Durham University
Programme and Module Handbook

Postgraduate Programme and Module Handbook 2023-2024

Module LAW47815: CONTEMPORARY ISSUES IN INTERNATIONAL INTELLECTUAL PROPERTY LAW

Department: Law

LAW47815: CONTEMPORARY ISSUES IN INTERNATIONAL INTELLECTUAL PROPERTY LAW

Type Open Level 4 Credits 15 Availability Available in 2023/24 Module Cap None.

Prerequisites

  • None

Corequisites

  • None

Excluded Combination of Modules

  • None

Aims

  • To provide a study of complex areas of selected intellectual property rights;
  • To introduce students interaction and potential conflicts between the existence and exercise of intellectual property rights;
  • To introduce students interaction of intellectual property and other areas of law;
  • To enable students to develop their analytical skills;
  • To introduce students to legal, moral, social and political debates which inform the subject matter and scope of the various rights at the national, European level and international level.

Content

  • A general introduction to the various levels of laws regulating intellectual property rights at the national, European and international level;
  • A study of recent and developing areas of intellectual property such as copyright in the digital era, traditional knowledge and artificial intelligence;
  • An examination of current judicial interpretations and attitudes to key aspects of IP jurisprudence from selected jurisdictions;
  • The existence/exercise dichotomy: A study of how the legislation and jurisprudence seeks to balance competing rights;
  • A study of the impact of selected international treaties and conventions in intellectual property law;
  • A study of the current policy and practice of the leading institutional bodies charged with responsibility for administering intellectual property rights towards new and contemporary technologies;
  • A contemporary critical analyses of intellectual property policy issues and recent developments in an international context.

Learning Outcomes

Subject-specific Knowledge:
  • Students will:
  • Gain an in-depth knowledge of range of intellectual property regimes;
  • Develop an understanding of the key legal concepts, principles and doctrines which underpin intellectual property law;
  • Develop a critical understanding of the policy issues and the methods of interpretation and application of national and regional intellectual property law.
Subject-specific Skills:
  • Students will be able to:
  • Identify the role and functions of the UK, European bodies and selected international institutions responsible for granting intellectual property rights;
  • Identify and use the leading primary and secondary sources relevant to a given legal issue, and to be able to use them to reach informed and reasoned conclusions on points of law relating to intellectual property;
  • Critically analyse the jurisprudence in intellectual property law;
  • Identify the legal issues relevant to a specific problem relating to intellectual property;
  • Analyse and evaluate the existing law in the light of the legal, social, political and moral questions raised.
Key Skills:
  • Students will be able to:
  • Critically review existing law and/or practices in relation to specific aspects of intellectual property law;
  • Write a substantial and well-researched piece of work on specific aspects of intellectual property law.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • The teaching will be based on a combination of lectures and seminars. The Lectures will introduce the topic and the seminars, supported by substantial but targeted reading assignments before each seminar, will provide a deeper understanding of the issues. The readings are selected from both established doctrinal sources as well as cutting-edge scholarship in the area. The lectures will work from a basic level of doctrinal knowledge and build on that foundation into discussions of more difficult and controversial issues within the seminars. This will encourage students to learn the material and develop the ability to discuss it and understand where each aspect of the reading fits in with the relevant debates;
  • The assessment supports the aims of the teaching methods. The essay will assess the ability of the students not only to analyse the subject material, but to perform research in the discipline, and present a structured, articulate argument on the subject.

Teaching Methods and Learning Hours

Activity Number Frequency Duration Total/Hours
seminars 8 Normally weekly with reading weeks 2 hrs 16
preparation and reading 134
TOTAL 150

Summative Assessment

Component: summative essay Component Weighting: 100%
Element Length / duration Element Weighting Resit Opportunity
summative essay 3,000 words 100% Y

Formative Assessment:

The formative will consist of writing a review of a selected topical article. Writing the review will help students understand an area of intellectual property law as well as how to put forward a coherent argument. The review will be 1000 words in length.


Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University