The course divides into two parts - one dealing with copyright and related rights, the other with the other IP rights (often known as "industrial property rights").

The copyright part of the course looks at copyright, moral rights (the right of authors to be acknowledged as such and to object to derogatory treatment of their works) and the rights of performers in their performances (actors, musicians and so on).  Although of great significance to the media and entertainment industries, these rights are important in many other areas of business and commerce (such as the IT and communications industry) as well as being of great significance to private individuals.  The enforcement of rights in the case of works in digital form and use or misuse of such works via the internet are addressed, though the considerable associated jurisdictional issues are not.  Similarly, related topics that do not concern copyright itself (such as the regulation of the media and communications industries and the detailed contract and other legal issues that arise in them) are not part of the course.

The industrial property part of the course addresses trade secrets, patents (which protect new and inventive technological developments), designs law (how the law protects non-technological aspects of the design of products such as their appearance) and the law of trade marks and passing-off.  Related areas of law that are not part of the course include semiconductor topographies, the protection of plant varieties, defamation in a trade context and the law of trade descriptions. 

The subject-matter of cases involving patents and the protection of computer programs and databases can be technically complex.  Efforts are made to approach the subject in a way that is accessible to the non-technically minded, but a certain level of technical understanding is needed to get to grips with issues such as the protection of programs and the issues surrounding biotechnological inventions.  Explanations are given where this is the case.

1     When presented with a set of facts and a problem or question regarding those facts to:

1.1  identify the relevant copyright/performance right or industrial property right(s) in issue;

1.2  state the relevant legal rules and principles of legal doctrine;

1.3  cite the statutory and/or case law authority to support the statement;

1.4  identify any relevant practical considerations and comment on their application to the facts being considered;

1.5  explain how the law applies to the facts being considered; and

1.6  reach a reasoned conclusion as to the solution to the problem or answer to the question.

2     When presented with a proposition regarding a copyright/performance right or industrial property right to:

2.1  identify the legal and doctrinal issues which relate to the proposition and state the relevant statutory and/or case-law authorities

2.2  identify any practical considerations which may be relevant to the proposition and integrate those considerations into the arguments being advanced

2.3  present arguments both for and against the proposition and evaluate their relative strengths and weaknesses, with reference to academic writing on the topic where relevant.

2.4  reached a reasoned conclusion based on those arguments

2.5  critically evaluate the merit of the conclusion reached and consider any relevant proposals for reform

2.6  comment critically on the law and on any proposals for reform

2.7  where appropriate, to include a discussion of the law in the context of its EU law and international treaty context and a comparison with the laws of important overseas jurisdictions

2.8  where appropriate, to refer to the economic, commercial and social context in which the law operates

A mixture of lectures and tutorials 

Students will practice:

1     research within traditional legal research tools;

2     using the internet to research UK government and EU policy documents and comment and opinion from important industry players and pressure groups;

3     identifying the standpoints (theoretical, economic, commercial, political) from which academic writing and other commentary speaks to aid in reconciling conflicting views;

4     searching the public registers of intellectual property rights;

5     identifying and analysing IP issues that arise in the world around us;

6     applying basic economic theory to issues of IP policy (whilst recognising that economic theory is not the only driver of policy in this area);

7     working in a team to conduct research and prepare arguments;

8     presenting an argument orally to a small group of classmates;

9     dealing with documents that may contain sections of difficult and unfamiliar technical subject-matter as well as content that is familiar, so as to extract the key non-technical points and isolate the technical issues upon with they rely;

10   identifying the commercial context in which problems arise and how that impacts on the viable solutions.

Students are assessed by submitting one essay of 2,000 words and sitting a 2.5 hour examination.

Essay subjects require identification and discussion of legal rules as well as policy and doctrinal issues in relation to the course subject-matter.  Examination questions include problem and essay types.

Development and history of intellectual property law and the rationale for intellectual property protection.

Sources of copyright law - the Copyright, Designs and Patents Act 1988 and the influence of the various copyright related EU Directives, the Berne Convention, WIPO Copyright Convention, Rome Convention and WIPO Performances and phonograms Treaty and TRIPs agreement.

The principles of copyright - what is a copyright protected work - classes of copyright work (authorial works, sound recordings, broadcasts, the first fixations of films and typographical editions of published works) - the requirement for originality in the case of authorial works

Ownership of copyright works and the duration of protection - treatment of foreign works in the UK - qualification rules.

Infringement - primary and secondary infringement - defences - permitted acts – e.g. reporting of current events, educational copying etc. and the broader issues of freedom of expression and privacy under the European Convention on Human Rights and the Human Rights Act

A brief introduction to how copyright is exploited and to the entertainment industry.

Moral rights - right of paternity, right of integrity, protection against false attribution and privacy in domestic films and photographs and their relationship to the rights in Article 6bis Berne Convention.

Performance rights - protection of the rights of performers such as actors, musicians etc - what constitutes a qualifying performance - rights - dealing with performance rights - infringement - defences and remedies.

The following areas of industrial property protection:

• Trade Secrets Law - the common law and equitable action for breach of confidence - when will an obligation of confidentiality arise - breach of that obligation - remedies for infringement - defences - problem of bona fide acquirer of confidential information - restrictive covenants in employment contracts - rules on restraint of trade - balancing of interests of employer and employee.  The "privacy" branch of the law is not part of the module.
• Industrial design - use of copyright to prevent the making of things - the  registered design regime (including the EU unregistered right) and design right  - ownership and dealing with design rights - rights and remedies against infringers.
• Patents - requirements for a valid patent - patentable and non-patentable inventions - novelty, inventive step and industrial applicability - an overview only of application procedure and the Patent Co-operation Treaty - priority and the Paris Convention - the internal validity of a patent - the importance of the description and claims. Ownership and dealing with patents - rights and remedies against infringers - defences to a patent infringement claim.  Role of the European Patent Office and the future of the European patent system.
• Trade Marks and Passing off - common law action to protect unregistered marks and product get-up or advertising messages - scope of the tort.  Trade marks - what constitutes a registrable trade mark - registration procedure - absolute and relative grounds of objection - rights against infringers - inter-relationship between national and EU trade marks - the significance of the EU Trade Mark Directive and Regulation.

An overview of the remedies available for intellectual property infringement.

One of the following:

Bently and Sherman, Intellectual Property Law, 4^th edition (Oxford University Press 2014)

or

Aplin and Davis, Intellectual Property Law: Text, Cases and Materials, 3^rd edition (Oxford University Press 2017)

or

Helen Norman, Intellectual Property Directions, 2^nd edition (Oxford University Press 2014)

And:

Selected sections from Christie and Gare, Blackstone's Statutes on Intellectual Property, 13^th edition (Oxford University Press 2016)

Charlotte Waelde et al, Contemporary Intellectual Property: Law and Policy, 4^th edition (Oxford University Press 2016)

Holyoak & Torremans, Intellectual Property Law, 8^th edition (Oxford University Press 2016)

Other resources:

Reading from selected articles in academic journals will also be set.  The main sources of academic articles in this area are the European Intellectual Property Review (EIPR), the Intellectual Property Quarterly (IPQ), the Journal of Intellectual Property law and Practice (JIPLP), the International Review of Intellectual Property and Competition Law (IIC) and the Queen Mary Journal of Intellectual Property (QMJIP)

Important information is also available from the websites of intellectual property offices and international institutions:

            The UK Intellectual Property Office - www.ipo.gov.uk

            The EU Intellectual Property Office - www.euipo.eu

            The World Intellectual Property Organisation - www.wipo.int