Dr Mark Hyland

Name
Dr Mark Hyland
Position
Lecturer in Law
Email
m.hyland@bangor.ac.uk
Phone
01248 38 2585
Location
Room 201, Top Floor, Athrolys

Profile

Dr Mark Hyland was awarded his PhD by Newcastle University in 2014 for a thesis that critically evaluates the application of the tort Private International Law rules to the Internet, using online copyright infringement as a case study. Besides his PhD, Mark also holds a BCL and Diploma in European Law from University College Dublin and a Master’s Degree (cum laude) in EU Law from the Katholieke Universiteit Leuven.

Mark is an Irish-qualified solicitor, having trained with the Dublin law firm, WhitneyMoore. As part of his solicitor’s training, Mark did a period of in-service training (a ‘stage’) in the European Commission, Brussels (Directorate-General for Competition). Before joining Bangor Law School in 2010, he taught Copyright & Associated Rights and, Commercial Law in University College Dublin, followed by a period at the Institute of Technology, Carlow, where he taught Contract Law, The Irish Legal System and, Family Law. While working as a lecturer in University College Dublin, Mark also supervised LL.M. dissertations in the field of Intellectual Property Law.

Dr Hyland’s professional experience comprises work in academia and in private practice. His private practice experience covers EU Competition Law (Brussels), Commercial Litigation (Dublin) and Banking Law/Financial Services Law (Dublin). His banking/financial services experience was obtained while working in one of Ireland’s largest law firms, - Matheson.

In the Law School, Dr Hyland is programme director for both the LL.M. in Law and Banking and the LL.M. in International Intellectual Property Law. He is a member of the PhD Committee, Employability Committee and Staff/Student Consultative Committee. He is also the Law School’s Erasmus coordinator and has been joint director of the Bangor Centre for International Law (BCIL) since August, 2014 (having previously served as the Centre’s joint deputy director).

In September 2015, Dr Hyland was appointed assistant internal examiner for EU Law (Final Examination – First Part (FE-1)) by the Law Society of Ireland.

Dr Hyland is Bangor Law School’s liaison with the Law Faculty of Université Toulouse 1 Capitole and, in particular, that faculty’s European Law School (ELS). In 2015, he taught EU Intellectual Property Law at Master’s level on the ELS’ Comparative and European Private International Law Master’s Programme and returns to the ELS in winter 2016 to lecture in both EU Intellectual Property Law and, Private International Law.

Current Teaching

Undergraduate level

  • Intellectual Property Law

Postgraduate level

  • Intellectual Property Law (module coordinator)
  • International Banking Law (module coordinator)
  • Competition Law (module coordinator)

Research Interests

Dr Hyland’s main research interests are in the area of Intellectual Property Law, principally, Copyright Law. 

Currently, he has a particular interest in the following issues:

  • Website blocking injunctions as a potential remedy for IP rightholders.
  • Ongoing reforms to the UK copyright regime and proposed reforms to the Irish copyright regime.
  • Threats posed to copyright in the digital age and attempts (both legislative and technological in nature) to thwart such threats.
  • The complex interface between Intellectual Property Law and Competition Law.
  • The application of the tort Private International Law rules to the internet (primarily in the context of IP infringements).

Selected Publications

Books

Editor and contributor to “Technology and IP Law” (Law Society of Ireland/Bloomsbury Professional). Published August 2008. Dr Hyland wrote the chapter on Copyright Law.

Journal articles

“New Framework for Transatlantic Data Flows – the EU/U.S. Privacy Shield”, Law Society Gazette (Ireland), Eurlegal Briefing, April 2016, at p 63

“When is a Safe Harbour not a Safe Harbour? When the CJEU says so! (Part II)”, Law Society Gazette (Ireland), Eurlegal Briefing, January/February 2016, at pp 60-62   (this is an analysis of the CJEU judgment in Case C-362/14, Maximillian Schrems v Data Protection Commissioner) 

“When is a Safe Harbour not a Safe Harbour? When the CJEU says so! (Part I)”, Law Society Gazette (Ireland), Eurlegal Briefing, December 2015, at pp 54/55  (this is an analysis of the CJEU judgment in Case C-362/14, Maximillian Schrems v Data Protection Commissioner) 

"At a Crossroads : Irish Copyright”, (2015) 37 E.I.P.R. 773 – 781 

“A Digital Single Market for Europe” Law Society Gazette (Ireland), Eurlegal Briefing, November 2015, at pp 54 -57

"Data Retention Directive Declared Invalid by CJEU" Law Society Gazette (Ireland), Eurlegal Briefing section, August/September 2014, at pp 56/57 (a case analysis of joined cases C293/12 and C594/12, Digital Rights Ireland and Seitlinger and Others)

"Copyright, Technology and Proportionality" (Case comment on Case C-355/12, Nintendo v PC Box Srl), Law Society Gazette (Ireland), Eurlegal Briefing section, January/February 2014, pp 58-60

"The seductive interface between adult entertainment and Norwich Pharmacal relief" (Case comment on Golden Eye (International) Ltd v Telefonica UK Ltd [2012] EWHC 723 (Ch) and [2012] EWCA Civ 1740), Communications Law, Vol 18, No 2 (2013), pp 56-59  [download]

"TV Broadcasters’ IP rights bolstered by recent CJEU preliminary ruling", (Case comment on case C-607/11, ITV Broadcasting and others v TVCatchup Ltd), Law Society Gazette (Ireland), Eurlegal Briefing section, July 2013, pp 58 and 59 [click here]

"The Football Association Premier League ruling - the Bosman of exclusive broadcasting rights?" Communications Law, Volume 17, Issue 1, 2012 (pp. 7-13)

"Judicial Pragmatism Prevails in Sharman Ruling" (an analysis of the ruling in Universal Music Australia Ltd v. Sharman License Holdings Ltd, handed down by Australia’s Federal Court in September, 2005), Computer and Telecommunications Law Review, Volume 12, Issue 4, 2006 (pp 98-108)

"The Ever Expanding Nature of Copyright Liability Down Under" (analysis of the Com-Cen ruling, handed down by Australia’s Federal Court in July, 2005) Communications Law, Volume 10, Issue 5, 2005 (pp 157-163)  

"Following the Recent U.S. Supreme Court Ruling in MGM v. Grokster, has the Copyright Pendulum Swung Back to Copyright Holders?" Computer and Telecommunications Law Review, Volume 11, Issue 8, 2005

"Private International Law, - Redundant or Recyclable in the Digital Age?",  appears as a chapter in ‘A Decade of Research @ the Crossroads of Law and ICT’, a Larcier publication, December 2000 (pp 127-143) .