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Postgraduate Module Descriptors 2012/13

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LIB406: Intellectual Property Law

Module Title	Intellectual Property Law
Module Code	LIB406
Module Tutor	Gillian Ford
School	Accounting and Law
CAT Points	30
Level of Study	7
Pre-requisites	None
Co-requisites	None
Restrictions	None
Brief Description	The aim of this module is to provide an appreciation of the laws governing the existence and exploitation of intellectual property rights. It will examine the development of domestic, European and international law governing such rights as patents, the law of breach of confidence, copyright, designs, trade marks and passing off. The course will provide an academic approach to the current law governing the existence of intellectual property rights as well as a practical examination of the different ways in which those rights can be exploited, both by corporate entities and by individuals. The course will also consider the challenges which modern technology is posing to the traditional intellectual property rights and look at how the law is adapting to meet those challenges. The course will focus on national law, but will also involve consideration of external influences from international agreements relating to intellectual property, such as the Paris Convention, the Berne Convention, the TRIPS Agreement and the WIPO Treaties, the principles arising from those agreements and the organisations established to administer them.
Indicative Syllabus	The main strands are : 1. Introductory themes – the subject matter and taxonomy of intellectual property, the rationale and justification for the protection of intellectual property rights and the sources, both domestic and international, of intellectual property law. 2. Analysis of individual rights – detailed examination of individual intellectual property rights, including, in each case, a historical overview, consideration of the nature of the right, conditions for its subsistence, issues relating to ownership and exploitation, methods of enforcement, including possible defences and remedies; a comparison, in each case, of the domestic law and any relevant international rights, with particular regard to Community rights, including consideration of existing harmonisation legislation and legislative proposals. 3. Protection for Industrial Property ––domestic and international (particularly European) protection of patents, necessary procedural requirements, conditions of patentability, issues of ownership and exploitation, requirements for infringement and defences; the law relating to breach of confidence, including its background in common law and the development of the law in the light of the Human Rights Act 1998; 4. Protection for form and appearance – copyright, including the underlying principles of copyright protection, analysis of the scope of protection afforded by copyright to ‘copyright works’, examination of the nature of copyright and exploitation of copyright works, including collective licensing; moral rights and performance rights; database rights; the protection of designs under both domestic and Community law, including registered designs and unregistered design right. 5. Protection of business reputation and goodwill – registered trade mark protection, including UK trade mark protection and the Community trade mark, necessary procedural requirements and conditions of registration, grounds for refusal of registration, trade mark infringement and challenges to registered trade marks, exploitation of trade marks; protection of domain names; common law action for passing off and a critical analysis of the existence of and justification for the recognition of a personality right. 6. Pervasive issues – examination of issues which pervade the existence and exploitation of intellectual property, including the relationship between intellectual property law and competition law, both domestic and European; wider issues on the European and international agenda; challenges posed to traditional protection of intellectual property from new technologies.
Learning Outcomes	On completion, you should be able to demonstrate these learning outcomes: Knowledge and understanding of: 1. the fundamental doctrines and principles of Intellectual Property law and its social, economic and political context; 2. the crucial contemporary issues and / or new insights into Intellectual Property Law; 3. the major values and principles of the systems in place for the protection of Intellectual Property Law; 4. the comparative context of domestic, European and international Intellectual Property law. Intellectual/ thinking skills – able to: 1. analyse, interpret and critically evaluate complex legal issues systematically and creatively; 2. make sound judgments of the evidence, whether fully present or in the absence of complete data, whether in concurrence or competing, to arrive at logical conclusions; 3. evaluate methodologies and develop critiques of them, and where appropriate, to propose new hypotheses; 4. continue to advance your knowledge and understanding of Intellectual Property Law. Subject specific /Practical and professional skills – able to: 1. comprehensively understand the techniques applicable to your own research and to advanced scholarship to create and interpret knowledge in the relevant areas; 2. apply legal knowledge learnt with originality; 3. demonstrate self-direction and originality in tackling and solving problems, and act autonomously in planning and implementing tasks at a professional or equivalent level; 4. communicate your conclusions clearly to both specialist and non-specialist audiences; 5. continue to develop skills to a higher level. Transferable/key skills – able to: 1. exercise initiative and personal responsibility; 2. make decisions and provide solutions in complex and unpredictable situations; 3. learn independently; 4. read complex materials; 5. communicate; 6. make effective use of numerical and statistical information, as the basis of an argument; 7. work with information technology; 8. work with others.
Learning and Teaching Activities	Total Learning Hours = 300 Staff/Student Contact Time = 12% Student Independent Study Time = 88%
Assessment (For further details see the Module Guide)	001: 40% Coursework: Standard: 3000 words or equivalent 002: 60% Coursework: Standard: 5000 words or equivalent
Special Assessment Requirements	None
Indicative Resources	The Library Catalogue contains full details of the current reading list for this module. Further details may also be found in the Module Guide.

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