular 00:10:38.000 --> 00:10:46.120 litigation as the damages are huge it is like 832 cres right and this is the scenario so we can say 00:10:46.120 --> 00:10:52.040 that yes companies are aggressive and when they are protecting that one patent they are ready 00:10:52.040 --> 00:10:58.720 to invest that much time they are ready to invest Human Resources but they want to exert the rights 00:10:58.720 --> 00:11:04.600 so you can just just imagine that importance of that particular patent in the technology and 00:11:04.600 --> 00:11:11.960 probably the fortune which will be created using that particular intellectual property because this 00:11:11.960 --> 00:11:18.080 litigations are around that particular technology around that particular patent and that litigation 00:11:18.080 --> 00:11:24.720 is giving 832 cres so you can just imagine the involvement of a fortune involvement of a money 00:11:24.720 --> 00:11:33.200 in a IP litigation now a few more facts if we go and check about IP litigation you can just see 00:11:33.200 --> 00:11:44.320 that 27.7% of jobs in USA come from a intellectual property so it's like a it's like a almost 27 to 00:11:44.320 --> 00:11:53.560 30% that is a kind of a scenario that jobs are through intellectual property 38.2% of US 00:11:53.560 --> 00:11:59.800 GDP comes from the IP it's clear indication that knowledge we are in a knowledge economy where 00:11:59.800 --> 00:12:06.240 intellectual property is playing a pivotal role intellectual property theft cost if you check it 00:12:06.240 --> 00:12:16.920 is around five around $225 225 billion actually billion dollars to a $600 billion so it's a huge 00:12:16.920 --> 00:12:22.200 the theft cost you can just say the infringement which is happening the theft which is happening 00:12:22.200 --> 00:12:32.920 okay so it's a huge actually the average cost of data bridge in the USA is like a 8 64 Bill million 00:12:32.920 --> 00:12:41.280 the average cost define a patent lawsuit exceeds $3 million when there there is a litigation the 00:12:41.280 --> 00:12:47.040 cost is general cost of litigation just like we ask that okay if I have to file patent how 00:12:47.040 --> 00:12:54.440 much I have to pay so India it is around 1.5 lakh average I'm telling you 60,000 to 1.5 lakh if you 00:12:54.440 --> 00:12:59.720 go to us it is a 2 to three lakhs approximately but if you go for the litigation it is around 00:12:59.720 --> 00:13:06.680 $3 million so that is average cost you have to kind of invest when you decide to enter into the 00:13:06.680 --> 00:13:13.760 litigation around 12,000 intellectual property cases are filed each year that is the scenario 00:13:13.760 --> 00:13:22.840 of a USA so this particular scenario gives idea about the domain how it is growing and how it is 00:13:22.840 --> 00:13:29.560 appreciated and how it is becoming the integral part of the economy when you are considering the 00:13:29.560 --> 00:13:37.120 ex that ex enforcement of the rights related to the intellectual creation moving further 00:13:37.120 --> 00:13:43.960 now what we will do we will try to understand the basics related to intellectual property rights its 00:13:43.960 --> 00:13:51.200 importance and then the key Concepts around the intellectual property in context of a litigation 00:13:51.200 --> 00:13:56.080 now when we talk about this intellectual property rights we know that these are the 00:13:56.080 --> 00:14:04.520 legal rights which are granted to creator or a innovators huh and it is like a for what it 00:14:04.520 --> 00:14:13.040 is for the intellectual Creations right and that gives a exclusive control and a economic benefit 00:14:13.040 --> 00:14:21.880 to the Creator to the owner of that particular intellectual property these rights are enshrined 00:14:21.880 --> 00:14:29.320 in a various legal Frameworks including natur that National laws then there are international 00:14:29.320 --> 00:14:35.680 treaties there are conventions and we have already discussed that burn convention Paris convention so 00:14:35.680 --> 00:14:41.640 we have talked about that in the earlier session so these conventions different type of statutes 00:14:41.640 --> 00:14:46.280 are there National laws are there which you will deal with in a second week International 00:14:46.280 --> 00:14:51.800 treaties are there Madrid protocol is there Lisbon classification nce classification all the details 00:14:51.800 --> 00:14:58.480 you will go into when you will go into the details of a week two so all this that the legal framework 00:14:58.480 --> 00:15:04.760 is developed the the conventions and treaties are developed at International level so for 00:15:04.760 --> 00:15:10.880 intellectual property protection at a national level at a international level discussion is 00:15:10.880 --> 