IP Diploma - Faculty of Law

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Contents
A. Introduction .............................................................................................................................. 1
The Role of the Faculty and University .............................................................................................. 2
Key Contacts ....................................................................................................................................... 2
The Administrative Structure of the Faculty ....................................................................................... 2
Graduate Studies Committee ......................................................................................................... 2
Law Faculty Board ........................................................................................................................... 2
Social Sciences Division/University Education Committee ............................................................ 3
Other Committees .......................................................................................................................... 3
The Oxford Intellectual Property Research Centre (OIPRC)................................................................ 3
The Law Faculty and the St Cross Building ......................................................................................... 3
Oxford Students’ website.................................................................................................................... 3
Visa Information.................................................................................................................................. 3
B. Postgraduate Diploma in Intellectual Property Law and Practice........................................... 4
Aims..................................................................................................................................................... 4
Teaching Arrangements ...................................................................................................................... 4
Residential Programme................................................................................................................... 4
Workshops ...................................................................................................................................... 4
Review and Revision Workshops .................................................................................................... 6
Diploma Mailing List............................................................................................................................ 6
Absenteeism at the Residential Programme and Workshops ............................................................ 6
Course Materials and Past Papers ...................................................................................................... 6
Assessment ......................................................................................................................................... 6
Reading List ..................................................................................................................................... 6
The Notice to Candidates................................................................................................................ 7
Candidates’ Examination Number .................................................................................................. 7
Part I – Submission of Coursework Assignments ............................................................................ 7
Part II – The Two Examination Papers ............................................................................................ 9
Assessment Standards (Part I and II) ............................................................................................ 10
Classification Conventions (Part I and II) ...................................................................................... 10
Re-examination (Part I and II) ....................................................................................................... 11
Examiners’ Reports ....................................................................................................................... 11
Good Academic Practice ................................................................................................................... 11
Plagiarism ...................................................................................................................................... 11
Textbooks and Cases..................................................................................................................... 12
C. General Information about Oxford University Facilities and Support ............................... 14
Libraries ............................................................................................................................................ 14
Computing Services .......................................................................................................................... 14
Your Oxford Single Sign-on Account and Access to Networked Services ..................................... 14
The Faculty Website and WebLearn ............................................................................................. 14
Student Self-Service ...................................................................................................................... 14
IT Facilities in the St Cross Building ............................................................................................... 15
IT/Electronic Research Resources Training ................................................................................... 15
University Rules for Computer Use............................................................................................... 15
Support ............................................................................................................................................. 15
General Sources of Help ............................................................................................................... 15
Help for Students with Disabilities................................................................................................ 16
Education Committees and the Proctors ...................................................................................... 17
OUSU ............................................................................................................................................. 17
Careers ............................................................................................................................................. 17
Alumni .............................................................................................................................................. 17
D. University Policy Statements and Codes of Practice ............................................................. 19
Policies ............................................................................................................................................. 19
Feedback .......................................................................................................................................... 19
Complaints ....................................................................................................................................... 19
Teaching ........................................................................................................................................ 19
Quality of Library Provision........................................................................................................... 19
Academic Appeals ......................................................................................................................... 19
Further Information about Complaints ........................................................................................ 20
Skills Training .................................................................................................................................... 20
Faculty, College and Library Resources ........................................................................................ 20
University Resources..................................................................................................................... 20
A. Introduction
The Oxford Postgraduate Diploma in Intellectual Property Law and Practice (the “Diploma”) is a
masters-level vocational course for people embarking on a career in IP law and practice. It is a oneyear, part-time course designed to give junior practitioners a grounding in the fundamentals of IP law
and practice. It is taught by senior practitioners and academics, and represents a unique collaboration
between the Oxford Law Faculty and the Intellectual Property Lawyers’ Association.
The people listed in the table below (see section A.2 “Key Contacts”) will be glad to provide or to find
any further information that you may need. Please bear the following in mind in using this Handbook:
 The Handbook provides a guide to the rules for each degree programme, but in case of any conflict,
the University of Oxford Examinations Regulations (published in the “Grey Book”) prevail.
Amendments to the Regulations are published from time to time in the University of Oxford
Gazette and updated in the online version available at: www.admin.ox.ac.uk/examregs/.
 You can find a great deal of further information (in particular, information about members of the
Faculty and their work) on the Law Faculty website: www.law.ox.ac.uk.
 The Law Faculty Office communicates with Diploma students by way of messages to the Diploma
Mailing List, and we expect you to be reading those messages more-or-less daily.
