MBL

INVESTMENT LAWS
Teaching Plan A.Y. 2024-25
Session Topic Readings
MODULE I – CAPITAL MARKETS: FINACING, INVESTMENT AND LAW
Umakanth Varottil, The Efficacy of India’s Legal System as a Tool for Investor
Protection in Global Securities Litigation and Enforcement (Cambridge
Role and function of capital markets University Press, 2018) pp. 813- 845

1
EILÍS FERRAN , PRINCIPLES OF CORPORATE FINANCE LAW (Oxford University Press, 2008)
pp. 13-48
Use of corporate form as a vehicle for raising finance
SUNIL MAHAJAN, CORPORATE FINANCE: THEORY AND PRACTICE (Cambridge University
Press, 2020)
EILÍS FERRAN , PRINCIPLES OF CORPORATE FINANCE LAW (Oxford University Press, 2008)
pp. 13-48
Types of capital

2 Raising capital – choice of methods Companies Act, 2013 – Section 23 – 24

- Public offer
- Private placement
- Rights issue ANIL CHOUDHARY AND RAJNEESH DEKA, SECURITIES REGULATIONS: PRIMARY MARKET
- Preferential issue/allotment OFFERINGS IN INDIA (CCH Wolter Kluwers, 2014) pp. 46 – 54
- Bonus issue
- Issue of sweat equity shares
Cyril Amarchand Mangaldas’s Treatise on Securities Law (Cyril Shroff and U. K.
3 Regulatory overview of capital markets Sinha ed., Thomson Reuters, 2021) pp. 85-114

4 Regulation of security dealings: laws and institutions

 MODULE – II INSTRUMENTS FOR CORPORATE FINANCE

CYRIL AMARCHAND MANGALDAS’S TREATISE ON SECURITIES LAW (Cyril Shroff and U. K.

5 Concept of securities & marketability of securities
Sinha ed., Thomson Reuters, 2021) pp. 23-72

Corporate securities
Kinds of securities
6 - Equity share capital
- Preference share capital
- Debentures
ANIL CHOUDHARY AND RAJNEESH DEKA, SECURITIES REGULATIONS: PRIMARY MARKET
Kinds of securities OFFERINGS IN INDIA (CCH Wolter Kluwers, 2014) pp. 1 – 45
7 - Hybrid as securities – The Sahara case

Kinds of securities
8 - Rights and interest in securities
- Depository receipt: whether securities?

MODULE III – CAPITAL MARKET PLAYERS

- Issuer company
9 o Eligibility of issuer company
- Promoters and promoter group ANIL CHOUDHARY AND RAJNEESH DEKA, SECURITIES REGULATIONS: PRIMARY MARKET
OFFERINGS IN INDIA (CCH Wolter Kluwers, 2014) pp. 121 – 146
- Investor
10 o Classes of investors

Relevant Provisions of:

- Securities and Exchange Board of India (Intermediaries) Regulations,
Intermediaries
2008
- Merchant banker
- Securities and Exchange Board of India (Merchant Bankers) Regulations,
O Role of merchant banker in capital
11 1992
market
- Depositories Act, 1996
- Depositories & depository participant
- Securities and Exchange Board of India (Depositories and Participants)
- Stock exchanges & stock brokers and sub-broker
Regulations, 2018
- Securities (Contract Regulations) Act, 1956
 - Securities Contract Regulations Rules, 1956
- Securities Contracts (Regulation) (Stock Exchanges and Clearing
Corporations) Regulations, 201
- Securities and Exchange Board of India (Stock Brokers) Regulations,
1992
- Securities and Exchange Board of India (Bankers to an Issue)
Regulations, 1994
Intermediaries - Securities and Exchange Board of India (Registrars to an Issue and Share
- Bankers to an issue Transfer Agents) Regulations, 1993
12
- Registrar to an issue & share transfer agent - Securities and Exchange Board of India (Debenture Trustees)
- Debenture trustee Regulations, 1993

MODULE IV – CORPORATE FINANCING TRANSACTIONS

- Regulatory framework of the primary market
transactions CYRIL AMARCHAND MANGALDAS’S TREATISE ON SECURITIES LAW (Cyril Shroff and U. K.
13
Sinha ed., Thomson Reuters, 2021) pp. 170-253

