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Justifications:
for intellectual property rights; absolute and relative monopolies;
the subject matter of the various monopolies.
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Remedies:
in intellectual property actions (in outline only).
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Sources:
of intellectual property law; international conventions, statute,
case law.
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Confidential
information: theoretical bases; elements of action including:
creation of obligation of confidence; nature of protected information;
defences and remedies; restraining third party use; ‘theft’
of confidential information.
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Copyright:
Copyright, Designs and Patents Act 1988: definition of copyright;
nature and types of protected works; creation and ownership of works;
qualification for protection under the Act; duration of rights; infringement
and remedies (including provisions to circumvent copy-protection);
permitted acts (specified acts which do no infringe copyright) and
defences to infringement; the author’s moral rights including
the right to claim paternity and integrity of his work.
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Industrial
designs: historical context; the exclusion of certain artistic
works from copyright protection, creation and content of the Unregistered
Design Right (Copyright, Designs and Patents) Act 1988; relationship
with Registered Designs Act 1949.
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Protection
against unfair competition: common law approach and its problems.
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The tort of
passing off; (including licensing and character merchandising).
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The tort of
malicious falsehood:
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Registered
trade marks: definition and nature of a trade mark, ownership
of trade marks, securing registration and bars to registration of
a trade mark; removing trade marks from the register; infringement
and defences thereto; impact of the EC Directive on Approximation
of Trade Mark Law in Member States 1992.
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Patents:
impact of European Patent Convention on interpretation of Patents
Act 1977; applying for a patent; types of patent (process and product
patents); conditions for the grant of a patent including novelty,
inventive step, industrial application; exclusions from patentability;
ownership of patents and employee inventions; infringement and remedies.
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Although not
a formal part of the syllabus, students should be aware of the impact
of EU Law on intellectual property through their general reading.