Dev Gangjee
Course Director
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1.
The Role of the Faculty and University
Students taking the Diploma at Oxford are members of Oxford University generally, and of the
University’s Law Faculty. At graduate level, it is the Faculty which plays the principal role in organising
students’ teaching and supervision, and monitoring their academic progress. It consists of all college
and University staff who are involved in the teaching of law. Its members meet regularly to discuss its
affairs. There are also subject groups within the Faculty consisting of members with a particular
interest in the various subjects. The Faculty is led by the Dean, who also serves as the Chair of the
Faculty Board. The Faculty holds annual elections of its members to the Faculty Board, which takes an
executive role on behalf of the Faculty. The Board has a number of committees. Students are also
represented on it and on some of its committees, such as the Graduate Studies Committee. The
Faculty Board has a Chair and a Vice-Chair, and includes a Director of Undergraduate Studies, a
Director of Graduate Studies (research degrees) and a Director of Graduate Studies (taught degrees).
The University constitutes the overall academic structure within which the various programmes run
(it is responsible for defining syllabuses, for example, and running official examinations). It also
provides sports, welfare, careers, language teaching and IT facilities. It describes its arrangements and
facilities on the University website (and in particular the information under the ‘Oxford students’ link
on the homepage), and, in more detail, in the literature which students receive upon or after entry,
such as the Proctors’ and Assessor’s Memorandum.
2.
Key Contacts
For the most part, your key contacts will be your course administrator and course director. However,
on occasion you may have a need to contact the Faculty, in which case principal contacts are set out
below:
Victoria Campbell
Dev Gangjee
Mindy Chen-Wishart
Paul Burns
Charlotte Vinnicombe
Diploma Administrator
Diploma Course Director
Director of Graduate
Studies for taught courses
Academic Administrator
Head of Administration
and Finance
victoria.campbell@law.ox.ac.uk
dev.gangjee@law.ox.ac.uk
mindy.chen-wishart@law.ox.ac.uk
271457
paul.burns@law.ox.ac.uk
charlotte.vinnicombe@law.ox.ac.uk
271495
271560
276358
The area code for the above telephone numbers is 01865.
As a general rule, you should in the first instance direct all queries to Victoria Campbell (01865
271457 or victoria.campbell@law.ox.ac.uk). She can then relay them to Diploma Course Director if
the matter in question requires his involvement.
3.
The Administrative Structure of the Faculty
From a Graduate student perspective, the elements of the administrative structure with which it may
be useful for you to be familiar are as follows:
i.
Graduate Studies Committee
The principal body responsible for making decisions on graduate matters is the Faculty’s Graduate
Studies Committee (GSC), which meets in Weeks One and Six each term. Its membership is made up
of Faculty members with particular interests in graduate studies, and student representatives for
graduate law courses and for the MSc in Criminology. The GSC is chaired by the two Directors of
Graduate Studies (taught and research) to whom the Committee delegates certain responsibilities.
ii.
Law Faculty Board
On certain matters, GSC has the power to act autonomously; on others, it makes recommendations
to the Law Faculty Board which is the governing body of the Law Faculty. The Law Board includes the
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Directors of Graduate Studies; most other members are elected from the Faculty, and student
representatives attend its meetings. The Law Board is responsible for administering and overseeing
all teaching and examining in the Faculty, and for facilitating legal research. It meets twice a term in
second and seventh weeks, and in the fifth week of the Summer vacation.
iii.
Social Sciences Division/University Education Committee
Whilst the Law Board has authority to make decisions about most student-related matters, or delegate
those decisions to GSC, there are certain occasions on which it is required to seek approval from one
of the Committees of the Social Sciences Division which itself may then need to refer the matter to
the University Education Committee.
iv.
Other Committees
The IP Diploma has its own management committee which meets once a term and reports to GSC, and
there is a Committee for Library Provision which deals with matters relating to the functioning of the
Bodleian Law Library. There are also a number of Faculty committees which deal with matters less
directly associated with graduate student concerns (Planning and Resource Committee, Development
Committee, Appointments Committee).
4.
The Oxford Intellectual Property Research Centre (OIPRC)
The OIPRC was established in 1990 at St Peter’s College by Faculty member, Peter Hayward, with an
initial gift from the Hitachi Foundation. The OIPRC became a centre of the Faculty of Law in October
2008, taking its place as part of a growing number of inter-disciplinary centres at the Faculty of Law.