00:15:19.160 going on the system is already set it encompasses different forms of obviously intellectual property 00:15:19.160 --> 00:15:23.800 when we are talking about right and you know that as I have told you that eight types are 00:15:23.800 --> 00:15:31.840 there like patent copyright trademark industrial design trade secret and geographical indication 00:15:31.840 --> 00:15:38.920 semiconductor integrated circuit layout design is there that act is separately enacted protection of 00:15:38.920 --> 00:15:44.600 plant varieties and Farmers rights are there so all these together are forming that intellectual 00:15:44.600 --> 00:15:51.720 property rights now creators and innovators they're empowered to protect their creation 00:15:51.720 --> 00:15:57.080 by using one of this particular instrument monetize their intellectual creation their 00:15:57.080 --> 00:16:04.960 assets and incentivize in that that is kind of a satisfying the incentivization Juris Prudential 00:16:04.960 --> 00:16:14.640 we can say the base of Ip system right so if we see that intellectual property as a 00:16:14.640 --> 00:16:20.120 definition probably this much information is good enough for you now when we talk about the 00:16:20.120 --> 00:16:26.160 importance of Ip rights we have just seen the importance in the earlier slides are very much 00:16:26.160 --> 00:16:35.120 informative about how the economy is like 25% to 2 30% we can say jobs in USA are around intellectual 00:16:35.120 --> 00:16:41.960 property that one in that one sentence gives us a pretty well good idea about the importance 00:16:41.960 --> 00:16:48.400 of Ip rights the significance of Ip rights it transends like U legal protection is the it is 00:16:48.400 --> 00:16:54.240 a heart of a Economic Development obviously along with that technology development or a 00:16:54.240 --> 00:16:58.840 advancement and a cultural enragement because it comes a copyright it comes 00:16:59.640 --> 00:17:04.680 like geographical indication when we are talking talking about that this is like a protecting 00:17:04.680 --> 00:17:11.640 our cultural that tradition and indigenous knowledge protection through that GI you can see 00:17:11.640 --> 00:17:17.200 that particular thing through copyright also you can see that protection so cultural cultural we 00:17:17.200 --> 00:17:22.720 can say expression cultural enrichment is there definitely and the technological advancement is 00:17:22.720 --> 00:17:30.240 also there by this instrument because this is giving you the in the that Creator is getting 00:17:30.240 --> 00:17:38.400 the incentivization and therefore that particular like base that particular reasoning is there that 00:17:38.400 --> 00:17:44.200 why should invest that inventor invest their time energy resources on this particular 00:17:44.200 --> 00:17:51.880 investment this incentivization is like a on the that that on the intellectual property 00:17:51.880 --> 00:17:58.840 creation is giving back there is a return on that investment in the creation of a fortune obviously 00:17:59.920 --> 00:18:08.680 this this particular IP we can say that in the competition in the that competitive environment it 00:18:08.680 --> 00:18:15.320 promotes fair play preventing the unauthorized use if it go if we see it in a very positive 00:18:15.320 --> 00:18:22.120 way it it is like a creating competition it's a positive healthy competition we can say and that 00:18:22.120 --> 00:18:29.200 is like a unauthorized use is avoided but the the development will be there there will be the kind 00:18:29.200 --> 00:18:36.360 of a the we can say the Science and Technology development encouraging collaborations knowledge 00:18:36.360 --> 00:18:43.640 sharing all this can happen now after that like like knowing about this particular and the key 00:18:43.640 --> 00:18:51.120 Concepts about the IP let us move further to the like definition of Ip litigation then 00:18:51.120 --> 00:18:58.920 importance of IP litigation and a key concepts related to the IP litigation when we talk about a 00:18:58.920 --> 00:19:06.200 litigation we got idea about IP we got idea about the scenario that how exactly litigation is going 00:19:06.200 --> 00:19:12.400 on what is a investment is there and the US scenario we have seen and then the patent filing 00:19:12.400 --> 00:19:18.560 in different countries we have seen now we will focus on the IP litigation definition so I request 00:19:18.560 --> 00:19:24.160 you your attention just listen very carefully because this is the premise on built on which 00:19:24.160 --> 00:19:31.440 further you are that next modules are dependent on so please focus on on this so when we are talking 00:19:31.440 --> 00:19:37.920 about a definition of Ip litigation we are talking we are like IP disputes we are talking