Module overview
This module introduces students to the foundations of intellectual property law, exploring its key branches and underlying policy justifications. The course examines the main areas of IP protection including copyright, design law, breach of confidence, trade secrets, and geographical indications with particular emphasis on the role of IP in incentivising creativity, innovation, and fair competition. Students will engage with both UK and international perspectives, gaining a critical understanding of how IP rights operate in practice and in policy discourse.
The module begins by addressing the conceptual and theoretical underpinnings of IP, including philosophical, economic, and human rights justifications. Subsequent sections focus on specific regimes: copyright, designs, and breach of confidence/trade secrets, before concluding with an overview of geographical indications and contemporary challenges posed by artificial intelligence.
Key questions explored include:
Why do societies grant IP rights? Who can be considered an author? What does ‘originality’ mean in a copyright context? Do you need permission from the copyright holder to provide links to his/her content over the internet? Can you resell your videogames, eBooks and iTunes music tracks? Do you need permission from the copyright holder to make a parody of his/her work? Why is there such a thing as design right? Can both copyright and design protection subsist at the same time on the same work, and, if so, what are the relevant implications? What legal challenges does artificial intelligence pose for existing IP frameworks? How do human rights and international law influence IP policy and enforcement?
Students are encouraged to engage critically with both doctrinal and policy dimensions of the subject, evaluating the balance between private rights and the public interest. Whilst lecture and tutorial materials are provided, significant emphasis is placed on self-learning, enabling lectures and tutorials to concentrate on specific topics and issues.