UCL Intellectual Property Law CPD Courses 2009-10

The aim of this course is to give students a detailed understanding of the law of copyright and designs in the United Kingdom and the European Union in relation to subject matter such as books, films, computer software, artistic works and performances. The course will focus on issues relating to acquisition of rights and also their infringement and enforcement.

The course will cover:

• Overview, justifications, the international & EC context
• Subject matter and originality
• Qualification, duration, authorship and first ownership
• Infringement: economic rights
• Defences
• Moral rights and Performers' rights
• Remedies
• Designs

• A systematic understanding of the law of copyright and designs in respect of various subject matter such as books, films, computer software, artistic works and performances.
• A critical awareness of the issues and difficulties relating to the acquisition of copyright and design rights, as well as their infringement and enforcement.

Taught by: Dr Ilanah Simon Fhima (UCL) & Prof. John Philips (King's College London)

When:
Mondays: 12noon - 2pm
11 x 2 hours tuition
October - December 2009

The aim of this course is to provide students with a detailed understanding of the law of trade marks in the United Kingdom and the European Union. The course will examine the system for registered marks (including the process of registration, revocation, invalidity and infringement) as well as common law marks.

The course will cover:

• Passing Off
• Registration and subject matter
• Absolute grounds for the refusal of registration
• Relative grounds for the refusal of registration
• Infringement types
• Infringement: trade marke use
• Defences: Section 11 Defences
• Defences: Parallel Importation
• Revocation and invalidity
• Trade marks and human rights.

At the end of the course 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.

Taught by Dr Ilanah Simon Fhima (UCL), Dr Christopher Stothers (UCL & Millbank, Tweed, Hadley & McCloy LLP) and Prof. David Llewelyn (KCL & White & Case LLP)

When:
Thursdays: 5-7pm
11 x 2 hours tuition
October - December 2009

This course is designed to provide an international and comparative study of copyright, authors’ rights, neighbouring rights, moral rights, rights in performances and other related rights. The international Conventions (in particular the Berne Convention and the Rome Convention) will be examined together with the major features of copyright laws in the leading copyright systems and those of other countries as may be of topical and/or student interest. The course also has regard to special matters of contemporary interest: for example, moral rights, cable and satellite broadcasting, private copying, databases and collecting societies.

This course will cover:

• Introduction
• History and justifications
• Berne Convention
• Originality [Berne, UK, USA, FR, DE]
• Authorship [Berne, UK, USA, FR]
• Cinematographic Works [Berne, Common Law / Civil Law]
• Duration
• Economics Rights - reproduction & other materials uses, public performance, broadcasting  cabling, communication to the public
• Moral Rights [Berne, UK, USA, FR, DE]
• Exceptions and limitations [UK, USA; Berne, USA; UK & FR]
• Digital rights management
• Enforcement
• Droit de Suite

At the end of the course students will be enabled to demonstrate the following :

• An understanding of the law of copyright in the United Kingdom, the United States and in other European jurisdictions such as Germany and France.
• The ability to critically analyze international copyright law and in particular international conventions and aspects of private international law concerning copyright.
• A critical awareness of issues and problems relating to copyright law in the European Community (for example, moral rights, cable and satellite broadcasting, private copying, databases and collecting societies).

Taught by Dr Tanya Aplin (KCL) and Dr Makeen F. Makeen (SOAS)

When
Wednesdays: 5-7pm
22 x 2 hours tuition
October 2009 - March 2010

The course examines the laws of trade marks and unfair competition in at least the UK, USA and EU, as well as the many international aspects. Looking at "hot topics" in the area, it compares and contrasts the ways in which different jurisdictions approach the hard questions concerning brands (in the widest sense) and the public interest. Additionally, the course looks at the vexed issues in the law covering designs.

This course covers:

• Introduction and functions of a trade mark
• International systems and introduction to unfair competition
• Passing Off
• US Unfair Competition: Confusion, misappropriation, dilution
• French Unfair Competition
• German Unfair Competition
• Europe: Registered Trade Mark - absolute and relative grounds, scope of protection, infringement, defences, recovation and invalidity
• US: Registered Trade Mark - Registrability, scot of protection, infringement, defences
• Trade Marks and freedom of speech - parody, comparative advertising
• Trade Mark / Design interface
• Parallel Importation
• Geographical indications

The aim of the course is to enlarge and deepen your knowledge and understanding of trade mark laws from an international and comparative perspective, by encouraging you:

• to appreciate the functions of trade marks and related symbols
• to examine their historical and economic development 
• to understand the legal protection of marks in selected common and civil law jurisdictions and contrast differing approaches to trade mark protection
•  to explore the relevance of laws prohibiting unfair competition
• to contrast specific trade mark laws with those on unfair competition
•  to assess the roles of the World Intellectual Property Organisation and the World Trade Organisation in international trade mark law
• to survey the operation and membership of international treaties concerned with trade mark protection and unfair competition
• to apply trade mark principles to specific issues affecting trade, culture, and consumers 
• to review different models of design protection and compare approaches to design protection
• to adopt a critical approach
• to engage in problem-solving
• to develop preferences and propose solutions.

