Intellectual Property & Information Law

Teaching staff: Professor David Llewelyn, Mr John Hull
Module code: 7FFLA555
Credit level: 7
Credit value: 20
Teaching pattern: 

Two-hour lecture.

Indicative/suggested reading: Llewelyn, Invisible Gold in Asia: Creating Wealth through Intellectual Property (Marshall Cavendish, 2010), available on Amazon.

Assessment:  written examination/s 
Two-hour exam.

Module description

Today, intellectual property rights (IPR) are potentially valuable assets. You look at ownership, commercialisation and value protection through dispute resolution and the licensing of patents and know-how, trade marks and copyright, as well as hybrid areas such as merchandising. Covered are: introduction to IP law; patents; know-how and trade secrets; plant varieties; copyrights; trademarks; registered and unregistered designs; IP due diligence in M&A transactions; IT/IS; IP valuation and taking security over IP; the internet and IP; antitrust and IP; protecting value.

Teaching staff: Andrea Appella
Module code: TBC
Credit level: 7
Credit value: 20
Assessment:  written examination/s 
Two-hour exam.

Module description

The media industry is fast-moving and undergoing a process of development during the digital age. The objective of this course is to introduce the key features of the media industry and the significant issues arising from the application of competition and IP laws, including the case-law on anti-competitive agreements, abuse of market power and mergers in the industry. In particular, the course will cover:

• The media industry: key features and market definitions;
• Sport rights (joint selling and access to sports content);
• Music: rights-holders, collecting societies and online distribution; industry consolidation; digital rights management;
• Movies: industry features, theatrical distribution, pay TV, video and online distribution; copyright issues in the digital world.
• Broadcasting: Pay-TV; public service broadcasting; the regulatory framework; mergers and alliances; Video on Demand (VOD).
• Publishing, Multi-media and High-Tech: copyright issues raised by digital distribution; mergers.
• Recent policy developments and challenges/opportunities going forward.

 

Teaching staff: Professor John Phillips 
Module code: 7FFLA514
Credit level: 7
Credit value: 20
Semester:  Semester 1 (autumn) 
Teaching pattern: 

Two-hour lecture plus small group classes.

Indicative/suggested reading: Aplin, T and J Davis, Intellectual Property Law: Text, Cases and Materials (OUP, 2009) and Cornish, Llewelyn & Aplin, Intellectual Property: Patents Copyright and Allied Rights (7th ed., Sweet & Maxwell, 2010).

Assessment:  written examination/s 
Two-hour exam.

Module description

This module discusses copyright law and policy and its role in the protection of intellectual property rights in modern society. It analyses the law in relation to a range of subject matter including films, literary, artistic, dramatic and musical works. There is a consideration of key issues including the criteria for protection, ownership, the duration of copyright and the nature of the rights involved. There will also be an emphasis on issues of importance in professional legal practice, in particular, infringement (together with defences) and the remedies available for the enforcement of rights.

The module also analyses the legal regimes available for the protection of designs, especially as they impact on the business and artistic communities, including the acquisition of registered design protection in the United Kingdom and the European Community and the law relating to unregistered design rights.

Teaching staff: Professor Kevin Madders
Module code: TBC
Credit level: 7
Credit value: 20
Assessment:  written examination/s 
Two-hour exam.

Module description

The module aims to map out the area of Electronic Commerce Law conceptually and to explore key features and issues.

It starts by examining the technological and socio-economic underpinnings of the “information society” and the policy and legal challenges it poses. The cornerstone for delivery of the information society – electronic communications networks – is then analysed for their features in regulatory perspective, followed by study of relevant market regulation for such networks and services, standards and other norms right down to user equipment level. Internationally, regionally and nationally administered radio frequencies and “addressing elements” including telephone numbers and internet addresses are then covered in a discussion of “public good” regimes that includes domain name administration and the major question of internet governance. “Internet law” and its features are subjected to specific and critical scrutiny.

Following exploration of these basic themes, which are important for gaining a fundamental grasp of information society law, more specific regimes, policies and issues are considered. These include cybercrime and law enforcement in a globalized information society, information security, and the relationship between ICT innovation and intellectual property (including the role of copyleft/open source), and specific trade rules including for ICT export control. The overall position of the digital citizen to “technostructures”, including geoinformation systems, and the “cyberstate” is finally addressed, with privacy aspects, as noted above, left to be treated in greater depth under the Privacy Law module; on the other hand, aspects like electronic government and the EU’s Digital Agenda programme are considered.

The module includes explanation in lay terms of essential scientific and technical concepts. A glossary is provided, along with a set of online and in-class materials. While it is not a requirement for students to undertake essay or dissertation research work, the fundamental and innovative character of Information Society Law means it is a particularly fertile area for such work. For those students opting to participate, scheduled research seminars supplement the regular lectures; research findings assessed as excellent may be submitted for online publication. Further optional activities include a visit to a major organization active in the ICT area and specific career guidance.

A student who has completed this module should be able to participate with a basic level of confidence in many professional and academic settings involving ICT issues.

Teaching staff: Professor Kevin Madders
Module code: TBC
Credit level: 7
Credit value: 20
Assessment:  written examination/s 
Two-hour exam.

Practical element: investigating different e-business models with the help of concise case studies, following which students will devise an e-business concept as an assessed course project worth 15% of the total grade.

Module description

This module responds to interest shown by students over several years in having a specific offering for this area of tremendous growth and social significance.

