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Patents and Trademark Law

Module description

This module explores two key areas of intellectual property law: Patents and Trademark Law. You will learn about the history, justifications and underpinning theories for both areas of IP law, and learn how the law has developed in international, EU and UK frameworks. You will also cover the practical aspects of registering a patent / trade mark with the UK Intellectual Property Office (IPO), explore how patents and trademarks applies to specific situations and the challenges with enforcing and protecting IP rights in the digital age.

Module aims - intentions of the module

This module aims to examine the legal rules and principles involved in patents and trademarks which are both popular areas of research and practice for intellectual property lawyers and policy makers alike. In addition to analysing the substantive legislation in these areas (namely, the Patents Act 1977 and the Trade Marks Act 1994), the module will consider the underlying rationale of the law by delving into the history of both, key cases and developments in the legislative frameworks (especially after the UK’s withdrawal from the European Union), and future challenges and trends in both areas of law. There is a rich body of scholarship and research available to students to enrich their learning of key cases and legislation, and by drawing on both legal and non-legal materials the module will offer a holistic exploration of the complex social, economic and political contexts in which these two key areas of intellectual property law operate. This module will be particularly useful for students who wish to go into legal or other professional practice areas where an understanding of innovation, creativity and sustainability is advantageous.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. critically evaluate and analyse the rules and underlying rationale of aspects of patent and trademark law
• 2. understand some of the challenges facing aspects of patent and trademark law

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 3. integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques;
• 4. define complex legal problems, identify their relative significance, and select appropriate methods for investigating and critically evaluating them;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 5. select, prioritise, analyse and organise your research to a strict deadline, in order to construct original argument;
• 6. plan and undertake tasks, with minimum guidance, and reflect critically on the learning process and complete specified tasks.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• Theories, justifications and key concepts of patent and trade mark law;
• Requirements for registering a patent or trade mark in the UK with the Intellectual Property Office;
• Exclusions and exceptions on competitiveness, morality, public policy and other grounds; and
• Contemporary issues with protecting patents and trade marks in the digital age, especially with the advent of social media and generative AI.

In patents, we will explore concepts around inventorship, novelty, the ‘inventive step’ and industrial applicability, whereas in trade marks, we examine key cases that clarify what can and cannot be registered as a trade mark to prevent unfair monopolies, whilst also delving into the consumer psychology around trade marks and how they are used by brands to communicate much more than that which is conveyed by the ‘sign’.

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• Abbe Brown, Smita Kheria, Jane Cornwell and Marta Iljadica, Contemporary Intellectual Property: Law and Policy (5^th edn, OUP 2019)
• Lionel Bently, Brad Sherman, Dev Gangjee and Philip Johnson, Intellectual Property Law (5th edn, OUP 2018)

IP Journals:

• European Intellectual Property Law Review (EIPR)
• International Review of Intellectual Property and Competition Law (IIC)
• Intellectual Property Quarterly (IPQ)
• Journal of Intellectual Property Law and Practice (JIPLP)

Key words search

Patents, Trademarks, Intellectual Property