Taught by Prof. David Lewelyn (KCL & White & Case LLP), Dr Ilanah Simon Fhima (UCL) and Prof. Spyros Maniatis (QMUL)

When:
Wednesdays: 2-4pm
22 x 2 hours tuition
OCtober 2009 - March 2010

The aim of this course is to give students an understanding of the application of intellectual property law in the commercial environment, including licensing, joint ventures and franchising.

This course covers:

• Introduction to IP law.  Patents, Trade Marks, Copyright, Designs, Plant varieties, Confidential Information.  Differences between authorship, ownership and the right to exploit.  Commissioned works.  Dealings generally – assignments, different types of licences (sole and exclusive, oral and written, express and implied).  Termination.
• Dealings in Copyrights: Licensing, franchising, merchandising, photos, architects, films, Categories of industry set out in Copinger (?)
• Dealings in Trade Marks: Difference between registered and unregistered rights.  Registered users. Quality Control.  Trusts.  Franchising.  Merchandising.  Right to sue
• Dealings in Patents: Licences and assignments.  Agreements to assign.  Oral and written licences/assignments.  Defining rights.  Compulsory licensing.  International aspects – TRIPS & Doha Declaration.  Right to sue.  Licences of rights.  Registration of assignments/licences.  Assignee/Licensee estoppel.  Patent Pooling.  Standard Setting, Patent ambushes and FRAND.  Crown use.  Employees’ statutory compensation rights.  Dealings in Plant varieties. 
• Dealings in Know How and trade secrets: Nature of the rights, express and implied creation of rights, relative secrecy, licences and assignments.  Oral and written licences/assignments.  Defining rights.  Right to sue.  Employees’ rights.  Restrictions on employees during the post employment.  Unreasonable restraint of trade.  Whistleblowing.
• Dealings in Registered and unregistered designs
• Software licensing, shrink wrap, dealing with software
• IP due diligence in corporate transactions, IP issues in corporate transactions, IP audits.
• The Internet and IP dealings: including domain name disputes, website design/hosting.
• Antitrust and IP dealings: UK, EU and US, EU free movement issues.
• Tax (including Stamp Duty, Corporation Tax and VAT) and IP commercialisation, valuation and securitization.
• Protecting value: Enforcing rights, litigation (interlocutory, full trial, Anton Piller and Mareva), damages and accounts of profits, arbitration (choice of law, choice of forum, enforcement of awards, arbitrable disputes), mediation, ICANN Settlement agreements.

At the end of the course students will be enabled to demonstrate the following:

• A systematic understanding of the various mechanisms for the commercialisation of intellectual property rights, including licencing, joint ventures and franchising.
• A critical awareness of the legal, structural and commercial difficulties arising from the commercialisation of intellectual property rights.
• The ability to critically analyse and interpret the relevant legislation, the case law and legal documentation as well as academic literature in the field.

Taught by Dr Christopher Stothers (UCL), Prof. David Llewelyn (KCL & White & Case LLP), and John Hull (UCL & Eversheds)

When:
Mondays 12-2pm
11 x 2 hours tuition
January - March 2010

TECHNOLOGY AND INTELLECTUAL PROPERTY LAW

The aim of this module is to provide students with a detailed understanding of the application of intellectual property laws, particularly patent law, to new technologies, including, biotechnology, multi media platforms, and information and communication technologies.

This course covers:

• Introduction
• Patenting process & strategy
• Novelty
• Inventive Step & Sufficiency
• Patentable subject matter: software & business method inventions; biotechnological & medical inventions
• Patent infrinfement: construction; infringement acts & exceptions
• Enforcement, litigation & Licensing
• Confidential Information

By the end of this course student will be enabled to demonstrate the following:

• A detailed understanding of the application of intellectual property laws to emerging technologies.
• A critical awareness of the problems raised by emerging technologies for intellectual property law, and potential solutions.
• The ability to critically analyse and interpret all relevant legislation, the relevant case law of the UK courts and the European Court of Justice, and academic literature in the field.

Taught by Daniel Alexander QC (UCL), Dr Matt Fisher (UCL), and Dr Tanya Aplin (KCL)

When:
Thursdays: 5-7pm
11 x 2 hours tuition
January 2010 - March 2010