THE LAW OF TRADE MARKS AND BRANDS (LAWSG063)
Credit value: 15 credits (6 ECTS) |
Module Convenor:
Dr Matt Fisher |
Other Teachers:
Professor David Llewelyn, King’s College London (KCL) |
| Intercollegiate teaching: Yes, this course is jointly taught with King’s College London |
| Teaching Method: 11 x two-hour seminars - please note: as this module is jointly taught with King's College London, it will run during reading week |
| Who may enrol: LLM students |
| Prerequisites: None |
| Barred module combinations: None |
| Core module for specialism: Intellectual Property Law |
| Assessment |
| Practice Assessment: Formative essay (2000 words) |
| Assessment method for LLM students: 2-hour unseen written examination |
| Module Overview |
Module summary
The aim of this module is to provide students with a detailed understanding of the law of trade marks in the United Kingdom and the European Union. The module will examine the system for registered marks (including the process of registration, revocation, invalidity and infringement) as well as common law marks/unfair competition.
At the end of the module students will be enabled to demonstrate the following:
- A systematic understanding of the law of trade marks and its operation in the UK and European Union.
- A critical awareness of issues and problems relating to the system for registered marks, (including the process of registration, revocation, invalidity and infringement) and also common law marks.
- The ability to critically analyse and interpret relevant legislation, the relevant case law of the UK courts and the European Court of Justice and academic literature in the field.
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Module syllabus
- Introduction to Intellectual Property and Trade Marks
- Passing Off
- Registration and Subject Matter
- Absolute Grounds for the Refusal of Registration
- Relative Grounds for the Refusal of Registration
- Infringement
- Defences
- Revocation and Invalidity
- Parallel Importation
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Recommended materials
Module textbook:
W Cornish, D Llewelyn & T. Aplin, Intellectual Property: Patents Copyright and Allied Rights (7th ed., Sweet & Maxwell, 2010)
OR
L Bently & B Sherman, Intellectual Property Law (3rd ed., Oxford: OUP, 2008)
Module statute book:
A Christie and S Gare, Blackstones’ Statutes on Intellectual Property (latest edition)
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Preliminary reading
W Cornish, D Llewelyn & T. Aplin, Intellectual Property: Patents Copyright and Allied Rights (7th ed., Sweet & Maxwell, 2010), Ch.16 OR L Bently & B Sherman, Intellectual Property Law (3rd ed., Oxford: OUP, 2008), Ch.31
W. Cornish, Intellectual Property: Omnipresent, Distracting, Irrelevant? (OUP, Oxford, 2004), Ch.3
A. Kur, ‘Fundamental concerns in the harmonization of (European) trademark law’, Ch.6 in G. Dinwoodie & M. Janis, Trademark Law and Theory: A Handbook of Contemporary Research (Edward Elgar, Cheltenham, 2008)
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| Other information: N/A |
| Prizes for this module: There are currently no prizes available for this module. |