In light of the Information Society Law module, there is less concentration on conceptual aspects. This course instead focuses on key practical concerns in an e-business setting from a legal point of view.

Reflecting this, the course’s teaching includes exposition of: the development of e-commerce and its major features; the basic regime for “information society services” in the EU under the E-Commerce Directive; and instruments to conduct e-commerce, such as e-procurement systems, e-signatures and e-money, as well as adaptions of agency such as escrow. Consideration is then given to website requirements, domain name registration, legitimate commercial communication versus spam, and contractual and other methods for e-businesses to mitigate risk and resolve disputes in cases such as “cybersquatting” by especially online means.

A central practical element of the course will be to investigate different e-business models with the help of concise case studies, following which students will devise an e-business concept as an assessed course project worth 15% of the total grade. The selected concept(s) will be developed with the help of in-class review as to how key legal requirements are being addressed and as to how these in turn relate to technical and business requirements.

This practically-oriented course for the internet age will treat such aspects as data protection primarily from a contractual point of view and will have clear synergies with other courses, including Commercial Law. Its prominent problem-solving component will nurture teamwork as part of what is intended also to be a really enjoyable learning experience.

Teaching staff: Professor Tanya Aplin
Module code: 7FFLA025
Credit level: 7
Credit value: 40
Semester:  Full-year 
Teaching pattern: Two-hour lecture.

Indicative/suggested reading: Ricketson and Ginsburg, International Copyright and Neighbouring Rights: The Berne Convention and Beyond 2nd ed. (OUP, 2005).


Assessment:  written examination/s 
Three-hour exam.

Module description

This module is designed to provide an international and comparative study of copyright and authors’ rights. The international Conventions (in particular the Berne Convention and TRIPs) will be examined together with the major features of copyright laws in the leading copyright systems (UK, France and the United States).

The module also has regard to special matters of contemporary interest: for example, moral rights, cable and satellite broadcasting, peer-to-peer file-sharing, software and databases. Although it would be desirable to have a prior knowledge of copyright law, it is not essential.

Teaching staff: Professor David Llewelyn
Module code: 7FFLA026
Credit level: 7
Credit value: 40
Semester:  Full-year 
Teaching pattern: Two-hour weekly lecture, one-hour tutorials from week 4/5.

Indicative/suggested reading: There is no textbook for this subject and materials will be posted online as required. Chapters 1, 2 and (particularly) 16 of Cornish, Llewelyn & Aplin Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (7th edition, 2010) are useful background reading.


Assessment:  written examination/s 
Three-hour exam.

Module description

An historical, economic and comparative examination of the common law and civil law concepts of trademarks, passing off and unfair competition, with particular reference to the UK and commonwealth jurisdictions; the USA; Canada; France and Germany; by looking at the international trade mark regimes and the role and influence of relevant conventions, agreements, protocols and treaties.

Teaching staff: Mr Perry Keller and Dr Jan Oster
Module code: TBC
Credit level: 7
Credit value: 40
Semester:  Full-year 

The module concerns the impact of information technologies on the private lives of individuals. The digitisation of information has brought about a multitude of data harvesting and processing technologies that now operate on a global scale. Information processing has become essential not just to finance and commerce, but also to advances in public health, education, crime prevention and economic growth.

In this module, you will study the legal concepts and rules that are used to determine the limits of personal autonomy and consent in the new world of 'big data'. It will focus on rights to privacy and confidentiality as well as countervailing rights and interests in freedom of speech, public order and security and collective well being. We will also examine laws that enable individual access to personal information, such as freedom of information law, and other means of controlling personal information. The module will focus on European legal standards, including their implementation in member states and states outside the European Union, as well as comparison with alternative legal models and concepts, such as those prevailing in the United States and China.

Teaching staff: Kevin Madders
Module code: TBC
Credit level: 7
Credit value: 20

To be confirmed soon.

Teaching staff: John Hull
Module code: 7FFLA552
Credit level: 7
Credit value: 20

The aim of this module is to provide you with a detailed understanding of European and UK patent law and the UK law of confidential information (or trade secrets), with particular reference to new technologies, such as biotechnology and information and communication technologies. The key features of European and UK patent law – registration, validity, infringement, exploitation and enforcement - will be examined, taking into account theoretical, policy and practical perspectives. The module will also cover recent developments to the UK law of confidence, both in relation to commercial information (trade secrets) and privacy. It is not essential to have a prior knowledge of patent law or trade secrets.

Teaching staff: Professor David Llewelyn, Professor John Phillips and Barbara Lauriat
Module code: 7FFLA549
Credit level: 7
Credit value: 20
Semester:  Semester 2 (spring) 
Teaching pattern: 

Two-hour lecture, one-hour tutorial.

Indicative/suggested reading: Cornish, Llewelyn & Aplin: Intellectual Property (7th ed., 2010), ch 16.

Assessment:  written examination/s 
Two-hour exam.

Module description

This module analyses the law and policy in respect of registered trademarks. There is a consideration of the registration system for trademarks both in the United Kingdomand the European Community. In this context, the module covers central issues such as the subject matter which can be registered, absolute and relative grounds for refusal of registration, revocation, infringement and defences. Additionally, the module considers legal regimes for the protection of unregistered marks, in particular, the action for passing off (with its constituent elements of goodwill, misrepresentation and damage).

An assessment will be made of the effectiveness of the law of trademarks, both from the point of view of the business and general community, as well as the rights of the proprietor of the trademark in terms of the exploitation and use of the mark.