- Public offerings of equity and convertibles

o Initial public offer
14 o Legal requirements under companies act,
2013 & SCRA

- Public offerings of equity and convertibles

15 o Prospectus and its requirements
Relevant Provisions of:
- Public offerings of equity and convertibles - Companies Act, 2013
o Listing of securities - Securities and Exchange Board of India (Issue of Capital and Disclosure
16 Requirements) Regulations 2018 – Chapter II
o Routes for an IPO
o Promoter contribution
- Public offerings of equity and convertibles
17 o Promoter contribution
o Minimum subscription
- Public offerings of equity and convertibles
18
o Minimum dilution of capital
 o Reservations in IPO
o Pre-placement offers
o Allotment of Securities
Relevant Provisions of:
- Companies Act, 2013
- Securities and Exchange Board of India (Issue of Capital and Disclosure
19 - Private placement by public listed company Requirements) Regulations 2018 – Chapter V
- Companies (PAS) Rules, 2014

Relevant Provisions of:

Preferential allotment by listed companies
- Companies Act, 2013
o Conditions for preferential issue
20 - Securities and Exchange Board of India (Issue of Capital and Disclosure
o Pricing of securities
Requirements) Regulations 2018 – Chapter V
o Lock-in of securities
- Companies (SCD) Rules, 2014

- Rights issue
o Rights issue under the companies act
2013 Relevant Provisions of:
o Rights issue by listed companies - Companies Act, 2013
21 o Rights issue and initial public offer - Securities and Exchange Board of India (Issue of Capital and Disclosure
o Rights issue and private placement Requirements) Regulations 2018 – Chapter III / Chapter XI
- Bonus issues
- Issue of sweat equity
- Issue and listing of non-convertible securities Relevant Provisions of:
o Issue of debt securities - Companies Act, 2013
22 o Issue of debt security by public issue and - Securities and Exchange Board of India (Issue of Capital and Disclosure
private placement Requirements) Regulations 2018 – Chapter III / Chapter XI

- Issue and listing of non-convertible securities Relevant Provisions of:

o Listing of debt securities - Companies Act, 2013
23 o Continuous listing - Securities and Exchange Board of India (Issue of Capital and Disclosure
Requirements) Regulations 2018 – Chapter III / Chapter XI
 - Substantial acquisition of shares and takeovers Relevant Provisions of:
24
- Securities and Exchange Board of India (Substantial Acquisition of
25 - Substantial acquisition of shares and takeovers Shares and Takeovers) Regulations, 2011
MODULE V – CROSS BORDER INVESTMENT
Foreign direct investment framework
- The automatic routes
24
- The approval routes
Residence status
Foreign Direct Investment
- Entry route through instruments Relevant Provisions of:
- Pricing guidelines - Foreign Exchange Management Act, 1999
- Sectoral foreign investment - Foreign Exchange Management (Transfer or issue of Security by
- Prohibition on foreign investment in India a Person Resident outside India) Regulations, 2017
25
- Foreign investment limit
- Modes of investment under the foreign direct
investment scheme
- Guidelines for calculation of total foreign
investment
Foreign Portfolio Investment Relevant Provisions of:
- History and evolution of the participatory-notes - Foreign Exchange Management Act, 1999
- Securities and Exchange Board of India (Foreign Portfolio Investors)
26 - Participatory notes (offshore derivative Regulations, 2019
instrument)
- Reason for the issue of the participatory notes
- Nature of the participatory notes
MODULE VI – LIABILITY FRAMEWORK IN INVESTMENT LAWS
27 - Civil liability

- Criminal liability Relevant Provisions of:

o Offence of Misstatement or False - Companies Act, 2013
Statement in Prospectus - SEBI Act, 1992
28
o Offence for Fraudulently Inducing
Persons to Invest Money
o Offence of Personification for Acquisition,
 etc. Of Securities
o Offence of Fraud
o Offences for Contravening Securities
Laws
o Jurisdiction and Procedure
- Monetary Penalty
- Regulatory actions Relevant Provisions of:
o Prohibition of Fraudulent and Unfair - Companies Act, 2013
29 Trade Practices - SEBI Act, 1992
- SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to
Securities Market) Regulations, 2003
- Regulatory Actions Relevant Provisions of:
30 o Prohibition of Insider Trading - Companies Act, 2013
- SEBI Act, 1992
- Regulatory Actions
31 - Securities and Exchange Board of India (Prohibition of Insider Trading)
o Prohibition of Insider Trading Regulations, 2015

