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 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.
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Written formative assessment to be submitted by Week 7 of the course | 2000 | 1-7,9 | Use of feedback forms and where necessary oral discussion with the student. |
| Individual and team presentations | 15 minutes | 1-9 | Oral discussion |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 7,500 words | 1-7,9 | Formal written feedback and an opportunity, where necessary, for oral feedback and guidance from the lecturer. |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (7500 words) | 1-7,9 | August/September re-assessment period |
Re-assessment notes
Marks for re-assessments following an earlier failed attempt will, in the absence of special circumstances be capped at 50%.
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
Core reading list:
Intellectual Property Law, 4 th edn, Bently and Sherman, OUP (2014).
Contemporary Intellectual Property: Law and Policy, Waelde, Laurie, Kheria and Cornwell, 4th edn OUP (2016).
Intellectual Property Law, 8 th edn, Holyoak and Torremans, OUP (2016).
Intellectual Property, 9th edn, Bainbridge, Pearson Education (2012).
Journals
European Intellectual Property Law Review
Intellectual Property Quarterly
Oxford Journal of Intellectual Property Law and Practice
