Copyright and Trade Mark Law
Module title | Copyright and Trade Mark Law |
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Module code | LAWM139 |
Academic year | 2020/1 |
Credits | 30 |
Module staff | Dr Karen Walsh (Lecturer) Dr James Griffin (Convenor) |
Duration: Term | 1 | 2 | 3 |
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Duration: Weeks | 11 |
Module description
In this module, you will examine the legal rules and principles involved in Copyright Law and Trade Mark Law. In addition to analysing these substantive laws, you will also consider the theoretical rationale behind them, as well as contemporary issues. For example, the rise of peer to peer file sharing in copyright law, and the impact of plain packaging in trade mark law. By drawing on a number of legal and non-legal materials you will explore the complex social, economic and political context in which the copyright and trade mark regulatory systems operate. The module requires a sound understanding of the principles of the legal system. There are no specific pre-requisite modules that need to be undertaken.
Module aims - intentions of the module
The aim of the module is to provide you with an understanding of the development of copyright and trade mark law, and how this explains the operation the law today. We will assess current case law and statutes through a critical lens in terms of the alleged purposes of copyright and trade mark law. The course is designed so as to make you think critically about the function of copyright and trade mark law within society, so that you can understand the broader cultural complexities involved.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a deep and systematic knowledge and understanding of the law relating to copyright and trade marks and a range of major concepts, values and principles relevant to their application;
- 2. Undertake complex critical evaluation, compare, analyse and synthesise innovatively the principles, rules and theories relating to the scope of protection of copyrights and trade mark rights using specialist literature and current research;
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts, values, principles, institutions and procedures, and the capacity to evaluate systematically the relationships among them as well as their limits;
- 4. Apply detailed and comprehensive legal knowledge and understanding to a problem/issue and to argue alternative approaches/ to propose solutions innovatively;
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Demonstrate effective and accurate written communication skills, relying on a broad range of library-based and electronic resources, engage in debate effectively and confidently, develop complex arguments and opinions, all with limited guidance;
- 6. Work independently and effectively and to manage time efficiently in preparing for scheduled learning activities, exercises and assessments.
Syllabus plan
Whilst the module’s precise content may vary from year to year to reflect current developments in the area it is envisaged that it will cover the following topics:
- Copyright Introduction
- Copyright Subsistence
- Copyright Infringement & Defences
- Digital Copyright
- Moral Rights
- Consolidation Week
- Trade mark Introduction
- Trade mark Registration & Absolute Grounds for Refusal
- Trade mark Registration & Relative Grounds for Refusal
- Trade mark Infringement & Defences
- Contemporary Issues in Trade mark Law
Learning activities and teaching methods (given in hours of study time)
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
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33 | 267 | 0 |
Details of learning activities and teaching methods
Category | Hours of study time | Description |
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Scheduled Learning and Teaching Activities | 33 | 11x3 hour seminars |
Guided independent study | 267 | Guided independent study - this includes, for example, set reading for classes, preparation for student presentations, and revision for examinations. |
Formative assessment
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Written formative assessment to be submitted by Week 7 of the course | 2000 words | 1-6 | Use of feedback forms and where necessary oral discussion with the student. |
Summative assessment (% of credit)
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
Details of summative assessment
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay | 100 | 7,500 words | 1-6 | Formal written feedback and an opportunity, where necessary, for oral feedback and guidance from the lecturer. |
Details of re-assessment (where required by referral or deferral)
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Essay | Essay (7,500 words) | 1-6 | August/September reassessment period |
Re-assessment notes
Marks for re-assessments following an earlier failed attempt will, in the absence of special circumstances, be capped at 50%.
Indicative learning resources - Basic reading
- Lionel Bently, Brad Sherman, Dev Gangjee and Philip Johnson, Intellectual Property Law (5th edn, OUP 2018)
- Abbe Brown, Smita Kheria, Jane Cornwell and Marta Iljadica, Contemporary Intellectual Property: Law and Policy (5th edn, OUP 2019)
Indicative learning resources - Web based and electronic resources
- European Intellectual Property Law Review (EIPR)
- Intellectual Property Quarterly (IPQ)
- Journal of Intellectual Property Law and Practice (JIPLP)
Credit value | 30 |
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Module ECTS | 15 |
Module pre-requisites | None |
Module co-requisites | None |
NQF level (module) | 7 |
Available as distance learning? | No |
Origin date | 23/07/2020 |
Last revision date | 23/07/2020 |