Intellectual Property Law

Intellectual Property Law

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Syllabus

Preliminary: What is Intellectual Property?, Nature of Intellectual Property, Cross-cutting theme, Practical Considerations.

Copyright

Basic Principles: What is copyright, Relationship to other Intellectual Property rights, Copyright as a means of exploiting work

Subsistence of Copyright:Literary, dramatic, musical and artistic works, Sound recordings, films, broadcasts, cable , programmes, Qualification, Duration

Authorship and ownership: Authorship, Ownership, Dealing with copyright , Collecting Agencies, Licensing schemes, Compulsory licences, Licences as of right, The Copyright Tribunal

Moral rights: Right of identification, Right to object, False attribution of work, Right to privacy in photographs and films, Joint works, Duration and transmission, Waiver, Remedies

Infringement:Rights of owners, Acts restricted by copyright, Secondary infringement, Remedies, Presumptions, Criminal Offences

Defences to Infringement: Authorised use, Consent, Public Interest, Non-derogation from grant, Permitted Acts, Fair dealing, Education, Libraries and archives, Public Administration Computer Programmes, Designs, typefaces and electronic forms, Adaptations

New Technology: Computer Programmes, Databases, Computer generated works, Satellite broadcasting, Electronic publishing

European aspects: Treaty of Rome, Harmonisation, International conventions

Rights in performances: Nature and subsistence, Infringement, Exceptions, Remedies, Offences

Breach of Confidence: Development of the Law, The law today, Confidential quality, Obligation of confidence, Unauthorised use, Remedies

Patents: Historical perspective, Justification for

Requirements: Basic requirements, Exclusion from patentability, Ownership of and dealing in patents, Crown use

Infringements: Infringements, Choice of Courts, Remedies, Defences, UK competition law, Criminal offences

European aspects: Treaty of Rome, The Community Patent

Design Law

Nature of a design: Registered designs, Design rights, Comparison with copyright Artistic, aesthetic or functional, Ownership, International aspects, Reform

Registered Designs: Requirements, Ownership of Rights given by registration, Infringement, Defences, Remedies, Licences, Offences, Registration, International protection, Crown Use, EC Directives

Design Right: Subsistence of ,Ownership, Rights of owners, Infringement, Exceptions to Infringement, Defences, Remedies, Semiconductor topography design right

Trade Marks: Rationale, History, Definition, Registration, Unregisterable marks, Assignment, Rights given by registration, Infringement, Exceptions, Defences, Remedies, Offences, Trade marks as property, Surrender, revocation and invalidity, Certification marks, Collective marks

European issues: The European Community, Community Trade Mark, Parallel imports and exhaustion of rights, Split Trade Marks, Registerability & the free movement of goods

Passing Off: Basic requirements for a passing off action, Plaintiff's goodwill, Scope, Nature of misrepresentation, Damage to goodwill, Defences, Remedied, Malicious falsehood

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following:

Level 4 Diploma in Paralegals Studies

Level 7 Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 6

Other Equivalent (please specify)