UCL FACULTY OF LAWS
Institute of Brand and Innovation Law

Institute of Brand and Innovation Law

THE LAW OF TRADE MARKS AND BRANDS (LAWSG063)
Credit value: 15 credits (6 ECTS)
Module Convenor: Dr Ilanah Simon Fhima Other Teachers: Dr Barbara Lauriat, King’s College London (KCL)
Content

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.

Syllabus:

  1. Introduction to Intellectual Property and Trade Marks
  2. Passing Off
  3. Registration and Subject Matter
  4. Absolute Grounds for the Refusal of Registration
  5. Relative Grounds for the Refusal of Registration
  6. Infringement
  7. Defences
  8. Revocation and Invalidity
  9. Parallel Importation

Background Reading (optional):

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)

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.

Delivery and enrolment

Lectures/Seminars: 11 x 2-hour seminars

Please note: This module is jointly taught with King's College London and will run during reading week.

Tutorials: Yes
Previous module enrolments: Medium – 16-50 students
Who may enrol: LLM students
Prerequisities: None
Barred module combinations: None
Core Module for LLM specialism: Intellectual Property Law
Assessment
Final Assessment: 2-hour unseen written examination
Practice Assessment: Opportunity for feedback on one optional 2,000 word practice essay
Other Information
Intercollegiate Teaching: This module is jointly taught with King’s College London.

This page was last updated on 8 July, 2014