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Intellectual Property

Module description

You will learn about the ways in which the intellectual property system has developed, and why it operates as it does. In so doing, you will develop skills that will enable you to think about the system in an analytical manner. You will also cover the practical aspects, such as registration procedures where appropriate.

The IP module will also enable you to critically analyse the legal and policy framework for intellectual property law and to consider the efficaciousness of the regulatory system, for instance, considering whether the intellectual property system achieves its purported aims. 

The module will facilitate lively debate concerning potential proposals for legal reform, particularly in relation to the tests of copyright infringement, the consideration of secondary liability, and the application of the law to new areas such as, for example, 3D printing.

The module will encourage you to pursue further study of the area, by looking at the application of the law to novel situations, and (subject to availability) by the involvement of practitioners during the module.

The module will appeal to students who wish to enter into IP practice, either as a lawyer or as an examiner. It will also be of interest to students interested in the regulation of culture.

There are no module prerequisites, though some knowledge of IT for copyright, and science for patents, would be useful but is not necessary.

Please note, students must also be on one of the following programmes:

• INBOUND Semester 1
• INBOUND Semester 2
• One Semester Flexible Combined Honours
• OAS Law (Dresden)
• One Semester Law

Module aims - intentions of the module

This module aims to examine the legal rules and principles involved in UK copyright law. In addition to analysing the substantive patent and trade mark laws, in this module you will consider the underlying rationale of the law. By drawing on a number of legal and non-legal materials the module will explore the complex social, economic and political context in which the law operates.

The module aims to encourage you to critically analyse the operation of the law. Registration and similar procedures can encourage a descriptive approach, so this module will ensure that you will be able to place the systems within context. For instance, the development of copyright law is considered in depth so as to make you aware of the landscape of protection, so that the system can be analysed appropriately.

The module therefore aims to encourage you to think critically and analyse the broader policy framework underlying IP laws, to consider whether the system meets its purported aims, to become involved in debate concerning the possible proposals for reform, and consider the means by which the current rules may be applied to new technologies. 

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 intellectual property law
• 2. Recall and critically consider the different influences upon intellectual works
• 3. Understand some of the challenges facing aspects of IP law

ILO: Discipline-specific skills

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

• 4. Integrate and assess information from primary and secondary legal sources using appropriate interpretative techniques;
• 5. Critically analyse the substance & rationale of IP law
• 6. Identify and analyse problems arising from the manner in which IP law is currently implemented

ILO: Personal and key skills

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

• 7. Select, prioritise, analyse and organise your research to a strict deadline, in order to construct original argument
• 8. Plan and undertake tasks, individually and with others, with minimum guidance, to reflect critically on the learning process and make use of feedback
• 9. Be an active learner, and to have an appropriate conception of how to apply what you have learnt in practice

Syllabus plan

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

• Introduction to the principles of Intellectual Property Law - Outline & Theory  
• Remedies  
• Copyright Introduction  
• Copyright Subsistence  
• Copyright Infringement 
• Copyright Defences  
• Digital Copyright  
• Moral Rights  
• Confidence Law
• Performance Rights 
• Copyright Reform  

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

• Bainbridge, Intellectual Property Law, 9th edition (Longman, 2012).
• Bently, L. and Sherman, B., Intellectual Property Law (Oxford: Oxford University Press, 2014).
• Copinger and Skone-James, Copinger & Skone-James on Copyright, 17th edition (2016) available on Westlaw
• Cornish, Llewelyn & Aplin, Intellectual Property 7th edition (Sweet and Maxwell, 2010)
• Holyoak & Torremans, Intellectual Property Law, 5th edition, (OUP, 2008)
• Waelde, Brown and Laurie, Contemporary Intellectual Property Law, 3 ^rd edition, (OUP, 2013)

Key words search

Copyright