LW363-6-SP-CO:
Copyright and Trade Mark Law
2023/24
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Monday 15 January 2024
Friday 22 March 2024
15
19 October 2023
Requisites for this module
LW101
(none)
(none)
(none)
(none)
This module introduces students to the exciting field of intellectual property – the field of law that governs creativity and innovation.
It aims to enable students to understand the nature and purposes of copyright and trade mark law, two of the key intellectual property rights in the UK. It involves a detailed examination of the relevant statutory provisions in the CDPA 1988 and Trade Marks Act 1994, as well as relevant case law. The course is taught against the backdrop of an increasingly voluminous EU jurisprudence.
The module will enable the students to gain a deep knowledge and understanding of the nature and purpose of copyright and trade mark law, and of the rules currently applied in these fields, by introducing students with relevant primary and secondary sources and thus enabling them to gain awareness of and critical understanding of controversial issues in this area, including developments triggered by technological developments.
Upon successful completion of the module, students will be able to:
1. show knowledge and critical understanding of the nature and purposes of copyright and trade mark law, specifically the current rules relevant to the area
2. demonstrate their understanding of current and controversial issues in the field of copyright and trade mark law
3. show their familiarity with primary and secondary sources, including academic materials
4. demonstrate their ability to apply with critical analysis the relevant principles, rules and techniques
Indicative Syllabus
WK 1: General introduction to intellectual property
WK 2: Copyright subject matter and criteria for copyright protection
WK 3: Authorship and ownership; the nature of the right and duration
WK 4: Copyright infringement
WK 5: Permitted acts, fair dealing and defences to copyright infringement
WK 6: Moral rights and related rights (performers' rights, database right, artists' resale right)
WK 7: Trade mark registrability (absolute grounds for refusal)
WK 8: Trade mark registrability (relative grounds for refusal)
WK 9: Trade mark infringement and defences
WK 10: Passing off
This module is taught via weekly lectures and fortnightly tutorials. The module teaching team will produce and make available on Moodle short guidance notes. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW363 Copyright & Trade Mark Law) |
|
20% |
| Coursework |
Essay (LW363 Copyright & Trade Mark Law) |
|
80% |
Additional coursework information
80% Summative Essay
20% Multiple-Choice Quizzes
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Eden Sarid, email: e.sarid@essex.ac.uk.
Law Education Office, lawschoolug@essex.ac.uk
Yes
No
Yes
Dr Gary Lynch-Wood
University of Manchester
Senior Lecturer
Available via Moodle
Of 30 hours, 14 (46.7%) hours available to students:
0 hours not recorded due to service coverage or fault;
16 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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