Module Identifier
LAM6610
Module Title
INTELLECTUAL PROPERTY RIGHTS IN COMPUTER SOFTWARE AND RELATED PRODUCTS
Academic Year
2008/2009
Co-ordinator
Professor Diane Rowland
Semester
Semester 3 (Dissertation)
Other Staff
 

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment One assignment of 5,000 words  Learning Outcome 1,2,3,4,5,6,7  100%
Supplementary Assessment One assignment of 5,000 words 

Learning Outcomes

On successful completion of this module students should be able to:

1. Explain the nature of the legal challenges posed by the application of existing legal regimes for the protection of intellectual property rights to computer software and related products.
2. Explain the development of legal regimes protecting intellectual property rights in software and related products such as databases.
3. Demonstrate an understanding of the differences between literal and non-literal copying and the way in which these concepts have affected the interpretation and application of the law in the UK and US.
4. Assess the differences between literal works and computer software and their impact on the application of the relevant rules in different jurisdictions.
5. Explain in which situations patent protection for computer software might be granted.
6. Explain the nature of the intellectual property rights in databases.
7. Critically evaluate and compare the use of copyright, patents and sui generis schemes for the protection of intellectual property rights in computer software and related products.

Brief description

Rationale:
The module will enable students to study the intellectual property rights in computer software. This will increase the availability and opportunity for studying this subject especially for a range of potential students already in employment in relevant areas of business and the regulatory sector. The module deals with an important aspect of IT law which has significance beyond that specialist sector.

Brief Description:
This module will consider the way in which traditional legal regimes for the protection of intellectual property rights, notably copyright and patents, have been applied to computer software and related products such as computer databases. It will assess the novel problems which advances in this technology have posed for the courts and legislatures in a number of jurisdictions but with a particular focus on the UK, EU and US. The efficacy of these existing methods will be evaluated and compared with the perceived benefits of sui generis protection.

Content

1. Introduction to the necessary legal and technical concepts including a consideration of the nature of computer software and computer programming. A comparison of computer software, literary works and utilitarian products. The advantages and disadvantages of the use of copyright and patent law for the protection of intellectual property rights in computer software and a comparison with sui generis schemes.
2. Approaches to literal and non-literal copying as demonstrated by comparing the copyright protection for computer software in the US and the UK.
3. Issues of decompilation and interoperability and how they have been approached in the Software Directive, the courts and the US Digital Millennium Copyright Act.
4. Patent protection for computer software under the European Patent Convention and the law of the UK and US.
5. A consideration of a sui generis method of protection of intellectual property rights - the Database directive and its implementation in a number of EU states and a comparison with the database protection in the US.

Module Skills

Skills Type Skills details
Application of Number N/A
Communication Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools.
Improving own Learning and Performance Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area
Information Technology The module is delivered almost entirely by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching.
Personal Development and Career planning Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently.
Problem solving By the examination and discussion of actual and hypothetical case studies
Research skills Students will be encouraged to read and study beyond the set module texts and to locate further materials and research findings on the subject
Subject Specific Skills This module provides students with the opportunity to identify, analyse, evaluate and practice a series of skills with respect to Intellectual Property Rights.
Team work Team working skills will be encouraged and developed in group activities and discussions at the residential study schools.

Notes

This module is at CQFW Level 7