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Difference between running a professional course and providing coaching classes

(Querist) 06 September 2008 This query is : Resolved 
What is/are difference(s) between running a professional course such as MBA, CFA etc. and providing coaching classes for these courses ? If possible, please mention laws and case laws of Hon'ble Supreme Court.

If a person/institute provides a coaching classes for preparation for appearance in a entrance examination of professional courses such as MBA, CFA etc., is he using good Will or IPR of that particular course. Can he be prosecuted for infringing IPR of that particular course.

If possible, please mention laws and case laws of Hon'ble Supreme Court.


Thanks and regards,

Mintu

Guest (Expert) 07 September 2008
Professional courses like MBA are recognised by the AICTE or Universit which comes under an enactment, therefore they are governed by the law and if coaching course are made available to such courses by private unrecognised person, there won't be an infringement of right of unviersity as the coaching centre will be teaching the syallabus as fixed by the Unviersity and avaialbe for the students.

I donot think there is any IPR issue in a document that is made public and stuent using the course uses it.
Adv.Shine Thomas (Expert) 09 September 2008
If there is any IPR issue it will come under sec.52 of Copyright Act-Exceptions to infringement.
ARVIND JAIN (Expert) 20 September 2008
NO QUESTION OF ANY IPR INFRINGMENT.IF ACCEPTED EVERY TUTION MASTER WILL BE BEHIND BARS.NO NOT AT ALL.
B.B.R.Goud. (Expert) 07 March 2009
i agree with sri arvind jain.
1. To run the institution, to impart the professional courses, need to take the relevant permissions as under the provisions of Art 19(1)(g) and Art 19(6) in turn need to award or caused to award the certificate.
2. Where as to run the coaching centres, it will not come under the above provisions, because they are not going to award or caused to award any certificate.
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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