M.A. in Business Laws with specialization in Intellectual Property and Cyber Law

Twenty-four months fully online Masters Degree programme by National University of Juridical Sciences, Kolkata Scroll Down to Learn More

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About the Course

Total Fees: INR 50,000 45,000

Also payable in two instalments of INR 25,000 and INR 25,000 respectively.

Duration: 24 months

Divided into four semesters of equal length.

This specialization is highly recommended for those aspiring to build or work in decision making positions in innovation and intellectual property driven companies, especially technology companies, new media and content based businesses, pharma or entertainment industry. As India makes its transition from an agrarian to industrial to a knowledge-based digital economy, IP and IT law professionals are valued and needed more than ever. Here is an opportunity to learn from global experts the knowledge and skills that have never been offered by any course ever before, skills that will take your professional success to a whole new height.

Apart from professionals and business owners iIP-driven companies, this is also a great course for lawyers and consultants. Cyber law as a career had a slow start in India so far, but it is definitely catching up. However, cyber lawyers are quickly realizing that they cannot function as stand alone cyber law practitioner only, but critical to their growth is also effective knowledge and skills related to intellectual property laws and general business laws. On the other hand, the demand of IP lawyers is steadily on the rise since economic liberalization of India.

There are many jobs at entry level in IP law firms and numerous LPOs for people with some knowledge of IP Laws, though often such jobs restrict one to filing and protfolio management work which has limited long term growth opportunity but stability in terms of income. However, IP lawyers who want to have a breakthrough in their career and rise above average work and become a powerful IP litigator or strategic advisor.

IP lawyers are also appreciating the need for skills in cyber and information technology laws as internet economy is booming and the number of queries and disputes that involve bot IT Laws and IP laws is growing. Most of the complex and high profile work now requires combined IP and IT law expertise.

This course will provide you with the required skills and legal expertise in the IP Laws and Cyber Laws domains so that you can have a swift career advancement. The course is delivered by an Industry-Academia Panel which comprises of the best industry experts who will teach you to acquire relevant practical legal knowledge and business strategy skills to get mastery in the aforesaid domains. Get a promotion faster, get a pay hike or a bigger responsibility in your organisation by acquiring critical legal and business strategy skills.

Course Contents

  • Indian legal system, federalism and constitutionalism
  • Legislation, Enforcement of laws and Adjudication
  • Judicial system in India and hierarchy of courts
  • Criminal and Civil legal and justice system
  • Concept of Jurisdiction
  • Regulatory tribunals and their functions
  • Principles of administrative law
  • Private dispute resolution mechanisms
  • International Law and its impact on business
  • Ingredients of a valid contract
  • Validity of standard form contracts
  • Electronic contracts - contracts by email, browsewrap, shrinkwrap and clickwrap contracts, digital signatures
  • Enforceability of electronic contracts
  • Relevance of procedural requirements for contractual validity and enforcement - Registration, stamping, attestation, notarization, apostillation
  • Remedies for breach of contract and practical considerations
  • Contract drafting and practical considerations
    • Essential clauses in any commercial agreement - definitions clause, obligations of parties, determination of milestones and timelines, payment modalities, waivers, assignment, applicable law, representations and warranties, covenants, indemnities, termination, events of default and material adverse change clauses, taxes, force majeure
    • Common drafting errors and efficient drafting techniques to minimize risk of disputes
  • Contract negotiation - Theories and practical case studies
  • Different forms of business structures - Sole proprietorship, partnership, LLP and companies
  • Co-founder arrangements
  • Structuring a partnership/ LLP - Partnership Deed, LLP Agreement, registration requirement and procedure, number of partners, designated partners, sharing of profits, dissolution of partnership, default rules under Partnership Act and LLP Act.
  • Structuring a company - Formation and incorporation: Reservation of Name, Director Identification Number and Digital Signature, Forms to be submitted to Registrar of companies for incorporation, Drafting Memorandum and Articles of Association, Types of Share Capital, Annual and periodic compliances.
  • One person company
  • Hybrid structures and their relevance
  • Non-profit businesses and hybrid models
    • Law related to formation of trusts and societies
    • Procedure and key issues for incorporation of a trust / society / non-profit company
    • Tax benefits for a non-profit
  • Considerations while choosing an optimal business structure
  • Taxation of different business structures
  • Joint ventures and association of persons
  • Accounting and the law
  • Corporate income tax, minimum alternate tax, tax on issuance of capital

Indirect taxes: GST, Excise duty, service tax and VAT - Applicability, how to obtain registration, computation of the tax, when to make payment