about 00:19:37.920 --> 00:19:44.760 and we are thinking about a code practices and then the enforcement so the base is like there is 00:19:44.760 --> 00:19:51.120 a dispute now this litigation when we are talking about what exactly it is so this litigation it 00:19:51.120 --> 00:19:59.120 refers to the legal disputes which are arising from the either infringement misappropriation 00:19:59.120 --> 00:20:05.000 or a violation of a intellectual property and that intellectual property may be any of the it 00:20:05.000 --> 00:20:12.000 types so don't be under impation that only patent or only trademark only copyright no any type of 00:20:12.000 --> 00:20:18.480 intellectual property you take into consideration and there will be like a disputes around it in 00:20:18.480 --> 00:20:27.200 the form of infringement misappropriation or a violation of Rights okay now this litigations 00:20:27.200 --> 00:20:36.040 typically like unfold huh judicial forums so when we talk about the that court system there 00:20:36.040 --> 00:20:44.560 are district courts there are specialized IP cods right and then the administrative bodies are there 00:20:44.560 --> 00:20:55.520 where we can seek the remedy okay and obviously we have to remember police is another like pillar of 00:20:55.520 --> 00:21:01.680 when we are talking about IP litigation police Sy system is another pillar we can say in that 00:21:01.680 --> 00:21:11.000 so along with the court that special courts administrative bodies regulatory authorities 00:21:11.000 --> 00:21:20.720 and the police I can put all this five together to take care of Ip related disputes I repeat quote 00:21:20.720 --> 00:21:27.880 although we say that we have seen that the title of the course is Court practices and enforcement 00:21:27.880 --> 00:21:34.680 only courts are taking care of the litigation no courts is like one system regulatory authorities 00:21:34.680 --> 00:21:41.800 are there administrative like authorities are there police system is definitely helping us 00:21:41.800 --> 00:21:50.080 so all these systems all these are the pillar you can say when the IP litigation comes in 00:21:50.080 --> 00:21:56.160 IP litigation what probably will be the result there may be injunctions there may be damages 00:21:56.160 --> 00:22:03.320 there may be imprisonment right so so that possibilities are there and this this 00:22:03.320 --> 00:22:10.880 discussion or this disputes are generally around the like agreements or maybe there is a theft of 00:22:10.880 --> 00:22:17.600 Ip there may be like a cop that that book is stolen that is a copyright stealing related 00:22:17.600 --> 00:22:23.320 cases and we will go into details about that in the upcoming sessions so please appreciate that 00:22:23.320 --> 00:22:28.520 when we are dealing with IP litigation when we are dealing with them that legal dispute 00:22:29.200 --> 00:22:37.400 there may be infringement maybe misappropriation or violation of a IP rights and then who is coming 00:22:37.400 --> 00:22:44.000 for the giving solutions to that administrative bodies are there regulatory bodies are there 00:22:44.000 --> 00:22:51.040 court system is there police system is there they will like and specialized courts right because IP 00:22:51.040 --> 00:22:57.560 is a especially patent when we go it's a very like a specialized subject of a discussion and 00:22:57.560 --> 00:23:03.760 that will come into the picture okay so this is about the definition now importance we have 00:23:03.760 --> 00:23:10.320 seen already that why it is important that why IP litigation is important it's not limited to 00:23:10.320 --> 00:23:17.360 individual disputes IP litigation is not limited to individual dispute it may be like a it may be 00:23:17.360 --> 00:23:25.360 like organizations are involved the institutions are involved like research organization is there 00:23:25.360 --> 00:23:32.520 that academic organization are there countries are in world how because see when we are talking about 00:23:32.520 --> 00:23:40.520 the that biodiversity the which will relate we will relate to the patent because in the 00:23:40.520 --> 00:23:51.200 patent when you are creating the solutions maybe products maybe some processes using flora and FAA 00:23:51.200 --> 00:23:57.840 of that particular country biodiversity of that particular country traditional knowledge of that 00:23:57.840 --> 00:24:04.080 particular country country it's coming into the picture and we are very well a aware that very 00:24:04.080 --> 00:24:11.040 it's like everybody knows about that Basmati case or nealdi case all so what happens here that it 00:24:11.040 --> 00:24:16.920 is not limited to individual these disputes are not limited to individual these are like extended 00:24:16.920 --> 00:24:23.880 from Individual to