Trade Mark Law and Policy

LAWS70262 Trade Mark Law and Policy 30 Semester 1 Postgraduate Taught Level 7 Pinar Oruc Unit coordinator Law 1 FHEQ level (Framework for Higher Education Qualifications) ' Masters/Integrated Masters P4 ' European Credit Transfer & Accumulation System Rating : 15.0 Trade Mark law is one of most rapidly evolving parts of Intellectual Property Rights due to its interdisciplinary nature and its direct impact our daily lives. Consumers’ purchasing decisions are influenced by trade marks (brands) and their reputation while businesses use trade marks as an organisational tool to structure their firms and to attract consumers and gain their loyalty to their products.This course examines the law governing trade marks, their registration and their legal protection through property rights. Trade Marks law has been largely harmonised throughout the European Union and the course will focus on the provisions of the relevant national laws and European Directives and their application by the judgments of the Court of Justice of the European Union. The course will also assess the economic rationale for trade marks through a Law and Economic perspective. The course will also cover topics such as branding, innovation, comparative advertisement as well as parallel importation and the interaction between these areas and the European Trade Mark Law after Brexit. Trade Mark law is one of most rapidly evolving parts of Intellectual Property Rights due to its interdisciplinary nature and its direct impact our daily lives. Consumers’ purchasing decisions are influenced by trade marks (brands) and their reputation while businesses use trade marks as an organisational tool to structure their firms and to attract consumers and gain their loyalty to their products.This course examines the law governing trade marks, their registration and their legal protection through property rights. Trade Marks law has been largely harmonised throughout the European Union and the course will focus on the provisions of the relevant national laws and European Directives and their application by the judgments of the Court of Justice of the European Union. The course will also assess the economic rationale for trade marks through a Law and Economic perspective. The course will also cover topics such as branding, innovation, comparative advertisement as well as parallel importation and the interaction between these areas and the European Trade Mark Law after Brexit. <ul> <li> To provide a detailed understanding of UK,European and International Trade Mark Law, in line with the general aims of the LL.M and those particular to the IP stream of the programme;</li> <li> To provide a detailed knowledge of the registered trade mark system;</li> <li> To assess current and likely developments in UK and European Trade Mark Law ;</li> <li> To explore trade marks as a property and as an economic right.</li> <li> To equip students with the theoretical framework necessary to analyse legal doctrine and developments critically;</li> <li> To develop students’ research skills.</li></ul> <ul> <li> Understand the framework of registered trade mark law as well as comparing and contrasting registered protection with common law protection;</li> <li> Understand the rationale, moral and economic, behind the European Trade Marks system;</li> <li> Understand the interaction of trade marks with advertisement and in particular comparative advertising;</li> <li> Understand the relationship between trade marks protection and the practice of parallel importation.</li></ul> <ul> <li> Apply the specialist knowledge acquired in this course by discussing legal issues critically;</li> <li> Use analytical techniques to address specific legal problems;</li> <li> Develop arguments in a logical and coherent manner.</li></ul> <ul> <li> Research legal and other relevant information from a number of paper and electronic sources, including the World Wide Web;</li> <li> Present complex ideas and legal arguments orally and in writing</li></ul> <ul><li>Develop the analytical, critical, evaluative and presentational skills indicated above</li><li>Understand and apply time-management skills</li><li>Acquire the experience to work as a team member and as a leader of a team.</li></ul> <ul><li>30 hours of lectures(including 2 hours of revision lectures)</li><li>4 seminars (4 hours).</li><li>Feedback and support available in drop-in office hours.</li></ul>All materials, detailed lecture handouts and seminar handouts as well as other forms of guidance will be posted on Canvas. 1 Written exam 100% <ul><li>An optional un-assessed course work will be set and written feedback will be provided on the answers.</li></ul> N <ul><li style="margin-left:29.7pt;">Intellectual Property Law, by L. Bently & B. Sherman, 6th ed. (OUP, 2022). Please note that 7th edition is expected to be published in July 2026.</li><li style="margin-left:29.7pt;">Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights, by W. Cornish, D. Llewelyn & T. Aplin 9th ed., (2019). </li></ul>More details will be announced at first lecture, and will be made available on Canvas beforehand. Assessment written exam 3 0 300