Intellectual Property Law II (Patents and Trade Marks)

• Credit value: 15 credits at Level 6
• Convenor and tutor: Dr Henrique Carvalho
• Assessment: a one-hour in-class test (30%) and two-hour examination (70%)

Once a relatively obscure area of legal practice that went by the name of industrial property, patent and trade mark law have recently become some of the most publicly debated areas of law. Central to these debates are the ways in which patent and trade mark law affect production, distribution and access to valuable goods and services.

In this module you will be introduced to the key doctrinal elements of patent law and invited to critically assess the political and socio-economic implications of contemporary patent law. This will be followed by a detailed and rigorous analysis of theoretical and practical aspects of UK trade mark law, from an understanding of the technicalities of trade mark registration to an appreciation of the functions of trade marks in post-industrial economies.

Indicative syllabus

• Registration and intellectual property: historical origins and contemporary relevance
• Patent law: justifications, reading patent specifications, subject matter, requirements of patentability, ownership, infringement
• Trade mark law: understanding registration, subject matter, ground for refusal of registration, infringement and defences

By the end of this module, you will be able to:

• read patent specifications and trade mark registration documents
• understand the territorial dimension of intellectual property rights
• engage with contemporary debates about patentability and enforcement of patent rights
• offer informed and structured advice on issues relating to trade mark registration
• analyse complex practical issues involving trade mark use and infringement of registered trade marks.