organization to countries and therefore International forums are there to take 00:24:23.880 --> 00:24:32.720 care of that IP litigation now this particular IP litigation if we see it provides means if we see 00:24:32.720 --> 00:24:38.480 the mechanisms which are given by through that court system or through administrative bodies 00:24:38.480 --> 00:24:45.160 they will try to resolve the conflicts clarify the like standards because if we see now legal 00:24:45.160 --> 00:24:52.360 standards is another especially now if I talk like recent cases about a patent standard essential 00:24:52.360 --> 00:24:58.520 patents we are talking about and I can just give you a simple example which you will appreciate 00:24:58.520 --> 00:25:08.200 that changing of or demanding or it's enforcing that you should use a c type of charger so that 00:25:08.200 --> 00:25:17.720 will be uniform for all the mobiles so what happen here it is like a it is like a standard is created 00:25:17.720 --> 00:25:24.120 technology related standards are there i e and such organizations are involved for deciding 00:25:24.120 --> 00:25:30.840 that standards and when we are talking about a patent standard setting organizations are there 00:25:30.840 --> 00:25:37.520 which will talk about the standard essential patents and related to that particular whatever 00:25:37.520 --> 00:25:45.440 deliberations are there that will be taken care of so all this come under a when we are talking 00:25:45.440 --> 00:25:51.800 about IP litigation we have to appreciate that particular Advanced developments also we are 00:25:51.800 --> 00:25:59.280 not like only thinking about that probably you have heard about Starbuck and sarb such 00:25:59.280 --> 00:26:05.720 kind of a litigations around the law but that is something which is a very we can say A Primitive 00:26:05.720 --> 00:26:11.880 I'm talking about yes it is a very primitive kind of a litigations the complex litigations 00:26:11.880 --> 00:26:18.720 start with a technical advancement and we we you know that or probably everybody now talks about 00:26:18.720 --> 00:26:24.680 artificial intelligence and copyright artificial intelligence and patent what are the guidelines so 00:26:24.680 --> 00:26:31.760 that complexity is increasing and therefore this this particular means we can say it's a domain 00:26:31.760 --> 00:26:38.800 which will grow further very it's a there is a great scope and obviously there there is a 00:26:38.800 --> 00:26:45.680 need of lot of research to handle the challenges which will come with the technology development 00:26:45.680 --> 00:26:50.440 because technology development is a very fast you know that particular thing especially you 00:26:50.440 --> 00:26:56.960 take a telecommunication industry that within like a one year or two year there is a complete change 00:26:56.960 --> 00:27:01.280 revamp is there you have to change change your mobiles because the technology is changing this 00:27:01.280 --> 00:27:09.720 is a classic example I can say how technology is moving fast so this is now will be applied to the 00:27:09.720 --> 00:27:16.440 other developing sectors also and if that sectors will start develop considering that disruptive 00:27:16.440 --> 00:27:22.600 Innovations like artificial intelligence or many such upcoming like a disruptive innovation the 00:27:22.600 --> 00:27:29.760 pressure will be on a legal system considering I'm talking in the context of a inter ual property to 00:27:29.760 --> 00:27:36.960 decide on the ownership and then the litigation around that particular domain particular like 00:27:36.960 --> 00:27:42.680 conflict that discussion we have to handle moreover when we are talking about that IP 00:27:42.680 --> 00:27:49.680 litigation it's like a the infringement incentivize that infringement if it is there 00:27:49.680 --> 00:27:56.120 some deterrent system is necessary and therefore the damages you you have seen already $100 million 00:27:56.120 --> 00:28:01.960 plus damages are like awarded it is like a deterrent kind of effect is there right some 00:28:01.960 --> 00:28:08.760 regulatory authorities are there they are like a slapping fines on the that big giants and you 00:28:08.760 --> 00:28:17.200 probably have heard about such kind of fines which are like a like imposed on the big five companies 00:28:17.200 --> 00:28:21.320 you probably have heard about that Google has been imposed with this much fine related to 00:28:21.320 --> 00:28:27.400 this particular regulation and all this is a very common news nowadays right so when we are talking 00:28:27.400 --> 00:28:33.080 about like like a importance of Ip litigation definitely as technology is growing we have to 00:28:33.080 --> 00:28:39.440 kind of take care of that particular litigation now we will just focus on the