  • Introduction to corporate governance - Shareholders’ rights vis-à-vis managers
  • Appointment and removal of directors
  • Corporate communications and reporting systems
  • Procedures for corporate decision-making
  • Related party transactions and conflict of interest
  • Powers and responsibilities of the board of directors and key managerial personnel, delegation of functions by directors
  • Independent directors and committees of directors
  • Directors’ supervision of accounts and auditing, responsibilities for financial fraud
  • Governance mechanisms in private companies, public companies and listed companies
  • Repatriation of profit, regulation of managerial remuneration, divisible profits and dividend
  • Governance-related compliance requirements around key business transactions - raising investments, obtaining loans, exits, sale of business undertaking
  • Corporate governance of public sector undertakings
  • Corporate social responsibility - Voluntary instruments and the 2013 Companies Act and rules
  • Dispute resolution methods - litigation, arbitration, expert determination, mediation and conciliation
  • Types of business disputes and choice of appropriate dispute resolution method
  • Arbitration:
    • Arbitrator appointment strategy, institutional vs. ad hoc arbitration, how to demand suitable interim measures
    • Drafting efficient arbitration clauses
    • How to minimize delay in arbitration proceedings
    • International commercial arbitration
    • Enforcement strategies, grounds for challenge of arbitral awards,
    • Anti-suit injunctions
  • Mediation: Strategies and relevance in commercial disputes
  • Role of negotiation in dispute situations
  • Litigation Strategy for domestic and cross-border disputes
  • Regulatory Litigation - show cause notices and how to respond to them, remedies against adverse orders of adjudicating officers and tribunals, appellate tribunals, settlement with regulators
  • Relevance of information technology law for businessmen
  • Legal structure governing the Internet
  • Legal documents necessary for offering software or providing online services
  • Cloud computing agreements
  • End-User License Agreements (EULA)
  • Payment gateway issues
  • Terms of Service
  • Privacy Policies
  • Data protection under Indian law and privacy issues
  • Remedies for credit card fraud, identity and data theft
  • Measures to prevent data theft
  • ‘Reasonable security practices’ and ISO certifications
  • Encryption standards for secure transmission
    • Copyright Law
      • Introduction - Copyright protection of different kinds of ‘works’, rights available to copyright owner, originality and idea-expression dichotomy,
      • Infringement of copyright, remedies against infringement exceptions to infringement (including fair use), copyright protection on internet, Anton-Pillar and John Doe orders, amendments to copyright law,
      • Copyright protection of software,
      • How to establish copyright in legal proceedings
      • Registration of copyright
      • Copyright societies, royalties to authors, performer’s rights and broadcasting rights, Digital Millennium Copyright Act, software piracy
      • Digital rights management
    • Trademark Law:
      • Introduction to trademarks and what can be trademarked
      • Unconventional trademarks
      • How to register trademark, trademark search, series marks, service marks, passing-off and cross-border reputation claims, domain names and cyber-squatting,steps for international registration of trademark under Madrid Protocol
      • International protection of trademarks,
      • Rights available to trademark owner, goodwill, remedies for cross-border infringement of trademarks
      • Remedies for infringement
    • Exceptions to infringement, trademark of personal names, honest concurrent use
    • Criteria for patentability
    • Registration of patents - How to identify prior art, conduct patent search, components of a patent application
    • How to draft a patent specification
    • Patent prosecution and opposition
    • Patent claim scope
    • International patent registration under PCT and Paris Convention
    • Software patents – Indian and US laws
    • Issues in biotechnology and pharmaceutical patents
    • Assignment and revocation of patents
    • Patent landscaping and patent portfolio management
    • Non-practising entities and trolls
    • Research institutions, patents and invention disclosure forms
    • Employment contracts of senior managers and employees – Claw-back provisions, golden parachutes, caps on remuneration
    • Applicability of standing orders to IT industry
    • Employee incentives and perquisites - Stock options, stock purchase schemes, revenue share and profit share arrangements
    • Lock-ins and employment bonds
    • Anti-poaching arrangements and competition law
    • Managing HR and protection of Intellectual Property
    • NDA agreement
    • Work for hire agreement
    • Clauses in Employment Agreement
    • E-commerce and the law
    • Regulations in India
    • FDI in e-commerce and business structures
    • Security issues in E-commerce
    • Electronic payment systems
    • Payment and Settlement Systems Act and RBI regulations
    • Understanding online payment and transactions
    • Payment gateway arrangements
    • Crypto-currencies and the law
    • Taxation issues in E-commerce
    • Acquiring IPs – JV, licensing, M &A, JD, Patent pooling
    • IP Audit, IP Valuation, IP Securitization
    • Licensing agreements and negotiation
    • Open source licenses, creative commons
    • Regulatory requirements for licensing of copyright, trademark and patent
    • Cross-licensing strategies for technology companies
    • Franchising and merchandising agreements and negotiation
    • Business models of non-practising entities (NPEs) and patent trolls
    • Assignment agreements: Regulatory compliance and negotiation
    • Technology transfer models and arrangements
    • Procedures for Technology Transfer/ Commercialization – JV, Subsidiary, Outright third party transfer
    • IP regime and transfer strategy
    • Licensing of IP – Protection against IP spill over
    • Managing Trade secrets
    • Transfer of Technical Knowledge/IP of research institutes
    • Taxation and Accounting issues in transfer of IPs
    • Software taxation
    • Trademark Assignment