32 BUFFER CLASS
 S. Contents Mandatory Readings Session
No exercises
.
1 Refresher on A.T. von Mehren, ‘Contract’, Encyclopedia Britannica 14 Aug 2024 Activity:
Indian <https://www.britannica.com/money/contract-law> basic
Contract Law contract
Markovits, Daniel and Emad Atiq, "Philosophy of Contract Law", The drafting
Stanford Encyclopedia of Philosophy (Winter 2021 Edition), Edward N. exercise
Zalta (ed.), https://plato.stanford.edu/archives/win2021/entries/contract
-law/

Optional:

Pollock & Mulla, The Indian Contract Act (16th Edn), section 10 - Click here
to View
2 Intro to Srinivasan & Kannan (11th edn), chpt 1.1-1.11 - Click here to View
Insurance Law
3.4, 3.7 - Click here to View

Rastogi (1st edn) chpt 3 -Click here to View

3 Contracts of Murthy & Sarma (6th edn), chpt. 5.1 & 5.7
Insurance
(and Srinivasan & Kannan (11th edn), chpt. 3.9, 4.1-4.9, 11.1 - Click here to View
Premiums)
Optional

Rastogi (1st edn), chpt 4.1-4.6 - Click here to View

4 Conditions Srinivasan & Kannan (11th edn), chpt. 5.1-5.10 - Click here to View Activity:
and Breach of given a
Policy hypothetica
l scenario,
draft a
skeletal
insurance
contract
5 Insurable Srinivasan & Kannan (11th edn), chpt 8 - Click here to View
interest
Rastogi (1st edn), chpt 4.7.1 -Click here to View
6 Principle of Srinivasan & Kannan (11th edn), chpt 7 - Click here to View
Utmost Good
Faith & Non- Murthy & Sarma (6th edn), chpt 5.3.2 - Click here to View
disclosure
7 Indemnity, Srinivasan & Kannan (11th edn), chpt 9 - Click here to View Activity:
subrogation & practice
contribution Murthy & Sarma (6th edn), chpt 5.3.3 - Click here to View [unmarked]
multiple-
choice quiz
8 Risk Srinivasan & Kannan (11th edn), chpt 10 - Click here to View

Murthy & Sarma (6th edn), chpt 8 - Click here to View

9 Life Insurance Rastogi (1st edn), chpt 5 - Click here to View
I
10 Life Insurance Rastogi (1st edn), chpt 7 - Click here to View Activity:
II analyse
Srinivasan & Kannan (11th edn), chpt 38 - Click here to View economic
pros & cons
of life
insurance
11 Medical Srinivasan & Kannan (11th edn), chpt 41 - Click here to View
Insurance
12 Fire Insurance Rastogi (1st edn), chpt 8 - Click here to View

Srinivasan & Kannan (11th edn), chpt 26 - Click here to View

13 Marine Rastogi (1st edn), chpt 10 - Click here to View Activity:
Insurance compare &
Srinivasan & Kannan (11th edn), chpt 14 - Click here to View contrast
fire/marine
insurance
with
general
insurance
14 Other types of Srinivasan & Kannan (11th edn), chpt 48-50, 52 - Click here to View
financial
insurance Rastogi (1st edn), chpt 13.5 & 13.7 - Click here to View
15 Insurance Murthy & Sarma (6th edn) chpt 2 - Click here to View
Regulators
16 Insurance Srinivasan & Kannan (11th edn), chpt 13 - Click here to View Activity:
Intermediarie propose
s Murthy & Sarma (6th edn), chpt 11 - Click here to View reforms to
Indian
insurance
law
 National Law School of India University, Bangalore

Master of Business Laws

International Economic Laws

Faculty: Ms. Ronjini Ray

Course Description

This course is designed to provide the students with a comprehensive understanding of the
various contours of international economic laws. The course enables students to understand
the legal aspects of international trade, investment and transnational business transactions.

The course begins with context setting as to the vast scope of international economic laws
and lays down the historical development of its various aspects, while distinguishing between
public international economic law and private international economic law. Thereafter, the
course is divided into three modules dealing with (i) international trade law (ii) international
investment law, and (iii) international commercial laws.

