• Offered for Year: 2022/23

• Module Leader(s): Prof. Andrew Griffiths
• Lecturer: Dr Bronwen Jones

• Owning School: Newcastle Law School
• Teaching Location: Newcastle City Campus

Semesters

Aims

Intellectual Property (IP) law deals with the grant of exclusive rights, or monopolies over a range of different subject matter. As rights over the use of creative and inventive products of the mind, Intellectual Property Rights (IPRs) are rights over intangible subject matter. They recognise the value of, and reward the creator or inventor with limited monopolies. The legal boundaries of such monopolies form the subject matter of IP law. Patents and Trade Marks, are known collectively as Industrial Property. They form two of the three main branches of Intellectual Property Law (the other being Copyright).

To impart knowledge and develop critical awareness of the law of Patents and of the law of Trade Marks in the United Kingdom, these being two of the three major branches of Intellectual Property Law.

The aims of this course are:

To enable students to understand the fundamental principles and law governing both Patent and Trade Mark law.

To enable students to appreciate and understand the complex interaction between international, regional (European), and domestic (UK) law in the areas of Patent and Trade Mark law.

To enable students to develop a critical appreciation of the recent history of these areas of law and of the policy objectives that have informed this history.

Outline Of Syllabus

Topics covered include the following, although the order and precise content may vary:

An Introduction to Patent Law and Trade Mark Law as major branches of Intellectual Property Law.

The Foundations of Patent Law.

Patentability

Biotechnology, Gene Patenting and Ethical Issues in Patent Law

Patents and Access to Medicines

Plant Breeders’ Rights

The Foundations of Trade Mark Law

Registration of Trade Marks.

Infringement of Trade Marks

Trade Marks and Passing Off

Trade Marks and the Free Movement of Goods.

Teaching Methods

Teaching Activities

Teaching Rationale And Relationship

The Teaching Methods are based on those that have worked successfully before, but are adapted for delivery post Covid 19. However, they are also based on the assumption that some face-to-face delivery may be possible, though there is flexibility as indicated in case this is not the case. Delivery is therefore based on lecture-type materials and commentary and if possible some lecture delivery to give students a solid framework of knowledge and a good base for their independent study and preparation for seminars and assessment. The seminars will aim to consolidate this by identifying key themes and issues arising from each topic with the aim of stimulating students’ interest and enthusiasm for the subject, their engagement with it, and helping them to become active, independent, and reflective learners.

Assessment Methods

The format of resits will be determined by the Board of Examiners

Exams

Formative Assessments

Assessment Rationale And Relationship

The examination will be designed to test students' ability across both forms of IP and ensure that they have met the learning objectives and knowledge outcomes by the end of this module.

Reading Lists

• LAW3043's Reading List

Timetable

• Timetable Website: www.ncl.ac.uk/timetable/
• LAW3043's Timetable