During term time, the OIPRC runs a weekly IP seminar series on Thursdays at 5.15pm at St Peter’s
College. It also hosts an annual International IP Moot competition in March. Details of these events
and others run by the OIPRC are available at www.oiprc.ox.ac.uk. As a graduate student on the
Diploma course, you will also be informed of these events and many more through the Diploma
Mailing List (see section B.3 ‘Diploma Mailing List’ below).
5.
The Law Faculty and the St Cross Building
The Faculty’s physical location is the St Cross Building, on the corner of St Cross Road and Manor Road
(see http://www.law.ox.ac.uk/about/location.php for further directions), which houses the Faculty’s
administrative offices. To find the Faculty Office, follow the flight of steps up the outside of the
building to the second landing and go through the sliding door on your right (the Faculty Office is the
first office on the right). It also houses the Faculty’s principal lecture and seminar rooms – the
Gulbenkian Lecture Theatre, the White & Case lecture theatre, the Cube, and Seminar Rooms C-G. At
the top of the building is the Bodleian Law Library. As well as holding the library’s collection of legal
texts, it also houses the Freshfields Bruckhaus Deringer IT Room and the Baker & McKenzie room – an
additional seminar room. Further information about the Library is provided in section C.1 below.
6.
Oxford Students’ Website
For general information about all aspects of student life, academic matters, fees, social activities,
health and welfare, please refer to the University’s webpage ‘Oxford Students’ at:
http://www.ox.ac.uk/students. This is a very useful resource, covering information from all sorts of
areas of the University’s activities and is a good starting point if you have queries on almost any subject
which doesn’t pertain specifically to the Law Faculty itself. For more information about other useful
University resources, please refer to section C ‘General Information about Oxford University Facilities
and Support’ below.
7.
Visa Information
For information about all matters relating to visas, please refer in the first instance to the webpage at
http://www.ox.ac.uk/students/visa.
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B. The Postgraduate Diploma in
Intellectual Property Law and Practice
1.
Aims
The Diploma aims to:
 provide students with an advanced knowledge and understanding of core aspects of intellectual
property (IP) law and practice;
 encourage and enable students to use IP law in the mediation of competing interests;
 provide students with an appreciation of the role of IP rights in different commercial and other
professional contexts, and encourage their development of the necessary intellectual and practical
skills for analysing and harnessing that role;
 enable students to develop both a generalist’s understanding of IP law and practice, and a
specialist’s comprehension of certain technical and procedural skills.
Details of how these aims are pursued are in the Diploma programme specification available at:
denning.law.ox.ac.uk/published/documents.shtml.
2.
Teaching arrangements
The programme is offered on a part-time basis over one academic year and has two components: a
Residential Programme and a series of Workshops.
i.
Residential Programme
The Residential Programme will be held at St Catherine’s College from 31 August 2014 to 12
September 2014. This comprises a ten-day programme (over a two week period) providing intensive
teaching by academics and experienced practitioners in the following areas of IP (and related) law:
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ii.
Patent law
Trade mark law
Passing-off
Copyright
Copyright protection for computer software and databases
Designs
Trade secrets
Jurisdiction in intellectual property actions
Conducting patent infringement actions
Conducting IP litigation (other than patent litigation)
International and European aspects of IP
Ownership
Taxation and IP
Using IP as security
IP aspects of corporate transactions
Workshops
There are six workshops held in London and hosted at law firms throughout the year focusing on
aspects of IP practice and procedure. The workshops are as follows (please note that some of the
venues and tutors are still to be confirmed, although we are expecting only minor changes. A final list
of tutors and venue will be emailed to you in advance of each Workshop):
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Workshops
Trade Marks and Passing Off
Date:
4 October 2014
Venue:
Baker & McKenzie, 100 New Bridge Street, London, EC4V 6JA
Tutors:
Nick Aries (Bird & Bird), Peter Brownlow (Bird & Bird), Jeremy Dickerson
(Burges Salmon), Paul Harris (Pillsbury), Stephen Jones (Baker & McKenzie),
Katharine Stephens (Bird & Bird)
Patents 1
Date:
22 November 2014
Venue:
Hogan Lovells, Atlantic House, Holborn Viaduct, London, EC1A 2FG
Tutors:
Robert Anderson (Hogan Lovells), Brian Cordery (Bristows), Sally Field
(Bristows)
Patents 2
Date:
17 January 2015
Venue:
Simmons & Simmons, City Point, One Ropemaker Street, London, EC27 9SS
Tutors:
Zoë Butler (Powell Gilbert), Brian Cordery (Bristows), Penny Gilbert (Powell
Gilbert), Sally Field (Bristows), Scott Parker (Simmons & Simmons), Richard
Price (Winston & Strawn)
IP Aspects of Commercial Transactions
Date:
28 February 2015
Venue:
Simmons & Simmons, City Point, One Ropemaker Street, London, EC27 9SS
Tutors:
Michael Gavey (Simmons & Simmons), Angus McLean (Simmons & Simmons)
Copyright
Date:
14 March 2015
Venue:
Dentons, One Fleet Place, London, EC4M 7WS
Tutors:
Jonathan Ball (Norton Rose Fulbright), Shona Harper (Dentons), John Linnekar
(Dentons), Catriona Smith (Rouse)
Designs
Date:
25 April 2015
Venue:
Dentons, One Fleet Place, London, EC4M 7WS
Tutors:
Sara Ashby (Redd), Simon Chalkey (Redd), Michael Hicks (Hogarth Chambers),
Charters Macdonald-Brown (Redd)
The Workshops are led by experienced IP practitioners and involve discussion of particular case studies
and scenarios as well as various practical exercises, including written and oral presentations. There
are opportunities for students to present their own ideas for discussion by groups of their peers and
the workshop leaders. Refreshments and lunch will be provided. The Workshops usually start at
9.30am and finish by 5.00pm.
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iii.
Review and Revision Workshops
There are 3 one-day Workshops designed for review or revision, as follows. They are expected to be
held in London and hosted at law firms. Details will be confirmed nearer to the time.
Patents (Review)
Date:
15 November 2014
Venue:
Freshfields Bruckhaus Deringer, 65 Fleet Street, London, EC4Y 1HS
Tutor:
Justine Pila
Revision workshop 1 (Patents and Copyright)
Date:
6 June 2015
Venue:
To be confirmed
Tutor:
Justine Pila
Revision workshop 2 (Trade Marks and Designs)
Date:
13 June 2015
Venue
To be confirmed
Tutor:
Graeme Dinwoodie and Dev Gangjee
3.
Diploma Mailing List
The Faculty’s principal means of communicating with students is via the Diploma email list, to which
all students’ email addresses are automatically subscribed. Diploma email list messages have an
“[DIP]” prefix in the subject line. If you are not receiving “[DIP]” emails, or to change your email
address which is included in the Diploma Mailing List, please notify the Diploma Administrator.
4.
Absenteeism at the Residential Programme and Workshops
For accreditation purposes, attendance is taken for each day at the Residential Programme and the
workshops. If you are unable to attend any session(s) of the Residential Programme or Workshop,
please let the Diploma Administrator know by email why you are unable to attend. Your sponsor
reserves the right to ask for a report on attendance for the Diploma.
5.
Course Materials and Past Papers
Course materials for the Residential Programme and Workshops will be available on the Diploma
Weblearn site. Once course materials have been uploaded onto Weblearn, an email informing you of
this will be sent through the Diploma Mailing List. An archive of past examination papers is also
available on this site.
6.
Assessment
Assessment is divided into two parts; Part I consists of five coursework assignments based on five of
the Workshops (as set out in section B.6.iv “Part I - Submission of Coursework Assignments” below)
and assessed throughout the academic year, and Part II consists of two two-hour unseen written
examination papers in June/July 2015 based on elements of the course covered in the residential
programme and the cases listed under Essential Reading on the reading list.
i.
Reading List
The core reading list for the Diploma will be provided before the Residential Programme and updated
once, towards the end of the course. This core list has two components: (a) for examination purposes,
students should familiarise themselves with the cases and materials listed under “Essential Reading”.
(b) For those who would like to know more about specific areas in greater detail, additional material
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is provided under “Further Reading”. An updated core list will be circulated after the cut-off date of
28 May 2015 (i.e. the Designs coursework submission date). Candidates are not required to have
detailed knowledge of developments and cases after the cut-off date. Apart from the core list, course
tutors may provide their own lists to students (e.g., listing materials to be read prior to a lecture or
workshop). However students will not be examined on the additional materials contained in such lists.
ii.
The Notice to Candidates
The examination process is the responsibility of a Board of Examiners, members of which are
nominated by the Law Board and appointed by the University. The Board of Examiners issues a Notice
to Candidates (known as the “Examiners’ Edict”) in early October 2014, giving full details of
examination procedures and requirements plus the timetable. The Examiners’ Edict is sent to each
candidate by email attachment and also by hard copy. It is important that students read this carefully
and keep it for future reference; there are procedures to be observed and deadlines to be met.
