UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


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.

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

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)

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)

Other information: N/A
Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.