Intellectual Property Law
Intellectual Property Law 2022-23
School Of History, Law And Social Sciences
Module - Semester 2
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.
-threshold -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. -good -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. -excellent -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.
- Critically demonstrate an in-depth, advanced knowledge of the role of the law of copyright, patents and trade marks in contemporary society.
- Critically evaluate the main rules, principles and policies operating in the relevant areas of intellectual property law.
- 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.
- Formulate and investigate proposals for the development and/or reform of the existing international intellectual property law.
- Identify and critically analyse the relevant legislation and case law governing design law, performers' rights and related rights.
Written essay of 3500 words requiring students to answer questions. Multiple essay titles will be set up and students will be required to write an essay on one of the titles.
Written essay of 2,500 words requiring students to give case analysis.