Candidates for examinations may not directly contact the Board of Examiners or the University
Proctors, who have certain powers in connection with the conduct of examinations (such as granting
permission for late submission of written work, and approving special arrangements for candidates
with disabilities). Any queries or difficulties concerning examination matters should be referred at
once to the Diploma Administrator. Should it be necessary to apply to the Proctors, the Diploma
Administrator will do so on your behalf. What follows is preliminary information and an outline of the
instructions and information which will be dealt with in the Edict.
iii.
Candidate’s Examination Number
In all examinations, candidates are identified only by their examination number, which will be notified
to you by the Diploma Administrator. Only your examination number (not your name) should be
quoted on written work or examination scripts submitted to the examiners.
iv.
Part I - Submission of Coursework Assignments
The coursework assignments are distributed to students during the five weekend Workshops below.
The assignments relate to each of the Workshops and generally take the form of a practical exercise,
such as the drafting of statements of case or instructions to counsel. The submission deadlines for the
assignments are listed in the table below:
Coursework Assignment
Distribution Date
Submission Deadline
Trade Marks and Passing off
4 October 2014
1pm, 31 October 2014
Patents 1
22 November 2014
1pm, 19 December 2014
Patents 2
17 January 2015
1pm, 13 February 2015
Copyright
14 March 2015
1pm, 15 April 2015
Designs
25 April 2015
1pm, 28 May 2015
If you are unable to attend a Workshop, please inform the Diploma Administrator at least one week
beforehand. It is each individual student’s responsibility to ensure that they obtain a copy of each
assignment and meet the submission deadline. Extensions are not granted due to a student’s absence
from the Workshop at which the assignment was distributed.
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If you have any queries about the content of the coursework assignment, you must submit your
queries within two weeks after the coursework assignment has been handed out. Queries received
after the two week period will not be entertained.
In preparing assignments for submission, students should note the following rules which will be strictly
enforced.
The word-limit for each assignment is 3000 words unless otherwise stated in the coursework
assignment question paper, inclusive of footnotes. There is an allowance of an extra 3% above the
3000 words. The assignment must be typed and the pages numbered. Each assignment should have
a cover sheet attached to it containing the title of the assignment (e.g. Patents 1), your examination
number and the number of words used. Assignments should be stapled, not held together by a paper
clip.
You should take seriously the word limit imposed. If a candidate exceeds the word limit the Examiners
may decide not to proceed with the examination of the work. If they do proceed, they may reduce
the mark.
The University has strict rules for the submission and examination of coursework assignments. Two
type-written copies of each assignment must be delivered in an envelope to the Clerk of Schools,
Examination Schools, 75-81 High Street, Oxford OX1 4BG. The envelope should be addressed to The
Chair of Examiners for the Diploma in Intellectual Property Law and Practice, and your examination
number should be written in the top right-hand corner of the envelope. With each assignment you
must include a statement, signed by yourself, that, except where otherwise stated, the assignment is
entirely your own work, and that no help was received, even bibliographical, with its preparation. To
assist you, a template Declaration of Authorship is included with each question paper. Delivery may
be by hand, by courier service, or by registered post, but, if not made by hand, the envelope containing
your written work (addressed as instructed above) must be placed inside a delivery envelope which
should be addressed to The Chair of the Diploma in Intellectual Property Law and Practice, c/o The
Clerk of the Schools, Examination Schools, 75-81 High Street, Oxford OX1 4BG. However delivery is
made, the package must arrive by the deadline (as set out in section B.7.iv “Part I - Submission of
Coursework Assignments” above). You are strongly advised to obtain proof of collection by a courier
service or proof of posting. It is your responsibility for ensuring that your submission arrives in time
by the deadline stipulated.
At the same time as you submit hard copies of each assignment to the Examination Schools, you must
also submit electronically a copy of that assignment to the Diploma Administrator. A random sample
of assignments will be checked for plagiarism using the Turnitin software.
