Module LAWM044 for 2017/8
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Postgraduate Module Descriptor
LAWM044: Trademarks
This module descriptor refers to the 2017/8 academic year.
Module Aims
The module aims are as follows:
- To develop an awareness of the importance of the trade mark system and its implications for the development of business in both a theoretical and practical way;
- To encourage engagement with research and scholarship in relation to trade mark law and protection;
- To stimulate critical analysis and evaluation about the operation of the current operation of trade mark law and in particular whether any reforms are needed;
- To encourage evaluation of the respective interests of right holders, authorised licensees, competitors and consumers and whether the current law balances those interests fairly and equitably;
- To encourage a practical awareness of the operation of the registration system in real business situations;
- To consider potential abuses of trade mark rights and the relationship of such trade mark rights to other key rights such as freedom of expression (e.g. parodying trade marks) and freedom of competition.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. Demonstrate a deep and systematic knowledge and understanding of the law in relation to the protection of trade marks and geographical appellations and an extensive range of major concepts, values and principles relevant to the application of the law; 2. Undertake complex critical evaluations of the main legal rules, institutions and procedures relevant to trade mark law using specialist literature and current research; 3. Compare, analyse and synthesise innovatively the principle rules and theories relating to the scope of protection of trade marks and geographical appellations; 4. Identify, explain and evaluate key issues in trade mark law critically and comprehensively and to apply relevant rules and a range of theories systematically; 5. Demonstrate deep and critical awareness of a wide range of legal and contextual implications of the areas of trade mark law studied; |
| Discipline-Specific Skills | 6. Demonstrate detailed and comprehensive knowledge and understanding of a range of legal concepts, values, principles and institutions and procedures and the ability to evaluate systematically the relationships among them as well as their limits; 7. Apply detailed and comprehensive legal knowledge and understanding to a problem/case study and to argue alternative approaches/to propose solutions innovatively; |
| Personal and Key Skills | 8. Interact effectively, confidently and proactively within a team/learning group to share information and ideas to clarify, plan and undertake tasks confidently and independently, individually and with others, to reflect critically on the learning process and to make use of feedback efficiently; and 9. Work independently and effectively and to manage time efficiently in preparing for scheduled learning activities, exercises and assessments. |
Module Content
Syllabus Plan
Whilst the module’s precise content may vary from year to year to reflect current developments in the area it is envisaged that it will cover the following topics:
(1) The general history and development of the trade mark system and the rationales put forward to justify the granting of legal protection. The development of international protection through the World Intellectual Property Organisation, the World Trade Organisation and the Paris Convention for the Protection of Industrial Property (1883) (as amended).
(2) The structure and conditions for obtaining trade mark protection at UK, European Union and international level via the UK Intellectual Property Office, the European Union Trade Mark Office and the WIPO international search bureau in Geneva for international marks.
(3) The core requirements for trade mark protection – and absolute or public interest grounds of objection (e.g. that the mark is not distinctive, is generic or deceptive etc) and relative grounds of objection (e.g. prior third party rights).
(4) Legal rights and remedies granted to a trade mark owner to enforce trade mark rights against third parties including criminal law offences for misuse of trade marks.
(5) Licensing of trade marks to third parties or use of trade marks as security interest.
(6) Protection of well-known marks under Article 6bis Paris Convention of Industrial Property (1883)
(7) Use of protected trade marks by competitors in comparative advertising – EU Comparative Advertising Directive.
(8) Protection of geographical appellation such as Champagne, Parma Ham or Parmesan cheese etc.
(9) Use of trade marks in artistic works – trade marks and freedom of expression and use of trade marks in parodies.
(10) Prohibitions on use of trade marks in certain contexts e.g. cigarette plain packaging controversy.
(11) Common law protection of unregistered marks via the common law tort of passing off and unfair competition law.
(12) Inter-relationship of trade mark law and design law – limits on registering product designs as trade marks.
(13)Defences to trade mark infringement actions e.g. use of own name and concept of use according to honest commercial or industrial practices.
Learning and Teaching
This table provides an overview of how your hours of study for this module are allocated:
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 267 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning & Teaching Activities | 6 | Two 3 hour lectures which introduce students to the history and context of the topics and will provide the foundation for independent guided study |
| Scheduled Learning & Teaching Activities | 27 | Nine 3 hour lecturer led seminars which will involve at least one student/team lead presentation in each seminar relating to the topic under discussion. |
| Guided independent study | 157 | Preparation for seminars which will involve reading the recommended text and a cross-section of case law and critical academic article literature on the relevant topic. You would be expected to make appropriate notes on these materials to assist the making of seminar presentations and discussions of questions and issues in seminars. |
| Guided independent study | 60 | Preparation for formative and summative assessment |
| Guided independent study | 50 | Further independent research and reading and wider contextual study |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
Westlaw, LexisNexis, and Lawtel, as well as knowledge-based materials at relevant organisations such as: the World Intellectual Property Organisation; the European Union Intellectual Property Office; the UK Intellectual Property Office; and the numerous expert blogs on the topic of trade mark law.
Key Organisations and weblinks:
UK Intellectual Property Office: http://www.ipo.gov.uk
UK Government Website: https://www.gov.uk/topic/intellectual-property/trade-marks EU Intellectual Property Office: https://euipo.europa.eu/ohimportal/en/
EU Intellectual Property Gateway: http://ec.europa.eu/internal_market/intellectual-property/index_en.htm
Other Learning Resources
Library holds stock of relevant intellectual property books that cover these topics, as well as relevant journals. Students will have access to relevant knowledge databases, the Law School subscribes to databases such as Westlaw, LexisNexis, Lawtel etc and students will be able to access the wealth of material via the internet at the UK Intellectual Property Office, the EU Trade Mark Office and the WIPO and WTO data collections. Also blogs such as the IPKAT Blog and the Marques Blog will also be of use and easily accessible.