key concepts related 00:28:39.440 --> 00:28:46.000 to the IP litigation and then we will probably take a like after discussion these four points 00:28:46.000 --> 00:28:52.400 we will take a break because then we will focus on the further points okay so what about the key 00:28:52.400 --> 00:29:00.600 concept or a this you can just check here it is a infringement that validity challenges remedies 00:29:00.600 --> 00:29:07.440 and jurisdiction these are the four important thing when we are talking about the IP litigation 00:29:07.440 --> 00:29:13.320 now this infringement when we are talking of it is a heart of most of the litigation it involves 00:29:13.320 --> 00:29:24.160 unauthorized use reproduction or exploitation of a protected IP assets by a third party so without 00:29:24.160 --> 00:29:31.800 authorization somebody is using your rights what rights IP rights so your patent that technology 00:29:31.800 --> 00:29:38.360 patented technology is used by someone without your permission your seminar paper is copied 00:29:38.360 --> 00:29:44.600 by somebody and it is published without your permission your book is taken by somebody and 00:29:44.600 --> 00:29:51.720 created 100 copies and done the commercialization so if such kind of a thing is happened or a movie 00:29:51.720 --> 00:29:59.320 is like a broadcasted and in the like theaters in the that cinema halls somebody's recording 00:29:59.320 --> 00:30:05.400 completely and then sharing it on a social media platforms what is happening here it is a 00:30:05.400 --> 00:30:13.160 unauthorized use of the creation of that Creator right so what is infringement so infringement 00:30:13.160 --> 00:30:21.920 it is nothing but unauthorized use reproduction exploitation of a protected intellectual assets by 00:30:21.920 --> 00:30:30.520 a party by a person by individual by organization by Nation without the permission right so this 00:30:30.520 --> 00:30:37.840 unor authorized production it may be related to any of the any of the IP you probably know that 00:30:37.840 --> 00:30:44.680 some like a businesses they will take advantage of a established Goodwill of a established business 00:30:44.680 --> 00:30:50.560 and they will start developing their business around that and I I will just reiterate again 00:30:50.560 --> 00:30:58.320 the Starbucks and Sardar Bak example that and we will see that details or the classic example 00:30:58.320 --> 00:31:04.760 probably you might have seen many times like a take a example of a Biser and see somewhere 00:31:04.760 --> 00:31:11.240 around very carefully whenever you are now walking on the street or in the in the some 00:31:11.240 --> 00:31:17.200 programs and all you just check that that Biser bottle design and somewhere on the station you 00:31:17.200 --> 00:31:25.160 will see the Biser bottle same design just one like word is the letter is changed and then the 00:31:25.160 --> 00:31:32.920 unauthorized like a use of that particular look is taken advantage of that is taken and the business 00:31:32.920 --> 00:31:39.000 is created or there is a possibility probably you have faced sometime that you have bought 00:31:39.000 --> 00:31:44.160 parl biscuit and then after taking a test you have realized oh this is not the original test what I 00:31:44.160 --> 00:31:50.240 was expecting and then you realize that oh this is I have been like deceived somebody have like 00:31:50.240 --> 00:31:58.000 a take a cheated me like so it is a consumer cheating by using the established brand that 00:31:58.000 --> 00:32:06.520 is happening right so if such thing is happening what will happen we have to like a enforce the 00:32:06.520 --> 00:32:12.840 company has to enforce the right sometimes happens that the person comes especially you see rural 00:32:12.840 --> 00:32:20.960 areas nowadays we are also like a saying that ask for a Cate instead of a like a that toothpaste 00:32:20.960 --> 00:32:27.440 or we say zero instead of a photocopy so all this is like a things which are going on related to 00:32:27.440 --> 00:32:33.160 tradmark we we are like every day we are going through that but we don't understand this is 00:32:33.160 --> 00:32:39.360 something related to IP litigation actually or IP dilution something dilution is one of 00:32:39.360 --> 00:32:45.320 the concept actually we will talk about that in the upcoming sessions but these are the these 00:32:45.320 --> 00:32:50.800 are the things which are happening around you you take your example actually if you if we are 00:32:50.800 --> 00:32:57.920 talking about the your example actually that in the College you are writing notes and some 00:32:57.920 --> 00:33:05.560 body sometimes unfortunately it happens it's not happen generally on our ug or PG studies but in 00:33:05.560 --> 00:33:12.240 PG if you