There are strict rules governing late submission. Hard copies of your coursework assignments have to
be received by the Examination Schools by the deadline. An assignment submitted late (even a few
minutes past the deadline, or even if the electronic copy has been submitted by the deadline) is not
released to the examiners but is held in the Examination Schools and the Proctors informed. If there
is a risk that you will not be able to meet the deadline for submission, you should as early as possible
consult the Diploma Administrator, who will on your behalf contact the Proctors explaining the reason
for late submission and requesting an extension of the deadline for you. There must be ‘reasonable
grounds’ for the grant of an extension (e.g. ill-health). The Proctors may permit you to remain in the
examination and to submit the written work late, but will impose a late presentation fee (to cover
administrative costs). In addition, the Proctors may give leave to the Examiners to impose an academic
penalty. Further information concerning late presentation fees and academic penalties is given in the
Examiners’ Edict (see section B.6.ii ‘The Notice to Candidates’ above).
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If you consider that your performance in the coursework assignments will be, or has been, affected by
acute illness or some other urgent cause of which the Examiners have no knowledge, you may,
through the Diploma Administrator, inform the Proctors of these factors. Usually this will involve
submitting a medical certificate. The Proctors will pass the information to the Chair of Examiners if,
in their opinion, it is likely to assist the Examiners in the performance of their duties. If you fail to
submit a coursework assignment without having obtained the prior permission of the Proctors, you
are deemed to have failed the entire Diploma examination (not just that particular part of the
examination) unless the Proctors give instructions to the Examiners about reinstating you. You should
consult the Diploma Administrator if any of these situations apply to you. (See further: Examination
Regulations,
Part
11:
http://www.admin.ox.ac.uk/examregs/0811_Part_11_Acute_illness_or_other_urgent_causes_affecting.shtml).
Be sure to back-up your work. The Proctors do not look sympathetically on requests for late
submission of assignments in cases where computer data have been lost or stolen and back-up copies
either were not made or were not kept separately. Similarly, the Proctors are unlikely to accept
computer or printer break-down or viruses and other software problems as a legitimate reason for
requesting extra time.
The standards applied in the assessment of Diploma assignment answers will be the same as the
standards applied in the assessment of Diploma written examinations, detailed below.
v.
Part II - The Two Examination Papers
The written examination papers to be taken on Monday 29th June 2015 will assess the substantive law
elements of the course covered in the residential programme and reading-list. Candidates will be
required to answer two questions (an essay question and a problem question) on each of the two twohour papers. The two papers are Intellectual Property I and Intellectual Property II.
The examination will be unseen. Candidates are permitted under certain conditions to bring into the
examination room their own copies of the Butterworths Intellectual Property Law Handbook, 11th
edition. The Handbook that you bring into the examinations must comply with strict conditions. A
notice of these conditions will be sent to you in due course, but, in the meantime, please note that
the copy you bring into the examination room must be absolutely clean and unmarked (including
highlighting).
Scripts are hand written, so it is very important that your handwriting is legible; if the Examiners are
unable to read your script, you will be required to have it typed out at your own expense. The Proctors
may authorize special arrangements (e.g. extra time, use of a word processor) for candidates who for
medical or other reasons have special needs. If this applies to you, please contact the Diploma
Administrator as early as possible but no later than the end of January 2015. See further: Examination
Regulations
2014,
Part
10.
http://www.admin.ox.ac.uk/examregs/0810_Part_10_Candidates_with_Special_Examination_Needs.shtml.
If you consider that your performance in an examination will be, or has been, affected by acute illness
or some other urgent cause of which the Examiners have no knowledge, you may, through the
Diploma Administrator, inform the Proctors of these factors. Usually this will involve submitting a
medical certificate. The Proctors will pass the information to the Chair of Examiners if, in their opinion,
it is likely to assist the Examiners in the performance of their duties. If you fail to attend a written
examination paper without having obtained the prior permission of the Proctors, you are deemed to
have failed the entire Diploma examination (not just that particular part of the examination) unless
the Proctors give instructions to the Examiners about reinstating you. You should consult the Diploma
Administrator if any of these situations apply to you. (See further: Examination Regulations, Part 11:
http://www.admin.ox.ac.uk/examregs/089
11_Part_11_Acute_illness_or_other_urgent_causes_affecting.shtml).
vi.
Assessment Standards (Part I and Part II)
The University requires examination scripts and other written work to be marked on a scale from 1 to
100. Marks of 70 or above are Distinction marks, and marks of 50-69 are Pass marks. Marks of 49 or
below are Fail marks. The standards applied to the assessment of the coursework assignments (Part
I) and written examination paper scripts (Part II) are given below:
Distinction (70% and above): Distinction answers are those that represent an excellent level of
attainment for a student at Postgraduate level. They exhibit the following qualities:
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acute attention to the question asked;
a deep and detailed knowledge and understanding of the topic addressed and its place in
the surrounding context;
excellent synthesis and analysis of materials, with no or almost no substantial errors or
omissions, and coverage of at least some less obvious angles;
excellent clarity and appropriateness of structure, argument, integration of information and
ideas, and expression;
identification of more than one possible line of argument;
advanced appreciation of practical arguments concerning the topic, substantial critical
facility, and personal contribution to debate on the topic.