    Cloud computing agreements and the law

    • Performance management metrics and service level agreements - Downtime and related terms, Service credits, Allocation of third-party dependency risk, Sample case studies, Cyber security issues on the cloud, Data protection and cloud computing, e-discovery in the cloud, Location and ownership of data, Data migration and retention issues
    • Data mining and big data

    Outsourcing and the law

    • Choosing an outsourcing destination and role of law
    • Legal mechanisms for outsourcing:
    • Service agreements
    • Joint venture
    • Captive outsourcing
    • Intellectual property issues
    • Service Levels, performance and personnel management
    • Data security
    • Choice of law and dispute settlement
    • Master Services Agreements and Statement of Work
    • Taxation of outsourced services

    Online reputation management

    • Reputational risks and legal strategy: Online defamation, Hate speech on internet, Leakage of confidential information, Online misrepresentation, identity theft and fraud, Industry perceptions and scandals, Intellectual property issues
    • Dealing with intermediaries
    • Dealing with social media platforms
    • Legal strategy and processes for handling reputational crises
    • Organizational policies for reputation management: social media policy, blogging policy, media communications policies, customer grievance and engagement policies

    Industry Academia Panel

    Murali Neelakantan

    Ex-Global General Counsel, Cipla

    V Umakanth

    Associate Professor at NUS, Singapore

    Vinod Kothari

    Securitisation expert and author of several books on the subject

    Jay Parikh

    Founding Partner, Verus Associates

    Ameet Dutta

    Partner, Saikrishna & Associates IP law expert

    Essenese Obhan

    Managing Partner, Obhan & Associates

    Robin David

    Partner, Dua Associates

    Pankaj Agarwal

    Partner, Shardul Amarchand Mangaldas

    Anuj Sah

    Principal Associate at Khaitan & Co.

    Somasekhar Sundaresan

    Partner, J. Sagar Associates

    Shinoj Koshy

    Partner, Nishith Desai Associates

    Success Stories

    Imagine how it would be if you could navigate the usual legal and regulatory mess with ease, and make better decisions as you scale your business or career growth. Regulatory and legal difficulties is a huge hurdle to doing business in India, and very few people have mastery over it. We are inviting you to find out more about how we can add a touch of magic to your growth. Here are some amazing success stories of our students who have taken up our courses.

    I am a practicing Cyber lawyer in Mumbai for the past 3 years and have founded Cyberjure Legal Consulting. The course was a very good learning experience, and I am glad I did it. It helped me understand the nuances of many laws which we studied in college, but never went into practical applicability of the same. The stuff I learnt in the course helped me in my matters too, and in structuring e-commerce start-ups.

    Puneet Bhasin

    Founder, Cyberjure Legal Consulting, Mumbai

    I am a computer science engineer by education, but an entrepreneur by profession. Having had no formal education in running a business I was always led to a lot of "learning the hard way". When iPleaders launched the course for Entrepreneurship Administration and Business Laws, in an e-learning mode I took up the course with the objective to understand all legal nuances related to running a business. The course covered things like; understanding of ESOP, Sweat Equity, Company Policy, License agreements, IP related law, EULA and lots of other content which made sense for our business.

    Atul Gupta

    Managing Director of InSync Tech-Fin Solutions Ltd

    This course has given me valuable insights such as drafting various agreements with clients, dealing with clients, and also choosing right organization structure my own venture and was able to help other entrepreneur in structuring their new venture.
    Skills I learned during the course structuring a company, appoint advisors and remunerate them, drafting Co-Founder's Agreement, taxation of software product and SAAS companies, clear understanding of Shareholders' Meetings, legal instruments, Shareholders' Agreement, how to raise investments effectively, drafting employment agreement, Structuring ESOP& ESPS, How to avoid disputes and drainage of resources through courtroom battles, Data protection under Indian law, Cloud computing agreements, How to obtain copyright, trademark and patent registration in India.
    Definitely student entrepreneurs studying in college will get a lot of benefits from this course. Interested students will be motivated like me to pursue their entrepreneurial journey keeping balance with various entrepreneurship network system, they can easily create a successful business venture without any hindrance.

    Rajdeep Chatterjee

    Co-founder & CTO indiangrahak.com

    I work in a tech company with a lot of IP, the advanced issues I learned in the course regarding IP and Information Technology laws really help me to advise my senior management and have informed conversation with experts about these issues. In fact, my organization sponsored me to take up this course.
    I was able to access the course comfortably and I am very happy with the course because it was very easy for me to pursue it online. Giving exams online and submitting assignments was very easy and a satisfying experience. The study material is amazing. It is not like usual legal textbooks that focus on sections and case laws, and it was really easy to learn concepts and practical issues that I may have to deal with at work anytime. Professionally it was very beneficial for me.
    I am going to mentor future students in this course as is the tradition. I have always received great support from the iPleaders team whenever necessary. I will strongly recommend this course to other in-house counsels for rapidly learning a lot of areas of business law in a comprehensive manner.

    Mohammed Azharuddin

    In-house Legal counsel at Borderless Access Panels

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