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

Twenty-four months fully online Masters Degree programme by NUJS, 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 has 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 in IP 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 is an amazing resource for anyone who wants to acquire knowledge regarding business laws with a specilized focus on IP and IT industries and build credibility in these areas.

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.

    My purpose of joining the course is certainly fulfilled; it has given me the much needed practical knowledge of law. All modules in the course are designed with emphases on practical knowledge. The concepts are not explained theoretically but in a practical manner. I personally found the module on business structuring, institutional finance, and raising investment to be most beneficial for me. I am able to utilize this knowledge in my current job also.

    Shivam Dubey

    Associate, Cyril Amarchand Mangaldas

    All that I learned from the course is very relevant to me and helps me every single day. I still refer the course notes. Once, we were working on a transaction which involved export-import compliance. It was something I had never done before and none of my team members had an experience with it. I had only the basic idea about it and that is when I realized that I have studied it in my diploma course. I referred the course material and handled the transaction totally based on the knowledge gained through the diploma course, it gave me the basic idea of what to check and how to check.

    Ananya Banerjee

    Managing Partner, Unico Legale

    I can definitely say that this course has added value to my profile and facilitated my growth. The knowledge gained through this course has boosted my confidence and helped me get through many interviews. I found the modules on Arbitration, FDI, and Corporate Governance to be extremely informative. The module on drafting provided various templates that gave you a framework to build on. The webinars by various industry experts was an added advantage of this course. These were exceptionally outstanding, interactive and provided the much needed insights from a commercial point of view.

    Mehak Gupta

    Associate, Economic Laws Practice

    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

    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 contacted the iPleaders team to understand more about the course and was fully satisfied with the way the benefits were explained to me. I was very impressed with the follow-up mechanism as well. So I decided to enroll for this diploma course. I found the course to be exceptional. This course helped me update my knowledge and exceeded the expectations I had from it. I did my LLB in 1999, so much has happened since then and this course gave me all the latest updates. The best part about this course is that the course material is concise and ready for consumption. It's to the point and contains no irrelevant materials.

    M. Jagadeesh

    Partner, Tapas Law

    The added advantage of this course is the iPleaders Club; which is an independent skill development platform where you work towards taking your career / work/ business to the next level by performing activities, this is an extra advantage of the course as this service is provided free of cost by iPleaders to all its students. Another interesting feature about the course is that all are assigned mentors to help us during the course. This is really beneficial as most of us are not from a family of lawyers and have no one they can turn to for tips on mooting, career guidance etc. The fact that we have to submit an article every month has improved my writing skills tremendously. You not only learn to improve your style of writing but also learn the nuances of how to do good research which are important skill sets for a lawyer.

    Tresa Ajay

    B.A LLB, NUALS, Kochi

    I joined the NUJS diploma in Entrepreneurship Administration and Business Laws while I was working with the Calcutta Stock Exchange. I had already done my LLB and was looking for a course which would give me some practical insight. I came across the NUJS Diploma in Entrepreneurship Administration and Business Laws while searching the internet. I was looking for some course for value addition to my profile and knowledge. I had already done my LLB and MBA but wanted some practical knowledge. This course appealed to me, as it was dealing with business laws and I was working with a corporate. So this course was very significant to me and covered things which were relevant to me.

    Sumit Sengupta

    CFA, LL.B, Legal Counsel, Calcutta Stock Exchange

    All modules in this course are meticulously designed with the emphasis on practical knowledge and it's very difficult to say which module was more informational than the other. Still, I particularly found the modules on statutory compliances, due diligence, business structuring and institutional financing to be really beneficial for me because I wanted practical insight into these topics. Non-lawyers such as businessmen are usually afraid of legal jargons that are found in books; however, this course uses a very simple and easy to understand language and therefore I recommend this course to all those who wish to enhance their business law knowledge.