The aim of the course is to examine the international regulation of trade, investment and
commerce as well as discuss its domestic implications and relevance in business transactions.

Course Objectives

On successful completion of this course students will be able to:

▪ Learn about the historical development of the different contours of international
economic laws, its consequences as well as its current status and relevance.
▪ Understand the differences in scope, institutional frameworks and implication of the
various areas of international economic law.
▪ Acquire a firm grasp over the key principles of international economic laws and apply
them to a variety of real world and hypothetical scenarios.

Reference Textbooks:
● Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade
Organization: Text, Cases, and Materials, 5th ed. Cambridge: Cambridge University
Press, 2021. Print.
● Ursula Kriebaum, Christoph Schreuer, and Rudolf Dolzer, Principles of International
Investment Law, 3rd ed. 2022. Oxford: Oxford University Press.
● Royston Miles Goode, Herbert Kronke, and Ewan McKendrick. 2015. Transnational
Commercial Law Text, Cases, and Materials. 2nd ed. Oxford: Oxford University Press.
Course Structure: The course comprises of the following three modules:
● Module I – International Trade Law
● Module II – International Investment Law
● Module III – International Commercial Laws

Teaching Plan

Session 1: Introduction to international economic law and institutions

● Historical development of international economic law

● Institutions and actors of international economic law
● Distinction between Public International Economic Law and Private International
Economic Law

Readings:

● Steve Charnovitz, ‘What Is International Economic Law?’ (2011) 14(1) Journal of

International Economic Law 3.
● Susan L. Karamanian, ‘Public International Law Versus Private International Law:
Reconsidering the Distinction’, OAS Course on International Law, 2013.

Exercise: Identification of the area of law: This exercise provides different situations and
requires the students to identify the applicable area of international economic law.

Module 1: International Trade Law

Session 2: Introduction to the World Trade Organization (WTO)

● Origin and evolution of GATT and WTO

● Structure and functions of WTO
● WTO Agreements and dispute settlement mechanism

Readings:
● AO Sykes, Comparative advantage and the normative economics of international trade
policy, Journal of International Economic Law, Volume 1, Issue 1, March 1998, Pages
49–82, https://doi.org/10.1093/jiel/1.1.49
● Chapters 1 and 2, Peter Van den Bossche and Werner Zdouc, The Law and Policy of the
World Trade Organization: Text, Cases, and Materials, 5th ed. Cambridge: Cambridge
University Press, 2021.

Exercise: Contextualizing WTO disputes: Discussing real and fictitious incidents that give
rise to WTO disputes. Students are expected to guess whether it is a real case or a fictious
case to acquire an understanding of the breadth of issues that may be raised before the WTO.

Session 3: Key principles of WTO – I: Non-discrimination

● National Treatment
● Most Favoured Nation

Readings:
● Chapters 4 and 5, Peter Van den Bossche and Werner Zdouc, The Law and Policy of the
World Trade Organization: Text, Cases, and Materials, 5th ed. Cambridge: Cambridge
University Press, 2021
● Lothar Ehring, 'De Facto Discrimination in World Trade Law: National and
Most-Favoured-Nation Treatment—or Equal Treatment?', (2002), 36, Journal of World
Trade, Issue 5, pp. 921-977,
https://kluwerlawonline.com/journalarticle/Journal+of+World+Trade/36.5/5107794

Cases:
● Japan – Alcoholic Beverages
● Canada – Autos

Session 4: Key principles of WTO – II

● Binding of tariffs
● Elimination of quantitative restrictions
● Special and Differential Treatment

Readings:
● Chapters 6 and 7, Peter Van den Bossche and Werner Zdouc, The Law and Policy of the
World Trade Organization: Text, Cases, and Materials, 5th ed. Cambridge: Cambridge
University Press, 2021
● N. Lamp, ‘How Some Countries Became ‘Special’: Developing Countries and the
Construction of Difference in Multilateral Trade Lawmaking’, Journal of International
Economic Law, 2015, 18(4), 743–771

