| Unit name | Intellectual Property |
|---|---|
| Unit code | LAWD30014 |
| Credit points | 40 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Mrs. Norman |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
The unit will cover the justifications for intellectual property rights; sources of intellectual property law; remedies for the infringement of intellectual property rights. The nature, function and use of trade marks; common law protection; absolute and relative grounds for refusal and invalidity of registered marks; infringement and defences to infringement including exhaustion of rights. The purpose of the patent system; application procedure; the role of specification and claims; the role of the skilled addressee; rights of ownership and exploitation. Patentability; patent infringement. Breach of confidence as an alternative to 'formal' categories of intellectual property and its significance in creating a potential right of privacy. The nature, function and use of copyright protection; categories of work; subsistence of copyright, moral rights and rights in performances; primary and secondary infringement; registered and unregistered designs; the threat posed to traditional copyright values by digital technology.
By the end of this Unit, you should have acquired knowledge of the following:
The United Kingdom statutory framework, together with the relevant case law, governing the acquisition, exploitation and infringement of registered trade marks, patents, copyright, registered and unregistered designs and the common law principles governing passing off and breach of confidence; the way in which EU law limits the use of intellectual property rights to prevent parallel imports and restricts the freedom to assign and license such rights; and the way in which international conventions and EU secondary legislation have influenced the content of the UK legislative framework.
You should also develop an appreciation of:
The way in which Intellectual Property rights function in the context of world trade, the impact of such rights on the relationship between developing and developed countries and the economic effects of counterfeiting on world trade; the commercial context in which Intellectual Property rights are created and the way in which litigation affecting Intellectual Property rights is conducted; and some of the theoretical debates surrounding intellectual property rights, including their justification, their economic effect and monopolistic tendencies, and the ethical considerations which they raise.
There will be 28 x 1 hour lectures & 14 x 2 hour seminars.
One problem (on the Law of Patents) of 3,500 words (33% of the marks); one 3 hour unseen written examination (67% of the marks).
Introductory Texts
General Textbooks/Casebooks
Texts Covering Specific Areas of the Unit
Cook A User’s Guide to Patents Bloomsbury, 3rd Ed (2011)
& Thorne