are doing Project work huh it's like your project work of 50 marks or some some good 00:33:12.240 --> 00:33:19.200 vage is there there is a possibility that you have like a the book is kept on the table and somebody 00:33:19.200 --> 00:33:26.160 have taken it copied it and they have like a just done the some paraphrasing and represented it as 00:33:26.160 --> 00:33:33.720 a their own work and that affects your marks also that that it seems like a that same two people 00:33:33.720 --> 00:33:40.000 have like thought about the idea and they have expressed it and that is affecting your marks 00:33:40.000 --> 00:33:47.080 and if I talk about the technology and if you are in a very serious res research like your PhD is 00:33:47.080 --> 00:33:54.520 going on and your results your lab notebook if somebody still or if your paper conference paper 00:33:54.520 --> 00:34:01.080 is there you are writing and somebody steals it or your paper is given for a review to somebody 00:34:01.080 --> 00:34:08.880 and if they copy it or create some other like things related to that without your permission 00:34:08.880 --> 00:34:14.680 what is going on this this is a IP litigation related matter is going on and we don't know 00:34:14.680 --> 00:34:22.320 how to handle that particular thing we just feel that little bit kind of like dejected and all 00:34:22.320 --> 00:34:29.200 and we feel that where I should go for like seeking remedy that is a kind of scenario it's 00:34:29.200 --> 00:34:34.480 a very common nowadays you have probably seen that particular thing or sometimes what happens 00:34:34.480 --> 00:34:40.440 that we are under confusion that I want to use particular thing whether I should use it or not 00:34:40.440 --> 00:34:47.320 whether I'm authorized to use or not so that kind of a confusion is also there so for example I was 00:34:47.320 --> 00:34:54.960 just like a day before only we were discussing and that is like a WhatsApp link came to like me 00:34:54.960 --> 00:35:02.200 in the group and what was it it was related to the like a group what is a four people have created a 00:35:02.200 --> 00:35:08.320 group and then they have created a like a library kind of a thing now what that Library kind of a 00:35:08.320 --> 00:35:16.920 thing they have taken a like U number of books they have taken they have like preserved it as 00:35:16.920 --> 00:35:22.480 a like their library and what you have to do you they have given number you just contact them and 00:35:22.480 --> 00:35:28.360 they will share the books and they have shared the name of that books now what happened that 00:35:28.360 --> 00:35:35.960 books are there right the list is there and now I just call that fellow and this fellow will share 00:35:35.960 --> 00:35:44.760 the book with me so whether it is a authorized it is non-commercial activity but whether it is 00:35:44.760 --> 00:35:51.000 infringing IP we have to think about it right so and we have to think about the solution for that 00:35:51.000 --> 00:35:57.040 so this is something just to give you idea that this is like a infringement related activities 00:35:57.040 --> 00:36:02.480 which are going going on now what happen when we go for infringement you can just check here next 00:36:02.480 --> 00:36:08.640 point is a validity challenges when you go for the litigation related to infringement what will be 00:36:08.640 --> 00:36:14.720 the first case what will be the first defense who have done the infringement it will challenge the 00:36:14.720 --> 00:36:22.360 validity so first he will copy unauthorized copy and then he will challenge your work only that you 00:36:22.360 --> 00:36:29.560 have also bought it from somebody he will try to like a challenge the validity so that is a one of 00:36:29.560 --> 00:36:35.640 the strategy actually it is one of the litigation strategy so we should not get kind of boggled of 00:36:35.640 --> 00:36:42.880 or hampered because of such kind of attack because there a counter attack by the defend that def the 00:36:42.880 --> 00:36:50.120 defendant that they will challenge your work only right so this Valenti challenges this is a very 00:36:50.120 --> 00:36:57.920 common practice and the parties will contest around that validity of that IP okay and when 00:36:57.920 --> 00:37:03.720 that that particular discussion or when that that challenge is going on obviously the technical 00:37:03.720 --> 00:37:10.960 analysis is very important prior art search and then the criteria for that particular IP copyright 00:37:10.960 --> 00:37:16.360 some criteria are there for patent some criteria are there so for example patent there is a which 00:37:16.360 --> 00:37:25.200 are the criteria yes three important criteria of patent novelty non obviousness and Industrial 00:37:25.200 --> 00:37:32.360 utility