Session 5: Exceptions
● General Exceptions
● Security Exceptions

Readings:
● Chapter 8, Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World
Trade Organization: Text, Cases, and Materials, 5th ed. Cambridge: Cambridge
University Press, 2021
● Mona Pinchis-Paulsen, Petros C. Mavroidis, and Kamal Saggi, The National Security
Exception at the WTO: Should It Just Be a Matter of When Members Can Avail of It?
What About How? (January 08, 2024). Available at SSRN: https://ssrn.com/abstract=

Cases:
● US – Shrimp
● US – Steel and Aluminum Products

Session 6: Further regulation of trade in goods

● Non-tariff measures - Sanitary and Phytosanitary measures (SPS) and Technical Barriers
to Trade
● Trade Remedies - Subsidies and countervailing measures (SCM Agreement); Dumping
and Antidumping measure (AD Agreement); Safeguards

Readings:
● Chapters 9, 11, 12, 13 and 14, Peter Van den Bossche and Werner Zdouc, The Law and
Policy of the World Trade Organization: Text, Cases, and Materials, 5th ed. Cambridge:
Cambridge University Press, 2021.

Cases:
● India – Agricultural Products
● Australia – Plain Packaging
● China – AD/CVD

Exercise:
● Identify the measure: This exercise provides different situations and requires the students
to identify the specific measure and applicable disciplines therein.

Session 7: Beyond trade in goods

● Trade in Services (GATS)

● Trade Related to Intellectual Property Rights (TRIPS)
● Future disciplines under the WTO

Readings:
● J. A. Marchetti and P. C. Mavroidis, ‘The Genesis of the GATS (General Agreement on
Trade in Services)’, The European Journal of International Law, 2011, 22(3), 689-721

Cases:
● US – Gambling
● India – Patents

Session 8: Contemporary issues in international trade

● Crisis at WTO and Backlash against Globalisation

● Free Trade Agreements
● India and international trade

Readings:

● Nicolas Lamp, How Should We Think about the Winners and Losers from Globalization?
Three Narratives and Their Implications for the Redesign of International Economic
Agreements, European Journal of International Law, Volume 30, Issue 4, November
2019, Pages 1359–1397.
● Donald H. Regan, What Are Trade Agreements For? – Two Conflicting Stories Told by
Economists, With a Lesson for Lawyers, Journal of International Economic Law,
Volume 9, Issue 4, December 2006, Pages 951–988, https://doi.org/10.1093/jiel/jgl034

Further readings:
● Anthea Roberts, Henrique Choer Moraes, Victor Ferguson, Toward a Geoeconomic Order
in International Trade and Investment, Journal of International Economic Law, Volume
 22, Issue 4, December 2019, Pages 655–676, https://doi.org/10.1093/jiel/jgz036.
Module 2: International Investment Law

Session 9: Introduction to international investment law

● Historical development of the foreign investment protection

● Foreign Direct Investment and Bilateral Investment Treaties
● Investor State Dispute Settlement (ISDS)

Readings:
● Chapter 1 and 12, Ursula Kriebaum, Christoph Schreuer, and Rudolf Dolzer, Principles
of International Investment Law, 3rd ed. 2022. Oxford: Oxford University Press.

Exercise:
● Contextualizing ISDS: Discussing real and fictitious incidents that give rise to investment
disputes. Students are expected to guess whether it a particular scenario would lead to an
investment dispute.

Session 10: Standards of investment protection

● Definition of investment
● Non-discrimination
● Fair and Equitable Treatment and Full Protection and Security

Readings:
● Chapter 4, 6 and 8, Ursula Kriebaum, Christoph Schreuer, and Rudolf Dolzer, Principles
of International Investment Law, 3rd ed. 2022. Oxford: Oxford University Press.
● DiMascio, N., and Pauwelyn, J., Nondiscrimination in Trade and Investment Treaties:
Worlds Apart or Two Sides of the Same Coin?, American Journal of International Law,
2008, pp. 48-89

Case:
● Emilio Augustín Maffezini v. The Kingdom of Spain, ICSID/ARB/97/7, Decision on
Objections to Jurisdiction (25 January 2000).

Session 11: Expropriation

● Right to regulate
● Direct v. Indirect expropriation

Readings:
● Chapter 7, Ursula Kriebaum, Christoph Schreuer, and Rudolf Dolzer, Principles of
International Investment Law, 3rd ed. 2022. Oxford: Oxford University Press.

