BL5053 - The Regulation of Business Creations (2017/18)
|Module specification||Module approved to run in 2017/18|
|Module title||The Regulation of Business Creations|
|Module level||Intermediate (05)|
|Credit rating for module||15|
|School||Guildhall School of Business and Law|
|Total study hours||195|
|Running in 2017/18||
The last two decades has witnessed fundamental changes in the way in which people do business and communicate, socially and formally. A significant contributor to this phenomenon has been the introduction of the internet and social on-line sites such as Facebook, Twitter and Youtube as well as media/TV, MTV etc. Technological advancements have made the possibility of downloading music, videos, film an everyday feature. In terms of business and trading, there has been significant development in knowledge as a traded commodity and coupled with the internet, the ability to do business on a global scale has become an expected aspect of business.
The way in which information is acquired, stored and protected has raised issues in relation to the existing boundaries of law and in some instances the development of new legal issues particularly in the area of intellectual property, contracts, privacy, Twitter and super injunctions.
Information, creativity and access to knowledge has changed exponentially and as a consequence of these developments, protecting information, knowledge has become an essential element for businesses of all forms including the creative and consumer industries such as media, fashion and retail in particular as well as individuals. The legal issues raised have areas of commonality across these industries.
Prior learning requirements
Any Level 4 Business Law module or equivalent
The module aims to:
1. review principles of the legal system and aspects of commercial agreements;
2. develop students’ knowledge and understanding of the legal obligations that underpin business, fashion retail and media issues;
3. to develop students understanding of areas of regulation relating to the protection of business innovation and business secrets- copyright, patents and trademarks;
4. to appreciate and explore the impact of legislation and regulation of the protection of creative business rights and its response to the changing needs and expectations of society and the business environment.
• Regulation aspects of comparative advertising, marketing and sponsorship; commercial agreements and protection of business creations; business good will and trade mark rules, contemporary copyright issues (peer to peer file sharing)
• Patentable inventions, privacy rules, confidentiality, issues of defamation and content control across a range of media
• Enforcement of rules domestic and international
• Legal and ethical issues in business, media and fashion.
Learning and teaching
The weekly delivery consists of a 2 hour interactive tutor led large group session and 1 hour small group tutor facilitated session. The tutor led sessions will be a mixture of tutor led, student discussion, problem solving, mini exercises and independent study. The principal aim of the tutor led section will be to disseminate legal principles providing a framework for further study. Students' learning will be supported
through a dedicated module website.
The small group sessions will involve students in a number of activities, primarily problem solving case study questions, working both individually and in groups. Students will be expected to lead discussions in these sessions and will be required to develop an ability to explain complex legal materials in clear and concise terms both through presentations and in written answers. Discussions and debates on topical legal issues will require students to make ethical evaluations and to be aware of the context of legal developments. Students will develop an ability to analyse the law in respect of its effectiveness at achieving stated aims. Directed reading activities will be provided in the module booklet and students will be expected to prepare for classes.
On completion of this module students will be able to:
1. demonstrate knowledge and understanding of the relevant principles of law
analyse and apply legal principle in context
2. carry out legal research relevant to the areas of business innovation and regulation
3. appreciate and analyse the civil and criminal liability in relation to the protection of creative rights;
4. demonstrate knowledge and understanding of the cross over between areas of media, retail and business creativity and the links with legal principle?
5. research and analyse current legal issues relating the regulation of business creations.
The assessment strategy is designed to test the module's learning outcomes and academic skills associated with this module. Students will be required to complete an in-class test designed to assess students’ knowledge of key principles. The second assessment will be in the form of a case study presentation and report. This assessment will aim to test students’ apply to explain and apply relevant legal principle in context.
Bleakley A, Baden-Powell E. Eneberi J. (2010), Intellectual Property and Media Law Companion, 4th edition, Bloomsbury
MacQueen H. Waelde C. et al. (2010), Contemporary Intellectual Property
Law and Policy 2nd edition OUP
Colston C. Galloway J. (2010) Modern Intellectual Property Law, 3rd edition, Routledge
Wild et.al. (2011) Electronic and Mobile Commerce Law: An Analysis of Trade, Finance, Media and Cybercrime in the Digital Age, UHP
Bainbridge D. (2010) Intellectual Property, 8th edition, Pearsons
Moore R. Murray M (2011) Media Law and Ethics, 4th edition, Routledge