International Intellectual Property System (P02586)

? Credit Points : 20 ? SCQF Level : 11 ? Acronym : LAW-P-LW0042

The IIPS began developing in the 19th Century in response to the then advances in cross-border trade. As intellectual property laws are territorial, so some mechanism had to be found through which protection could be accorded to authors and inventors as their works were traded abroad. The response, over the ensuing 150 years, was the establishment of a number of international bodies responsible for the development and oversight of a variety of Treaties and Agreements providing both formal and substantive norms which were (and are) in turn translated into domestic law. These measures have had a significant impact on the shape of domestic intellectual property laws, the development of which has quickened with the growth in international trade coupled with innovative technological advances. However there are significant tensions within the system. Many of these have been brought about through linking of IP with trade through the TRIPs Agreement.

This module will examine the IIPS with a particular focus on patents, copyright and trade marks and within the domains of information and communication and international trade. Having analysed the architecture of the IIPS and considered the ways in which the laws are developed and the tensions that have been brought about through linking IP with trade, this module will go on to look in depth at formal and substantive aspects of the Treaties as well as current developments.

Entry Requirements

? Pre-requisites : This module will not cover in any depth substantive aspects of IP law except where they are relevant in the context of the IIPS. It is assumed that students have a basic knowledge of IP law prior to taking this module. If the student has no background knowledge then it is highly recommended that they read Contemporary Intellectual Property: Law and Policy, MacQueen, Waelde and Laurie, OUP 2007 or Lionel Bently and Brad Sherman, Intellectual Property Law, 2nd ed, Oxford University Press: Oxford, 2004. The Introduction should be read in preparation, and then the chapters as they relate to discussion during this module.

Subject Areas

Home subject area

Law, (School of Law, Schedule F)

Delivery Information

? Normal year taken : Postgraduate

? Delivery Period : Semester 2 (Blocks 3-4)

? Contact Teaching Time : 2 hour(s) per week for 10 weeks

Summary of Intended Learning Outcomes

By the end of this module students should be able to:

• conceptualise the IIPS and understand how the constituent parts fit together
• critically comment on the tensions in the IIPS being wrought by linking IP with international trade and the consequences in the international arena
• understand the most important aspects of the Treaties and how those relate to regional and domestic intellectual property laws
• understand the tensions being wrought on the 'international system' through technological developments
• comment on the utility of the enforcement system through which states are encouraged to meet their international obligations.
• critically consider whether the IIPS has a future, and if so, what shape it might take.

Assessment Information

The module will be assessed by way of one essay (5000 words worth 80% of the mark) and one other piece of assessment worth 20% of the mark. This could be a 48 hour take-home exercise and might take the form of a problem question; a response to a policy consultation; the preparation of a poster; the preparation of a power point presentation; or it might be a presentation in class.