Session 12: Contemporary issues in International Investment Law

● Global backlash against ISDS and reform efforts

● India’s tryst with investment treaties and arbitration
● India’s Model BIT and future investment negotiations
Readings:
● Polanco R. The Rise of and Backlash against Investor–State Arbitration. In: The Return of the
Home State to Investor-State Disputes: Bringing Back Diplomatic Protection?. Cambridge
International Trade and Economic Law. Cambridge University Press; 2019:29-52.
● Prabhash Ranjan, Pushkar Anand, The 2016 Model Indian Bilateral Investment Treaty: A
Critical Deconstruction, 38 Northwestern Journal of International Law & Business 1-55
(2017)

Exercise: Way forward for ISDS: A group activity where the student discuss potential ways
forward with respect to ISDS both domestically and internationally.

Module 3: International commercial law

Session 13: Introduction to International commercial law

● Historical development of international commercial law

● Unification and harmonization
● Conflict of laws in international commercial transactions

Readings:

● Goode, Kronke and McKendrick (eds.) Transnational Commercial Law: Texts, Cases
and Materials, Oxford University Press (2015), Ch 1 and 2
● Sandeep Gopalan, ‘New Trends in the Making of International Commercial Law,’
Journal of Law and Commerce 23 (2) (2004)

Cases:
● Amin Rasheed Shipping Corporation v. Kuwait Insurance Co. [1983]. 3 W.L.R. 241
● Soleimany v Soleimany [1999] Q.B. 785

Session 14: International sales contracts and International carriage of goods

● International sales law

● Overview of CISG, UNIDROIT Principles and INCO Terms
● Carriage of Goods by Sea
● Bills of lading: Hague-Visby rules and Rotterdam rules

Readings:
● Goode, Kronke and McKendrick (eds.) Transnational Commercial Law: Texts, Cases and
Materials, Oxford University Press (2015), Ch 8 and 9
● Gizem Alper, Attorney’s Guide: Comparison Chart UCC and CISG, Institute of
International Commercial Law (2021), available at:
https://iicl.law.pace.edu/sites/default/files/bibliography/ucc-cisg_1.pdf
● T.K Thommen, Carriage of Goods by Sea: The Hague Rules and Hamburg Rules, Journal
of the Indian Law Institute, 32(3), 1990

Cases:
● Scafom International BV v. Lorraine Tubes S.A.S (2009, Belgian Supreme Court).
English translation of the decision available here: https://cisg-
online.org/files/cases/7880/translationFile/1963_18923774.pdf.
● Shipping Corpn. of India Ltd. v. Bharat Earth Movers Ltd., (2008) 2 SCC 79
● British India Steam Navigation Co. Ltd. v. Shanmughavilas Cashew Industries, (1990) 3
SCC 481

Exercise:

● Application International Rules in Domestic Law: A group exercise identifying

provisions from the international agreements discussed and its application in domestic
law.

Session 15: International commercial arbitration - I

● Arbitration agreements
● Applicable Laws
● International Investment Arbitration v. International commercial arbitration

Readings:

● Chapter 1, 2 and 4, Moses ML. The Principles and Practice of International Commercial
Arbitration: Third Edition. 3rd ed. Cambridge University Press; 2017.
● Bernardini, Piero, 'International Commercial Arbitration and Investment Treaty
Arbitration: Analogies and Differences', in David D. Caron, and others (eds), Practising
Virtue: Inside International Arbitration (Oxford, 2015; online edn, Oxford Academic, 21
Jan. 2016)

Session 16: International commercial arbitration - II

● Arbitral procedure and awards

● Post-award judicial remedies
● Contemporary issues of international arbitration

Readings:

● Chapter 7, 8, 9 and 10, Moses ML. The Principles and Practice of International
Commercial Arbitration: Third Edition. 3rd ed. Cambridge University Press; 2017.
● Bernardini, Piero, 'International Commercial Arbitration and Investment Treaty
Arbitration: Analogies and Differences', in David D. Caron, and others (eds), Practising
Virtue: Inside International Arbitration (Oxford, 2015; online edn, Oxford Academic, 21
Jan. 2016)

Exercise:

● Mock arbitration exercise: Based on the principles and procedures learnt on international
commercial arbitration a group activity creating a mock arbitration.

