Accessibility statement

Intellectual Property - LAW00077M

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  • Department: The York Law School
  • Module co-ordinator: Dr. Peter Harrison
  • Credit value: 20 credits
  • Credit level: M
  • Academic year of delivery: 2021-22

Module summary

This Module will provide an introduction to the overall concept of the protection of intellectual effort and business goodwill. It will provide an understanding of the requirements for subsistence (or registration) of each intellectual property right, and the scope of protection provided by each. However it will also stress, and give examples of, the co-existence and layering of separate rights in a single work. It will also highlight the differences between monopoly rights, anti-copying rights, rights protecting goodwill and authors moral rights and the historical context of their development.

Module will run

Occurrence Teaching period
A Spring Term 2021-22

Module aims

This Module will provide an introduction to the overall concept of the protection of intellectual effort and business goodwill. It will provide an understanding of the requirements for subsistence (or registration) of each intellectual property right, and the scope of protection provided by each. However it will also stress, and give examples of, the co-existence and layering of separate rights in a single work. It will also highlight the differences between monopoly rights, anti-copying rights, rights protecting goodwill and author s moral rights and the historical context of their development.

Module learning outcomes

By the end of the module students should be able to demonstrate:

  1. A detailed understanding of the role of confidentiality, patents, copyright, design rights, performance and moral rights in the protection of ideas and their expression.
  2. A comprehensive understanding of the role of trademarks, domain names and the law of passing-off and trade libel in the protection of business goodwill and brands;
  3. A strong understanding of the territorial nature of the intellectual property system, the international mechanisms used to address this, and the concept of exhaustion of rights;
  4. The ability to evaluate the advantages and disadvantages of different intellectual property rights for the protection of a variety of commercial products;
  5. The ability to advise clients on how intellectual property rights can, and cannot be, used to promote or finance a business, or to protect an individual s creative effort;
  6. The ability to apply the knowledge and techniques developed in the module in different contexts.

Module content

By the end of the module students should be able to demonstrate:

  1. A detailed understanding of the role of confidentiality, patents, copyright, design rights, performance and moral rights in the protection of ideas and their expression.
  2. A comprehensive understanding of the role of trademarks, domain names and the law of passing-off and trade libel in the protection of business goodwill and brands;
  3. A strong understanding of the territorial nature of the intellectual property system, the international mechanisms used to address this, and the concept of exhaustion of rights;
  4. The ability to evaluate the advantages and disadvantages of different intellectual property rights for the protection of a variety of commercial products;
  5. The ability to advise clients on how intellectual property rights can, and cannot be, used to promote or finance a business, or to protect an individual s creative effort;
  6. The ability to apply the knowledge and techniques developed in the module in different contexts.

Assessment

Task Length % of module mark
Essay/coursework
Client Advice Letters		 N/A 100

Special assessment rules

None

Additional assessment information

There is no formative assessment component to this module.

Reassessment

Task Length % of module mark
Essay/coursework
Client Advice Letters		 N/A 100

Module feedback

Marks provided twenty working days from submission. Students will have the opportunity for one to one discussion of work where requested.

Indicative reading

Paul Torremans Intellectual Property Law (8th Edition, OUP 2016)

Charlotte Waelde, Abbe Brown, Smita Kheria, and Jane Cornwell ) Contempory Intellectual Property (4th Edition OUP 2016)

Lionel Bentley, Brad Sherman, Dev Gangjee and Phillip Johnson Intellectual Property (5th Edition OUP 2018)

David Bainbridge, Intellectual Property Law (10th edition, Pearson, 2018)

David Bainbridge & Claire Howell Intellectual Property Asset Management: How to identify, protect, manage and exploit intellectual property within the business environment (Routledge 2013)

Robert P. Merges Justifying Intellectual Property (Harvard University Press 2011)


The information on this page is indicative of the module that is currently on offer. The University is constantly exploring ways to enhance and improve its degree programmes and therefore reserves the right to make variations to the content and method of delivery of modules, and to discontinue modules, if such action is reasonably considered to be necessary by the University. Where appropriate, the University will notify and consult with affected students in advance about any changes that are required in line with the University's policy on the Approval of Modifications to Existing Taught Programmes of Study.