Studying at York
Intellectual Property - LAW00036H
Module summary
This module is focussed on intellectual property in the real world. PBL sessions are at the heart of this module and examine a single developing scenario which follows the successes and problems of a start-up business from an initial idea, through product design, brand launch to (perhaps) the post-flotation party. You will gain an understanding of the advantages, and limitations, of intellectual property rights in a commercial context, their usefulness in maintaining competitive advantage, developing a brand and supporting business financing.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Autumn Term 2022-23 |
Module aims
Whether they be Samsung, Apple, Google, Microsoft, Christian Louboutin, or a garden-shed start-up, the great majority of the value of modern businesses is created by their ability to protect the creative effort of their people and the goodwill that they have built in their brand both to stay ahead of their competitors and control piracy. The estimated cumulative value of the world's top ten brands in 2017 exceeded US$ 790 billion.
This Module will provide an introduction to the overall concept of (and the justifications for) 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. It will also explore conflicts of the IP system with concepts of freedom and rights of expression from the open source movement, to creative commons, biopiracy, and patent trolls.
However, the core of this module is intellectual property in the real world. The PBL sessions follow a single developing scenario which follows the successes and problems of a start-up business from an initial idea, through product design, brand launch to (perhaps) the post-flotation party. You will gain an understanding of the advantages, and limitations, of intellectual property rights in a commercial context their usefulness in maintaining competitive advantage, developing a brand and supporting business financing. Most of the problems encountered by the start-up are taken directly from the (long) practice experience of the module leader and give you a real-life understanding of the world of IP and something of what makes a start-up business succeed.
Module learning outcomes
By the end of the module students should be able to demonstrate:
- An understanding of the role of confidentiality, patents, copyright, design rights, performance and moral rights in the protection of ideas and their expression.
- An 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;
- An understanding of the territorial nature of the intellectual property system, the international mechanisms used to address this, and the concept of exhaustion of rights;
- The ability to evaluate the advantages and disadvantages of different intellectual property rights for the protection of a variety of commercial products;
- 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;
- An understanding of the normative justifications for, and the arguments against, the existence of the intellectual property system;
- The ability to apply the knowledge and techniques developed in the module in different contexts; and
- The ability to articulate reasons and proposals for reform or plausible arguments in favour of status quo in a defined area of IP law
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 80 |
| Oral presentation/seminar/exam | 20 |
Special assessment rules
None
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 80 |
| Oral presentation/seminar/exam | 20 |
Module feedback
Students will have the opportunity for a one to one discussion of their work with the Module Leader following award of a grade.
Indicative reading
- David I. Bainbridge, Intellectual Property (Ninth Edition, Pearson 2012)
- Paul Torremans, Intellectual Property Law (Eighth Edition, OUP 2016)
- David I. Bainbridge & Claire Howell Intellectual Property Asset Management (Routledge 2014)