*************
 MASTER OF BUSINESS LAWS (MBL)

IPR COURSE OUTLINE

(AY 2023-24)
Course Description

This course intends to provide students a comprehensive overview of different kinds of

intellectual property (IP) rights including copyright, designs, trademarks, geographical
indications, patents, plant variety protection, and trade secrets. To foster critical thinking about
the impact those IP rights have on creativity and innovation as well as questions of access to
creative and innovative outputs protected under different kinds of intellectual property rights,
the course will delve into the legal, philosophical, economic, and historical dimensions of these
rights.

Learning Objectives

 To introduce students to various types of IP rights.

 To explore philosophical, historical and economic foundations of IP rights.
 To promote critical thinking on the impact of different IP rights on creativity and
innovation.
 To foster critical thinking on the impact of different IP rights on access to data,
information, knowledge, innovations and cultural goods.

MODULES

The course consists of 8 modules and these modules will be covered over 16 sessions. Each
module will have specific readings to help students critically engage with the subject matter of
discussion. Students are expected to go through the readings before the concerned class
discussions. Additional reading materials may also be disseminated through Moodle.

Module 1: Introduction to IP

• Overview of IP rights
• Philosophical and economic foundations of IP

Module 2: Copyright

• Criteria for copyright protection

• Subject matter of copyright protection
• Authorship, ownership, licensing, and assignment
• Economic and moral rights
• Infringement
 • Exceptions to infringement
• Digital rights management
• Secondary liability

Module 3: Designs

• Criteria and subject matter of design protection

• Interface of design law with copyright and trademarks
• Infringement

Module 4: Trademark and Passing Off

• Rationale for protection of trademarks

• Types of trademarks
• Securing trademark protection – procedural dimensions
• Absolute and relative grounds for refusal
• Infringement
• Passing off

Module 5: Geographical Indications

• Rationale for protection of geographical indications

• Criteria and subject matter of protection
• Infringement

Module 6: Patents

• Subject matter of patent protection

• Criteria for patent protection
• Infringement and exceptions to infringement
• Patents and public health

Module 7: Protection of Plant Varieties and Farmers' Rights

• Sui generis model of plant variety protection

• Criteria and subject matter of protection
• Rights, infringement and exceptions to infringement
• Interface between patents and plant variety protection

Module 8: Trade Secrets

• Protection of trade secrets in India

• Should there be a sui generis trade secrets law?
• Trade secrets and public health
 SESSION-WISE COURSE OUTLINE
Session 1:
• Overview of IP rights
• Philosophical and economic foundations of IP
• Alternatives to IP

Session 2:
• Criteria for copyright protection
• Subject matter of copyright protection

Session 3:
• Authorship, ownership, licensing, and assignment

Session 4:
• Economic and moral rights
• Infringement of copyright
• Secondary Liability

Session 5:
• Exceptions to infringement
• Digital Rights Management

Session 6:
• Criteria and subject matter of design protection
• Interface of design law with copyright and trademarks
• Infringement

Session 7:
• Rationale for protection of trademarks
• Types of trademarks
• Securing trademark protection – procedural dimensions

Session 8:
• Absolute and relative grounds for refusal

Session 9:
• Infringement
• Passing off

Session 10:
• Exceptions to infringement
Session 11:
• Rationale for protection of geographical indications
• Criteria and subject matter of protection
• Infringement of geographical indications

Session 12:
• Subject matter of patent protection
• Criteria for patent protection

Session 13:
• Infringement of patents and exceptions to infringement

Session 14:
• Patents and public health

Session 15:
• Plant varieties protection - criteria and subject matter
• Rights and exceptions to infringement
• Interface between patents and plant variety protection

Session 16:
• Protection of trade secrets in India
• Trade secrets and public health

OPTIONAL READINGS

Books

Lionel Bently and others, Intellectual Property Law (5th edition, Oxford University Press
2022).

