Copyright and Trade Mark Law

Module title	Copyright and Trade Mark Law
Module code	LAWM139
Academic year	2021/2
Credits	30
Module staff	Dr James Griffin (Convenor) Dr Karen Walsh (Convenor)

Duration: Term	1	2	3
Duration: Weeks	11

Number students taking module (anticipated)	18

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 of 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 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, comparing, analysing and synthesising 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 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 resources, engage in debate effectively and confidently, and develop complex arguments and opinions, all with limited guidance;
6. work independently and effectively, and manage time efficiently in preparing for scheduled learning activities and assessments.

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:

Copyright Subsistence
Copyright Infringement & Defences
Digital Copyright
Moral Rights
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
33	267	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching activities	33	11 x 3 hour seminars
Guided independent study	167	Individual reading and lecture preparation (ELE study), further independent research, reading and wider contextual study
Guided independent study	50	Seminar preparation
Guided independent study	50	Formative and summative assessment preparation

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	2,500 words	1-6	Written feedback and, where necessary, oral feedback/guidance.

Summative assessment (% of credit)

Coursework	Written exams	Practical exams
100	0	0

Details of summative assessment

Form of assessment	% of credit	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Essay	100	5,000 words	1-6	Written feedback and an opportunity, where necessary, for oral feedback/guidance.
	0
	0
	0
	0
	0
	0

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
Essay	Essay (5,000 words)	1-6	August/September re-assessment 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

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)

Indicative learning resources - Web based and electronic resources

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

Credit value	30
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	12/05/2021