right so that will be first attack right or if copyright is there we are talking about the 00:37:32.360 --> 00:37:38.880 original expression so from there they will start the digging the digging the analysis so we have 00:37:38.880 --> 00:37:44.600 to just check that particular thing so validity challenges is a one we will go into details in the 00:37:44.600 --> 00:37:50.000 upcoming models now next is a remedies like okay somebody have infringed your right you 00:37:50.000 --> 00:37:56.720 should you should get the like remedy should be there for that particular damage actually right 00:37:56.720 --> 00:38:03.120 so it depends that that the damages or the the solution the compensation it depends upon the 00:38:03.120 --> 00:38:10.440 nature of the severity of the infringement and you have seen that1 million right damages are received 00:38:10.440 --> 00:38:19.800 so that depends that very depending on the the how much and the impact is there of that particular 00:38:19.800 --> 00:38:26.160 infringement right so sometimes for example if somebody do in academic systems especially if 00:38:26.160 --> 00:38:32.520 they are very alert especially administrative Administration action if somebody have done the 00:38:32.520 --> 00:38:39.000 like stealing of a such that stealing activity that completely the same research paper of one 00:38:39.000 --> 00:38:45.480 person is copied by the other Administration may take action and they can cancel the registration 00:38:45.480 --> 00:38:52.520 for a PhD and actually that is expected action because if the fellow is doing the activity that 00:38:52.520 --> 00:38:59.160 is a remedy is given or if sometimes the publisher you can contact if that kind of thing happen that 00:38:59.160 --> 00:39:04.560 your paper is published you can directly contact to the publisher and that paper will be taken and 00:39:04.560 --> 00:39:12.160 they may back Blacklist that author so remedies are different okay it may be in the form of like 00:39:12.160 --> 00:39:17.360 as I have told you it may be some monetary gain gain in a sense what you have lost it so you are 00:39:17.360 --> 00:39:22.880 gaining it back okay so that monetary damage that damages you will receive that compensation 00:39:22.880 --> 00:39:29.880 you will receive then the there will be kind of a imprisonment may be there that is another thing 00:39:29.880 --> 00:39:35.360 especially in trademark litigation if it is there counterfeit products if it is there infringement 00:39:35.360 --> 00:39:41.880 is there in copyright infringement is there so it depends in the so therefore it will be veryy 00:39:41.880 --> 00:39:47.400 we will go me in we are going into the details of each of the IP types so at that time we will 00:39:47.400 --> 00:39:54.000 discuss it in a detail now jurisdiction is another important thing because what exactly jurisdiction 00:39:54.000 --> 00:40:00.280 is right probably whenever you Hindi movies if if you are watching you see that that when you 00:40:00.280 --> 00:40:07.240 go for the F filing they say that something like that right so what is the thing is like 00:40:07.240 --> 00:40:14.480 it is not in my like jurisdiction capability it is not in my that particular thing so Court also 00:40:14.480 --> 00:40:20.800 when you are going to the court you have to like establish that yes it is under the you cannot go 00:40:20.800 --> 00:40:25.360 directly to the high court or Supreme Court or a district court you have to decide on which court 00:40:25.360 --> 00:40:33.840 is a suitable you have to check the complete facts about the case the location and then the 00:40:33.840 --> 00:40:40.520 the matter under consideration and the effect or damages which has happened all this Factor you 00:40:40.520 --> 00:40:45.840 will take into consideration and that will decide the jurisdiction whether it is a district court 00:40:45.840 --> 00:40:51.040 whether is a high court whether it is a supreme court all this discussion will be there or if you 00:40:51.040 --> 00:40:56.280 are going to the specialized like IP benches are there so you will go to that IP bench or 00:40:56.280 --> 00:41:02.160 regulatory Authority like a cgp DTM will take care or a competition commission will take care of that 00:41:02.160 --> 00:41:07.480 or I should go to the administrative authority of my Institute and that will be sufficiently like 00:41:07.480 --> 00:41:14.160 empowered to take the action you should know that you should know that particular thing right so 00:41:14.160 --> 00:41:19.840 here how to decide that we will go into details of that when we will like a go into each of the 00:41:19.840 --> 00:41:27.000 IP details that how to determine jurisdiction and at what like related to what particular scenario 00:41:27.000 --> 00:41:32.760 which