Intellectual Property Law
Run by School of History, Law and Social Sciences
15.000 Credits or 7.500 ECTS Credits
Organiser: Dr Wei Shi
Overall aims and purpose
The principal aim of this module is to examine copyright law, patent law and trade mark law in relation to the UK, the European Union and relevant international conventions such as the Berne Convention, the Paris Convention, the Madrid Agreement and the Madrid Protocol. As a separate exercise, the WTO aspects of IP Law will be examined, e.g. 1994 TRIPs Agreement. Students who take this module will develop a sound knowledge of the law and practice relating to copyright law, patent law and trade mark law at UK, EU and multilateral levels. This module will encourage a contextual study of the law in this area and will encourage students to take a proactive approach to legal learning in relation to intellectual property law. This module will also encourage a critical assessment of intellectual property law by reference to scholarship, research and proposals for reform. Independent and original thought is encouraged among the students during this module. This module provides students with an opportunity to develop advanced research skills and to develop professional communication skills.
The course will consist of seminars on the fundamentals of intellectual property law, the definition and scope of copyright, patents and trade marks. The rationales/justifications for each form of IP protection will be examined. The copyright part of the course will cover the following: ownership; a comparison of economic rights versus moral rights; primary and secondary infringement; copyright exceptions; TPMs and DRM; collective licensing agencies; the role and functions of the Copyright Tribunal; and, new threats posed to copyright by the internet. The patent part of the course will cover the following: patent procedures; protectable subject matter; excluded subject matter; revocation; biotechnological inventions; and software-related inventions. The trade mark part of the course will cover the following: registration and grounds for refusal of registration; trade marks and domain names; and, trade marks and personality merchandising. Infringements, defences and penalties will be covered in respect of all three classes of IPR.
A- to A* (70%+)
· Demonstrate comprehensive knowledge and detailed understanding of the subject area.
· Demonstrate extensive background study.
· Be well structured and highly focused.
· Contain logically presented and defended arguments.
· Be free of factual/computational errors.
· Include significant elements of original interpretation.
· Demonstrate an ability to identify, develop and present new links between topics.
· Include new approaches to analysing and/or explaining a problem.
· Be presented to very high standards with very accurate communication.
B- to B+ (60-69%)
· Demonstrate strong knowledge and understanding of most of the subject area.
· Demonstrate evidence of background study.
· Be well structured and focused.
· Contain coherently presented arguments.
· Be mostly free of factual errors.
· Include some elements of original interpretation.
· Describe well known links between topics.
· Analyse and/or explain problems using existing methods/approaches.
· Be presented to high standards with accurate communication.
C- to C+ (50-59%)
· Demonstrate knowledge of key areas/principles.
· Have some, if only limited, evidence of background study.
· Be focussed on the question with only some irrelevant material and weaknesses in structure.
· Attempt to present relevant and logical arguments.
· Not contain a large number of factual errors.
· Describe major links between topics.
· Attempt to analyse and/or explain problems.
· Be free of major weaknesses in presentation and accuracy.
Critically evaluate the main rules, principles and policies operating in the relevant areas of intellectual property law.
Identify and critically analyse the relevant legislation and case law governing design law, performers' rights and related rights.
Demonstrate an in-depth advanced knowledge of the problems posed by developing technologies in intellectual property law, such as the use of the internet and show aware of international, European and UK proposals to address any problems for the creative industries created by these developments.
Critically demonstrate an in-depth, advanced knowledge of the role of the law of copyright, patents and trade marks in contemporary society.
Formulate and investigate proposals for the development and/or reform of the existing international intellectual property law.
Four essay titles will be set up and students shall write their essays on one of these titles.
|CASE STUDY||Case Study||
Four cases will be set up and students shall write their case analysis on one of these titles.
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for seminars and assessments.
The module will consist of 11 x 2 hour seminars. Each lecture will be a preparatory introduction to the related seminar. For each seminar students are required to prepare in advance and to look at essential reading together with preparation of problem questions, for which they will be expected to prepare outline answers which will enable them to participate in discussion of the questions in the seminars. The course will be taught by a combination of lectures and Socratic methods, with students required to consider hypothetical scenarios related to the seminar material. This will require advance preparation based on selected reading materials and legislations. This will provide students with the critical skills needed to assess the strengths and weakness of the legal regimes under examination.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
- Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
- Leadership - Able to lead and manage, develop action plans and objectives, offer guidance and direction to others, and cope with the related pressures such authority can result in
Subject specific skills
- demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
- present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
- present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
- Students will acquire knowledge and understanding of advanced level theory containing the ongoing evolution of Intellectual Property Law and its response to industrial and commercial innovation. Students will acquire critical awareness of current problems and/or new insights, informed by the latest literature, international legislation, international conventions, EU Law, and academic literature and international case law.
- write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-4404.html
• Aplin, T. and Davis, J. (2017) Intellectual property law: text, cases, and materials. Third edition, Oxford University Press.
• Bainbridge, D. (2018) Intellectual Property, Pearson Education Limited
• Carrier, M. A. (2011) Intellectual property and competition. Edward Elgar
• Cornish, W. R. (2019) Intellectual property: patents, copyright, trade marks and allied rights. Sweet & Maxwell
• Drahos P. & J. Braithwaite (2002), Information Feudalism: Who Owns the Knowledge Economy, Earthscan
• Groves, P. (2011) A dictionary of intellectual property law. Edward Elgar.
• Husovec, M. (2017) Injunctions against intermediaries in the European Union: accountable but not liable? Cambridge University Press
• Menescal A. K. (2005), Those Behind the TRIPS Agreement: The Influence of the ICC and the AIPPI on International Intellectual Property Decisions
• Norman, H. E. (2014) Intellectual property law. Second edition. Oxford: Oxford University Press
• Sell, S. K (2003), Private Power, Public Law: The Globalisation of Intellectual Property Rights, Cambridge University Press
• Waelde, C. et al. (2016) Contemporary intellectual property: law and policy. Fourth edition. Oxford University Press.
Courses including this module
Optional in courses:
- N2AF: MBA Law and Management year 1 (MBA/LMGT)
- N2BD: MBA Law and Management (with Incorporated Pre-Masters) year 1 (MBA/LMGT1)
- N2BH: MBA Law and Management (January start) year 1 (MBA/LMGTJ)
- P3AS: MSc International Media & Management year 1 (MSC/IMEDM)
- P3AT: MSc Intl Media & Management (with Incorporated Pre-Masters) year 1 (MSC/IMM1)