LA6086: Demonstrate knowledge and understanding of the key features of IP law and the legal issues arising from the protection of different IP rights: Intellectual Property Law Coursework, UOEL, UK

CRITERIA

• Demonstrate knowledge and understanding of the key features of IP law
  and the legal issues arising from the protection of different IP rights
• Appreciate the various challenges and calls for reform of the IP system
• Critically analyse the law
• Apply knowledge of the IP rules to problem situations
• Analyse and evaluate the existing law in light of legal and theoretical
  issues raised
• Develop referencing and presentation skills
• Demonstrate oral presentation skills

Question

1. Read the case of Arsenal football club plc v Matthew Reed [2003] EWCA
Civ 696 and answer the following questions:

• What are the facts of the case and what was the legal issue?
• Explain why the European Court of Justice (“ECJ”) view is contrary to
  the view of Laddie J in the English High Court.
• What problems does Laddie J identify with the ECJ ruling?
• What was held by the Court of Appeal?

2. Legal and political philosophers have often debated the status and legitimacy of intellectual property. In so doing, philosophers have typically asked ‘why should we grant intellectual property rights?’ In light of the above statement, critically evaluate the rationales for granting of intellectual property rights.

3. Should creative works such as literature, art and music be protected by
copyright law when they are generated by an artificial intelligence computer
program? Critically assess the protection given for such copyright works in The United Kingdom and in one other jurisdiction of your choice.

4. What is the difference in the scope of the protection of registered and
unregistered designs in the UK? Discuss by reference to statutory provisions
and case law.

5. What is inventiveness in the patent? Evaluate by reference to the relevant case law and discuss the challenges in the assessment of obviousness.

6. The law of registered trademarks has become more flexible and has appeared to adopt many of the attributes of passing off. Based on that statement, critically discuss whether the passing off action has a future?

7. Intellectual Property Law and Competition Law share the same basic
objective of promoting consumer welfare and efficient allocation of resources. However, in some circumstances, the exercise of IPRs conflict with competition law. Based on that statement, critically evaluate the potential concerns arising from the interaction between IPRs and competition law and the perceived tension between them.

Answer

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