Module Identifier LA32510  
Module Title INTELLECTUAL PROPERTY LAW  
Academic Year 2006/2007  
Co-ordinator Mrs Ruth D Atkins  
Semester Intended for use in future years  
Next year offered N/A  
Next semester offered N/A  
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 Exam1.5 Hours  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:

Demonstrate an understanding of the way in which intellectual property is regulated by the law with particular reference to the policy issues behind any decisions to protect intellectual property or to consign it to the public domain. Students will acquire knowledge of the statutory provisions and case law relating to copyright, designs, patents and trade marks. From this basis students will develop the ability to critically evaluate the often conflicting interests of the creators, the rights owners and the users of intellectual property. In particular students will develop the ability to interpret and apply statutory provision to a range of situations. The module draws extensively on interpreting current legislation and as such enables the students to develop the ability to apply the substantive provisions of the Copyright, Designs and Patents Act to practical situations.   
In order to achieve the learning outcomes, the seminars and assessment method focus on the skills of problem solving and policy evaluation, plus the assessment and interpretation of source material and its practical application. A considerable amount of material relevant to the module is available electronically and therefore study of the module will also 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 and operates in several layers, with rights and protection arising in a number of ways. For example, Coca Cola Co. has a trade secret in its formula for Coke and a multi-billion pound trade mark. They pay a considerable sum per day to the inventor of the ring pull on drinks cans for the use of his patent. Perhaps of less economic significance, but of no less importance in terms of intellectual property protection, 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.

Aims

The aims of this module are for students to develop an understanding of 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.   

Lectures, seminars and the assessment method for this module focus 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. In doing this the module emphasises 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.
Through the study of Intellectual Property law, students will be required to critically analyse and evaluate how effective the law is in securing a balance between the interests of the creators, the rights owners and the users of intellectual property.   

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
** Should Be Purchased
Christie and Gare (2004) Blackstone's Statutes on Intellectual Property 7th. OUP 0199273057
** Recommended Consultation
Bently & Sherman (2004) Intellectual Property Law 2nd. OUP 0199264309
Cornish (2003) Cases & Materials on Intellectual Property 4th. Sweet & Maxwell 0421778008
Cornish & Llewelyn (2003) Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights 5th. Sweet & Maxwell 0421781203
Davis (2003) Intellectual Property Law 2nd. Butterworths 0406963797
Torremans (2005) Holyoak & Torremans Intellectual Property Law 4th. OUP 0040697361
** Consult For Futher Information
Garnett, Rayner James & Davies (1999) Copinger & Skone James on Copyright (Vol 1 & 2) 14th.
Laddie, Prescott & Vittoria (2003) Modern Law of Copyright & Designs (Vol 1,2 & 3) 3rd.
Philips (1999) Intellectual Property Law Handbook 4th. Butterworths
Pickering (1998) Trade Marks in Theory & Practice
Reid (1999) A Practical Guide to Patent Law 3rd.

Journals
** General Text
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