N. S. Gopalakrishnan and T. G. Agitha, Principles of Intellectual Property (2nd Edition,

Eastern Book Company 2014)
 Session & Content Readings
· Session 1: Principles of - Dewan Chand Builders & Contractors v. Union of India (2012) 1 SCC
Taxation, Introduction to 101 - Click here to View
Indian Tax Regime and
Constitution and Taxation - Allison Christians, Introduction to Tax Policy Theory
(2018) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3186791
Articles 270 and 271 of the
Constitution of India (to
understand the implication of
the classification between tax,
surcharge, and cess for
centre-state revenues)
· Session 2: Introductory - DeBeers Consolidated Mines v. Howe [1906] A.C. 455 - Click here to
Concepts in Income-tax law View

Concepts of Previous Year, - CBDT Circular 06/2017 Guiding Principles for determination of Place
Assessment Year, Person, of Effective Management (POEM) of a Company - Click here to View
Assessee, Residence, Source
and Sections 3-5, 6, 9 and 14
of Income-tax Act, 1961.
· Session 3: Salary income - Red Chillies Entertainment Pvt Ltd. v. ACIT (2017 (3) TMI 333-ITAT
Mumbai) - Click here to View
Sections 15 to 17 of the
Income-tax Act, 1961 CIT v. Infosys Technologies (2008) 2 SCC 272 - Click here to View
· Session 4: Income from - Raj Dadarkar & Associates v. ACIT, (2017) 394 ITR 0592 (SC); - Click
house property here to View

Sections 22 – 27 of the - CIT v. Oberon Edifices & Estates (P) Ltd. 2019 SCC OnLine Ker
Income-tax Act, 1961 978.- Click here to View

· Session 5: Profit or gains - CIT v. Saurashtra Cement Limited, (2010) 11 SCC 84 - Click here to View
from business/ profession
- Honda Siel Cars India Ltd. v. CIT, (2017) 395 ITR 0713 (SC); - Click here
Sections 28, 29, 32, and 37 of to View
the Income-tax Act, 1961
- CIT v Southern Roadways (2007) 158 Taxman 1 (Mad-HC)- Click here
to View
· Session 6: Capital gains - CIT v. BC Srinivasa Shetty (1981) 2 SCC 460 - Click here to View

Section 45, 48, 54 of Income- - Asst. CIT v. Narendra I. Bhuva (2004) 90 ITD 174 (Mum) - Click here to
tax Act, 1961 View
· Session 7: Income from - Dividend’s Tryst with Taxation (EY, 2020) - Click here to View
Other Sources
- DP Sengupta, End of Legal Wrangle about nature of DDT?, available
Section 56 of Income-tax Act, at https://taxindiainternational.com/columnDesc.php?qwer43fcxzt=NDIy
1961
· Session 8: International - Brian J Arnold, An introduction to tax treaties,
Taxation available https://un.org/esa/ffd/wp-
content/uploads/2015/10/TT_Introduction_Eng.pdf.
Residence, Source, Double
Taxation, and Role of Tax
Treaties
· Session 9 and 10: - Formula One Championship Ltd. v. CIT (SC Civil Appeal 3849 of
International Taxation 2017) - Click here to View

Article 4, Article 13, Article 5,

and Article 7 of Tax Treaties
· Session 11: Constitution - Union of India v. Mohit Minerals Pvt. Ltd. 2022 SCC OnLine SC 657
and GST (Part C - Constitutional architecture of GST) - Click here to View
· Session 12: Concept of - In Re: Caltech Polymers Pvt. Ltd., MANU/AR/0006/2018 (Advance
Supply ruling by Kerala Bench) - Click here to View

Relevant provisions of the

Central Goods and Services
Tax Act, 2017 (‘CGST Act’) -
Sections 9, 2(52), 2(102), 7,
2(31), 2(17), 8, 2(30), 2(90),
2(74)
· Session 13: Consideration - Circular No. 178/10/2022-GST (GST applicability on liquidated
damages, compensation and penalty arising out of breach of contract or
other provisions of law) read paras 2 and 7, entire text under the heading
liquidated damages. - Click here to View

- Gameskraft Technologies Private Limited v. Directorate General of

Goods, Services Tax Intelligence (Headquarters) and Ors.,
MANU/KA/0921/2023 (Karn HC), read I Factual Matrix and II. Summary of
Pleadings of Petitioners and Intervenors - Click here to View
· Session 14: Value of - Section 15, CGST Act; Rules 27, 28, 30, 31, CGST Rules
Supply
· Session 15 and 16: Place of - Sections 7, 8, 10, 12 of Integrated Goods and Services Tax Act, 2017
Supply (‘IGST Act’), Section 22, 2(71), 2(85), 2(50) of CGST Act.