    Harshal Joshi

    Legal Head, Legal Dog, LL.C

    All the modules in the course are designed with the emphasis on practical knowledge. The concepts are explained in a very easy to understand language without any legal jargons. A person like me who is not from a legal background can also follow it easily. Institutional Finance and Raising investment were two modules which I personally found very interesting. I am able to utilize this knowledge in my current job also. When I informed my company that I have cleared this diploma from NUJS, my company gave me recognition for the same. I have now been shifted to Compliance department because of my knowledge about business and corporate law gained through this course. In future, I want to work with different institutes and colleges as a guest lecturer and this course has helped me prepare for that as well. I have been applying to various institutes and got a positive response from many of them. This course would certainly help me in my future vision also as I've learnt how to explain complex matters in an easy to understand manner from this course.

    Atanu Biswas

    Manager, Compliance, Peerless Group

    My purpose of joining the NUJS diploma in Entrepreneurship Administration and Business Laws was to gain legal knowledge and breadth of the legal system specific to India. Being from a nonlaw background we deal with legal matters almost on a day to day basis, mostly in indirect and often unknown and subtle forms. As an entrepreneur juggling many hats, I had to be aware of the basic laws and legal systems so as to be aware at all times. This course has helped me understand different legal aspects from a technical perspective; of which I did not have the knowledge earlier. Content wise the course is excellent. It is designed in a manner that a person who is not from a legal background can also follow it easily. I have benefitted the most from the chapters related to Business Structuring and Drafting. The Module on drafting helped me understand how agreements are to be drafted and vetted, what are the precautions to be taken, how clauses can be negotiated etc. Down the line, I have drafted quite a few documents thanks to this course, and my lawyers are still wondering how I could manage it so well without their help! They used to be quite surprised when they found my draft quite 'legal' in order and form. This course has empowered me to an extent that it has added on to my persona. Nowadays I not only understand what my legal team is doing, but I also engage in discussions with them regarding different policies, clauses in agreements.. etc.

    B D Thimmaiah

    Executive Officer, Advanced Research and Development Corporation

    I was in the final year at RMLNLU and was aware that if I fail to get a campus placement offer or a PPO, I would have to face lot of interviews. I had to be well versed in all aspects of law especially corporate and business law in order to crack the interviews. Even if I manged a PPO or a campus placement, I had to be aware of all basics of corporate law inorder to perform well in my job. I wanted a career in corporate law in a tier 1 law firm. All this was not possible with the knowledge gained through the law school curriculum only. I had to learn the business law basics in a practical manner and this diploma course was the perfect solution to it. This course provided an excellent curriculum around that. All the modules were very well planned with lot of emphasis on practical knowledge. The module I personally liked the most was the one related to the Companies Act and SEBI regulations. These were very informative and helpful. The webinars with Industry experts were another plus point of the course. These webinars exposed us to few of the best brains in the industry and their views and thoughts about different aspects of law.

    Divye Bahadur

    Associate, Trilegal

    All the modules in the course were very well structured, but the module which personally benefited me the most is the module on Drafting. It has given me further insight into drafting and helped me appreciate the nuances which people generally tend to overlook in a contract. The content of the drafting module and the drafting exercises really helped me improve my skills. I came to know of various clauses which I had never thought of earlier and I strongly believe that this knowledge puts me in a better position to advise clients.

    SVS Ravi Kiran

    Deputy Manager Legal, Mylan Labs

    This course has definitely helped me in setting up my health care startup; a primary health care centre in Hyderabad. I'm not from a legal background; if not for this course I wouldn't have known the difference between a Pvt Ltd, LLP and a partnership firm. This knowledge helped me in deciding to start my centre as a Pvt Ltd company, I was aware that this would be the best option for my centre. The knowledge gained from this course is still helping me. It helps me understand everything to do with taxation at my centre, although I have a very responsible and committed accountant working with us. Having the knowledge of taxation and basic laws prepares me for, what to expect and what not to. A module that I personally found extremely beneficial was the one on structuring a business. This module helped me decide on many factors while starting my center. The syllabus and study material is also structured in a way that it's very easy to find answers to specific questions, which often come in very handy.

    Dr. Padmakumari Muthuswamy

    MBBS, Founder Director, Winspire One Healthcare

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