module specification

 This module focuses on advising the commercial client on their intellectual property law rights and responsibilities. It enables students to effectively apply law to specific scenarios in relation to four main aspects of intellectual property, namely copyright, patents, trademarks and design rights

This module aims to equip students to act as a trainee solicitor for commercial clients in respect of their intellectual property law rights and responsibilities.

Stage 1 of the Legal Practice Course

 Copyright
Patents
Registered and Unregistered Design Rights
Trade Marks and Passing Off

Covers all Learning Outcomes

8 one-hour large group (tutor led) sessions and 8 two-hour small group (student led) sessions. The large group sessions are one week ahead of the small group sessions to allow students time for reflection. The student led sessions include practical tasks involving real life style scenarios.

 At the end of this elective, successful students, under appropriate supervision, should be able in the context of intellectual property law and practice to:

1. demonstrate their knowledge and understanding and employ the applicable skills in intellectual property law and practice particularly with respect to copyright, patents, unregistered / registered design rights and trademarks and including the international framework of intellectual property treaties and the impact of EC law on UK intellectual property law
2. use the legal knowledge, skills, procedures and behaviours appropriate to each client and each transaction or matter
3. identify the overall nature of intellectual property law transactions, then plan and progress those transactions or matters through a series of steps and decisions including, where appropriate, drafting documentation
4. identify the commercial client's goals and alternative means of achieving those goals, and deal appropriately with client care
5. investigate and identify the relevant facts, research and identify the relevant legal issues, and advise the client on the legal consequences
6. recognise and act within the rules of professional conduct
7. identify the client’s reasonable expectations as to quality and timeliness of service

ELEMENT 1 – COPYRIGHT

Students should be able to take instructions and advise on copyright protection and ownership including:

1. The qualifying criteria for copyright
2. Ownership of copyright and moral rights
3. Forms of agreement required to licence or assign copyright
4. Infringement of copyright
5. Practice and procedure in intellectual property litigation and corresponding remedies, including in relation to copyright infringement
6. Rights in databases
7. How computer programmes are protected by copyright

ELEMENT 2 – PATENTS

Students should be able to take instructions and advise on patentability, ownership of patents, registration procedures and patent infringement, including:

1. Understanding the necessary requirements for obtaining a patent
2. Recognising and advising upon whether an invention or process is patentable
3. Familiarity with the procedure for applying for a patent in the UK including drafting the appropriate forms
4. Being able to search the UK Intellectual Property Office (IPO) website to obtaining information on existing patents
5. Being able to research alternative patent systems and application procedures internationally
6. Advising the protection of ‘know how’ and information not protected by registration
7. Reviewing and re-drafting a confidentiality agreement
8. Drafting and negotiating clauses and provisions for an intellectual property licence
9. drafting an intellectual property licence (in particular a Technology Transfer Mixed Patent and Know-how Agreement);
10. advising upon the effect of Article 81;
11. researching the block EU exemption for technology transfer on-line and advising upon the effect of this block exemption (developing knowledge developed through Stage 1 in BLP)

ELEMENT 3 - REGISTERED AND UNREGISTERED DESIGN RIGHTS

Students should be able to take instructions and advise on unregistered design rights in order to be able to :
1. Advise upon what intellectual property protection is available for designs
2. Advise upon and explain the procedure for obtaining registered design rights (i.e. both UK and Community registered design rights)
3. Understand the relationship between copyright and unregistered design rights

ELEMENT 4 - TRADE MARKS AND PASSING OFF

Students should be able to take instructions and advise on registered and unregistered trade marks by:
1. Advising on the registrability of a trade mark
2. Researching the procedure for a trade mark application
3. Drafting a trade mark application
4. Advising upon the infringement of a trade mark

 The assessment is an open book exam with advance disclosure of documents and is of a transactional nature. This form of assessment is designed to replicate practice and enable students to demonstrate the application of legal principles in a realistic, practical context. Students are given a formative assessment and receive examiners' guidance.

Students are required to complete a mock exam and are given formative feedback.

 Basic Texts
'Intellectual Property Law' by Hart, Fazzani & Clark, Palgrave MacMillan
Web links such as to the Intellectual Property Office website etc