Pass (50-69%): Pass answers represent a level of attainment which, for a student at Postgraduate
level, is within the range acceptable to very good. They exhibit the following qualities:
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attention to the question asked;
a clear and fairly detailed knowledge and understanding of the topic addressed and its place
in the surrounding context;
good synthesis and analysis of materials, with few substantial errors or omissions;
a clear and appropriate structure, argument, integration of information and ideas, and
expression;
identification of more than one possible line of argument;
familiarity with practical arguments concerning the topic, and (especially in the case of high
pass answers) a significant degree of critical facility.
Fail (below 50%): Qualities required for a pass answer are absent.
vii.
Classification Conventions (Part I and Part II)
Marks are awarded for each coursework assignment (Part I) and for each written examination paper
(Part II), giving an overall profile of seven marks. Classification is determined by the application of
conventions. It is important to appreciate that these conventions are not inflexible rules. The
Examiners have a residual discretion to deal with unusual cases and circumstances. Subject to that
caveat, the conventions that will normally be applied are as follows:
(a) For the award of the Diploma there must be no mark below 50 in any of the course work
assignments (Part I) or examination papers (Part II). A mark below 50 may not be
compensated by very good performance elsewhere.
(b) For the award of a Distinction in the Diploma a candidate must achieve in the same
examination year marks of 70 or above in three or more papers, including in at least one of
10
the examination papers (Part II), and must have no mark below 55 in any paper. For this
calculation, the assignments count as five papers and the examination papers count as two
papers (making a total of seven papers in all).
viii.
Re-examination (Part I and Part II)
Candidates who fail or withdraw from the whole or part of the Diploma examination may offer
themselves for re-examination in the immediately following academic year only. However, the
Education Committee and Proctors may permit later partial re-takes in exceptional circumstances.
Candidates who fail any of the seven papers (five coursework assignments and two examination
papers), or who withdraw before submission of all seven papers, may re-take in the following
academic year, any paper in which they achieved a mark of 49 or below, and may carry forward the
marks of any paper they passed (marks of 50 or above).
ix.
Examiners’ Reports
Examiners’ reports from previous years can be found on the Faculty’s website at
http://www.law.ox.ac.uk/publications/handbooks.php
7.
Good Academic Practice
i.
Plagiarism
You are reminded that the work that you present for your examination (this includes assignments,
projects, dissertations and examination papers) must be your own work and not the work of another
individual. You should not quote or closely paraphrase passages from another source, be that a book,
article, web page, another student’s work or other source, without acknowledging and referencing
that source. If you do present other people’s work as your own work you are committing plagiarism.
This is cheating and the Faculty and the University treat any alleged offence of plagiarism very
seriously.
The
University’s
definition
of
plagiarism
can
be
found
at:
http://www.ox.ac.uk/admissions/postgraduate_courses/apply/legal_information/plagiarism.html.
The
University’s
Education
Committee
has
developed
a
website
(http://www.ox.ac.uk/students/academic/goodpractice/) that gives useful advice about all aspects of
plagiarism – why it matters, how to avoid it, what happens if you are suspected of plagiarism etc. It
also provides a list of related documents which includes advice from other institutions, and about
academic good practice more generally. For law students, there are particular things to watch for:
Getting ideas from other students work
Law students often "borrow" work from other students in their own year or from students in the year
above. If the work is directly copied them this will clearly be an obvious form of plagiarism but you
also need to be aware that taking the structure and ideas from this work can also be plagiarism unless
the source is acknowledged. Although it may sometimes be helpful to see how others have tackled
issues, an important part of the learning exercise in Oxford is to work out how to present an answer
yourself. This is often an intellectual struggle but it is an important part of the educational process.
By borrowing the work of others you therefore not only risk plagiarism but you are also less likely to
develop your own intellectual abilities fully.
Articles etc.