particular jurisdiction will be there and where exactly you should go for the like whether 00:41:32.760 --> 00:41:36.960 you should contact police whether you should go to the regulatory Authority whether you should 00:41:36.960 --> 00:41:43.120 go to administrative Authority whether you should go to the court that we will go into the details 00:41:43.120 --> 00:41:48.600 so what will we what what what we have just discussed is like a we have focused on the key 00:41:48.600 --> 00:41:55.640 concept like a infringement validity challenges remedies and jurisdiction now what we will do we 00:41:55.640 --> 00:42:01.000 will like a just I will just just summarize this part whatever we have done and then we will like 00:42:01.000 --> 00:42:07.560 move to the we will watch one video and then we will break and then we will that in the next 00:42:07.560 --> 00:42:13.160 module we will continue the further things so what happened that we have like a started I have just 00:42:13.160 --> 00:42:19.960 told you that key facts we are dealing with the introduction harnessing IP unveiling IP litigation 00:42:19.960 --> 00:42:27.240 key concept of Ip litigation right so we are now just like came up to the point like a like a key 00:42:27.240 --> 00:42:35.520 concept about that IP litigation like infringement validity CH challenges remedies and jurisdiction 00:42:35.520 --> 00:42:45.440 we have also seen like the points like that the particular idea about the that knowledge economy 00:42:45.440 --> 00:42:52.320 the litig that IP filing especially focused IP that patent filing patent litigation we have seen 00:42:52.320 --> 00:42:59.480 then we have focused on the damages and then the example that how exactly how many cases in a 00:42:59.480 --> 00:43:05.480 particular year have received damages more than 100 million then we have focused about the some 00:43:05.480 --> 00:43:12.720 facts related to IP and like in USA and then we have focused on the definition of Ip rights 00:43:12.720 --> 00:43:19.800 importance of Ip rights key concept of Ip rights and further we have focused on definition of Ip 00:43:19.800 --> 00:43:26.200 litigation importance of hyp litigation key concept of hyper litigation and just we have 00:43:26.200 --> 00:43:32.840 finished this key concept that is infringement validity challenges remedies and jurisdiction 00:43:32.840 --> 00:43:38.160 now we will take a just break for a you just watch this video One video and then we will 00:43:38.160 --> 00:43:46.880 take a break patents some years ago so anyone can use our patents so we really have not been 00:43:46.880 --> 00:43:53.440 tried to protect intellectual property in that sense We've we've tried to actually smooth the 00:43:53.440 --> 00:43:59.960 path cuz the the overarching goal of Tesla is is to accelerate the advance of sustainable energy 00:43:59.960 --> 00:44:08.320 and so if we created a patent portfolio that discouraged other companies from making electric 00:44:08.320 --> 00:44:14.240 cars they would be inconsistent with our mission so we open source all the pattern okay in order 00:44:14.240 --> 00:44:20.240 to help the other anyone else who wants to make an electric car so I guess that's the opposite 00:44:20.240 --> 00:44:27.720 of protecting the IP now the the real way I think you you actually achieve intellectual 00:44:27.720 --> 00:44:35.120 property protection is by innovating fast enough if your rate of innovation is high then you don't 00:44:35.120 --> 00:44:41.360 need to worry about protecting the IP because other companies will be copying something that you 00:44:41.360 --> 00:44:50.320 did years ago mhm and that's fine you know just make sure your your rate of innovation 00:44:50.320 --> 00:44:58.240 is fast speed is really speed of innovation is is what is what matters and I do I do say this 00:44:58.240 --> 00:45:05.320 to my teams like quite a lot that Innovation per unit time as I go Innovation per year if you say 00:45:05.320 --> 00:45:13.800 like is is what matters not Innovation absent time because if so so just one question before 00:45:13.800 --> 00:45:22.240 closing this module you have seen that that examples of like damages and like I have 00:45:22.240 --> 00:45:29.440 shared with you 100 million damages so you just find out that which are the companies which one 00:45:29.440 --> 00:45:34.840 or two companies I'm not asking the whole list actually one or two companies which have been 00:45:34.840 --> 00:45:43.600 like awarded with a $100 million plus like U Awards so just find out right into the 00:45:43.600 --> 00:45:50.760 that comment box and with this we are closing this session and we will continue this session 00:45:50.760 --> 00:45:56.920 that is a IP litigation overview in the next module that is a fourth module of a week one