Module Identifier LA32510  
Module Title INTELLECTUAL PROPERTY LAW  
Academic Year 2004/2005  
Co-ordinator Mrs Ruth D Atkins  
Semester Semester 1  
Pre-Requisite LA10110 or LA30110 or LA15710  
Co-Requisite LA15830 or LA35830  
Course delivery Lecture   20 Hours Two one hour lectures per week  
  Seminars / Tutorials   4 Hours Seminar. Four one hour seminars during the semester  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Assessment Essay: one assessed essay of 4000 words required by Week 12  100%
Supplementary Assessment By retaking the failed element   
Professional Exemptions Not Required for Professional Purposes  

Learning outcomes

On successful completion of this module students should be able to:
Students will acquire a knowledge of the statutory provisions and case law relating to copyright, patents and trade marks and understand the policy issues behind any decision to protect intellectual property or consign it to the public domain. Students will also be able to describe and and evaluate the conflicting interests of the creators, the rights owners and the users of intellectual property.

Intellectual skills

Seminars and assessment methods focus on the skills of problem solving and policy evaluation, plus the assessment and interpretation of source material and its practical application.
Much of the information is available only electronically. Study of this module will enhance students Information Technology skills particularly in terms of the use of electronic databases and the Internet.

Brief description

Intellectual property law looks at the legal protection of new ideas and new products. It is an area where law is constantly responding to technological change.

Intellectual property is used by us all. Coca Cola Co. has a trade secret in its formula for Coke and a multi-billion pound trade mark. They pay 148,000 pounds per day to the inventor of the ring pull on drinks cans for the use of his patent. Bambi and Snow White were released on video so that Walt Disney Co. could maximise revenue from the copyright in the film before it expired. Students generate copyrights in all their written work and make constant use of the copyrights of others in books, journals, software, databases and the internet.

The aim of this course is to study the legal framework of patents, copyrights, designs and trade marks; their exploitation in the market place; and the extent to which their use is restrained because of factors such the free flow of information and competition policies. It is hoped that it will also increase awareness of the economic importance of cultural property and technological advances.

Aims

Educational aims of the module

Lectures, seminars and the assessment method for this module focuses on
the key skills of statutory interpretation and problem solving,
ensuring that students recognise and understand the policies underpinning the law at the national, European and international levels,
the importance of Intellectual Property protection to industries such as sound recording, film, television, publishing and software engineering, and
the public interest in the free flow of information in the digital age.

Content

Copyright
International and European framework and initiative
National legislation: Copyright, Designs and Patents Act 1988
Categories of Works
Criteria for Protection
Authorship
Duration of Copyright
Rights of the Copyright Owner
Exploitation of Rights
Infringement and Defences

Trade Marks
Unregistered trade marks
Common law action of Passing Off
Registered trade marks
International and Community registration
Requirements for registration
Rights conferred and scope of protection
Infringement of trade marks

Designs
Registered design system
Requirements for registration
Community protection
Unregistered design right   

Patents
Novelty
Inventive step
Industrial application
European initiatives
Patentability of computer software

Reading Lists

Books
** Recommended Text
Philips (1999) Intellectual Property Law Handbook 4th. Butterworths
** Recommended Consultation
Garnett, Rayner James & Davies (1999) Copinger & Skone James on Copyright (Vol 1 & 2) 14th.
Reid (1999) A Practical Guide to Patent Law 3rd.
Cornish (2003) Cases & Materials on Intellectual Property 4th.
Pickering (1998) Trade Marks in Theory & Practice
Christie and Gare (2003) Blackstone's Statutes on Intellectual Property 6th.
Laddie, Prescott & Vittoria (2003) Modern Law of Copyright & Designs (Vol 1,2 & 3) 3rd.
Cornish & Llewelyn (2003) Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights 5th.

Journals
European Intellectual Property Review
International Review of Industrial Property and Copyright Law

Law Reports
Fleet Street Reports
Reports of Patent, Design and Trademark Cases

Web Page/Sites
** Recommended Consultation
There is a wealth of information available via the Internet and a list of useful websites will be issued at the start of the module.

Notes

This module is at CQFW Level 6