Overview

The course will consist of a historical overview of the development of intellectual property law in the UK, at European Union level and internationally. It will examine the law of copyright in relation to literary, musical, dramatic and artistic works as well as in broadcasts, films and sound recordings. It will also examine performers’ rights in their performances. It will also examine the law of trade secrets, patent law, the registration and protection of designs and trade marks and the common law tort of passing-off. In each of the areas, the scope of protection will be examined, the rights conferred on the holders of the rights, dealings in the rights and remedies, both civil and criminal, against infringers of rights.

Assessment Strategy

-threshold -D- to D+ (40-49&) :An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.

-good -B- to B+ (60-69%) :A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.

-excellent -A- to A* (70%+): An outstanding, possibly brilliant, answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.

-another level-(50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.

Learning Outcomes

• Demonstrate knowledge of the key principles, characteristics and concepts of English and EU intellectual property law. including the principal differences that exist between the four main components of intellectual property rights: patents, trademarks, copyright and industrial designs.

• Explain the concept that intellectual property governance occurs at three distinct levels: domestic (UK), EU and multilateral (e.g. WIPO, WTO (TRIPs).

• Find and use relevant legal sources/resources to identify actual or proposed reforms of English and EU intellectual property law.

• Show an appreciation of the strong synergies between Intellectual Property Law and Information Technology Law.

• Show knowledge on how developing technologies, in particular the Internet, are sometimes used to undermine intellectual property holders’ rights.