Foundations in Intellectual Property Law

The programme

Intellectual Property (IP) is the study of property in intangibles. This course considers the means by which the products of human intellectual creativity and ingenuity are identified as legally protectable subject matter and the consequences of treating them as property. It will look at how protection operates in terms of patents, copyright, trademarks and designs, what IP laws will protect and how IP rights (IPRs) are acquired. Topical issues include whether those training AIs can use other peoples’ copyright work for training data, sharing and streaming music and videos online, how patent law both restricts access to and incentivises the creation of pharmaceuticals, whether AI inventions can be patentable, how brand owners can protect themselves from lookalike products, and whether it is acceptable to parody other people’s trade marks.

Based upon the underlying justifications of protection, the course will consider what level of protection is afforded to rightsholders, and whether the interests of third parties are adequately protected.

The course is arranged thematically and is structured around the core questions that all IP rights must address:

• Why does the law protect intellectual property?
• What sorts of intellectual creations attract IP protection?
• Who owns those rights?
• What level of exclusivity should the IP owner enjoy?
• When should unauthorised use qualify for a defence?

Having established the conceptual frameworks for the main IP rights, the course then seeks to engage critically with topics of contemporary interest and demonstrate how the law is applied to real-life scenarios. 

The course is aimed at undergraduate students who have completed at least the first year of their degree; recent graduates contemplating a Masters degree in intellectual property law, as well as STEM graduates who would like to gain a grounding in intellectual property law with a view to qualifying as solicitors, barristers or patent attorneys. The course would also be relevant to those currently working in the Creative Industries, or aspiring to do so. 

This course will appeal to both undergraduate and postgraduate students, as well as those in professional employment who would like to obtain a more thorough understanding of intellectual property law and associated issues. The course will equip participants with a thorough understanding of foundational principles of intellectual property law, upon which further knowledge can then be built.

Outcomes

Upon successful completion of this course, students will:

• Gain a knowledge and understanding of the main types of intellectual property rights, and the subject matter each protects; 
• Understand the underlying rationales for granting intellectual property protection, and the balance struck between IPR holders, their competitors, users and the public at large; 
• Appreciate the role that the European Union has played in shaping intellectual property law in the UK; 
• Analyse current policy debates in intellectual property law in their wider social context; 
• Be able to apply the law covered to some problem scenarios and undertake ‘issue spotting’. 

Content

Key topics

Week One

• Introduction to IP (types of IP, social context, justifications for IP) 
• Copyright: protected subject matter 
• Copyright: infringement 
• Copyright: defences; current developments (e.g. generative AI). 

Week Two

• Trade marks: subject matter 
• Trade marks: infringement 
• Trade marks: defences and internet context (e.g. platform liability) 

Week Three 

• Patents: subject matter 
• Patents: infringement 
• Patents: defences, current developments (e.g. AI; access to vaccines/medicine) 
• Course summary and application of the law to some problem scenarios. 

Course structure and assessments

Students will receive three hours per day of taught classes, amounting to 45 hours in total over the fifteen days. Students are expected to complete 100 hours of additional study across the three weeks. 

The summative assessment for the course will consist of a 1,500 word essay.

Students will receive a Certificate of Completion provided that they attend at least 75% of classes and achieve a pass on the summative assessment.

Teaching staff

• Professor Ilanah Fhima (Convener)
• Dr Alina Trapova
• Dr Matt Fisher