You will be expected to read many articles as part of your tutorial preparation. Students often find it
difficult to know how to incorporate these into their own written work. The temptation is there to
"lift" bits from the introduction and conclusion of the article, or odd sentences from it. Usually, an
11
article will be presenting an argument which is, to some extent, original and the author makes the
case for this argument in the detailed text. You may wish to use this article in a variety of different
ways but it is important to bear in mind that it is not only verbatim quotations and paraphrases that
need to be properly referenced but also the overarching argument that the author makes. Therefore,
even if you are not using any of the detailed wording of the article, you must still acknowledge the
author's intellectual input if you are drawing on the argument that (s)he makes.
A brief example:
Source text, from S Bright and B McFarlane, Proprietary Estoppel and Property Rights (2005) 64
Cambridge Law Journal, 449, 455.
It can therefore be argued that proprietary estoppel, like wrongs, unjust enrichment and other nonconsensual sources of rights, always gives rise to an underlying personal liability which may, in some
circumstances, be coupled with a property right. As A's personal liability will persist after a transfer of
the land in respect of which the proprietary estoppel claim arose, it may well be that B has no need of
a property right to protect his reliance: instead B is adequately protected through his personal right
against A.
Plagiarised
Proprietary estoppel always gives rise to personal liability and may also generate a property right, but
a person to whom a representation is made will not always need a property right to adequately protect
his reliance.
(This is plagiarism. Even though there is little verbatim copying it paraphrases the argument of Bright
and McFarlane without acknowledging the source of this argument.)
“Proprietary estoppel, like wrongs, unjust enrichment and other non-consensual sources of rights,
always gives rise to an underlying personal liability”1 and sometimes the courts will give a property
right if necessary to protect reliance.
(This is also plagiarism. Although the first part of the sentence is correctly attributed, the implication
is that the second part is the original idea of the writer.)
Non-Plagiarised
Bright and McFarlane argue both that proprietary estoppel gives rise to personal liability and, further,
that this will sometimes be coupled with a property right, but only if it is necessary to protect the
reliance of the person to whom the representation was made.2
(This is not plagiarism as it clearly attributes the whole of the argument to Bright and McFarlane, and
cites the source).
ii.
Textbooks and Cases
A particular challenge for law students is how to use text books correctly. The most obvious form of
plagiarism is where students closely follow the wording of textbook writers. This often occurs
(unintentionally) where students have taken notes from a textbook and then use these notes to form
the basis of their essay.
1
2
S Bright and B McFarlane, Proprietary Estoppel and Property Rights (2005) 64 Cambridge Law Journal, 449, 455
S Bright and B McFarlane, Proprietary Estoppel and Property Rights (2005) 64 Cambridge Law Journal, 449, 455
12
It also occurs where students use the structure adopted by a text book writer in order to organise the
essay.
By way of illustration, the author of a text book may set out that a general principle can be manifested
in one of 3 ways, and then set out those 3 ways. To the student, this may appear uncontroversial and
as ‘the only’ way that the topic can be understand. It is likely, however, that other writers will present
the material differently. The breakdown of the principle into those 3 ways is the author’s work, and if
this structure is adopted, the author must be acknowledged.
Students often use text-books too closely without being aware that this constitutes plagiarism and will
say to tutors: “…but X put it so clearly and I could not put it better”, or “…lots of writers break down
this principle into those 3 ways”. This does not justify plagiarism. If a text book writer is being relied
on, the writer must be acknowledged.
The same applies with respect to cases. The reasons for citing a case are therefore two-fold: first, as
an authority for a proposition of law, in which case you will generally be citing the case itself; and
second, as the source of a statement about the law, in which case you will generally be citing the court
or a judge.
If, having referred to the above and to the University website, you are still unsure how to reference
your work properly, and would like further advice, you should contact your Tutor or Director of Studies
for guidance.
13
C. General Information about Oxford
University Facilities and Support
1. Libraries
The Law Faculty is lucky to have a superb library resource in the form of the Bodleian Law Library,
which has an excellent, extensive collection, providing support for the teaching and research needs of
our students. It is a library of legal deposit, with the largest law collection in the United Kingdom. It
offers not only its collection of books, but access to all relevant legal electronic databases and online
journals. All books on the reading lists are placed at the library's reserve desk, for ease of access. As a
member of the University you are also able to use any of the other 40 libraries which are part of the
Oxford University Library Service.
Books in the law library may not be borrowed: they must be read in the library, this ensures they are
always available when you need them, and there are self-service photocopying facilities. Public access
computers are available in several areas of the Library, including the Freshfields Bruckhaus Deringer
IT Room. They provide access to the catalogue and the extensive range of databases provided by
Oxford University Library Services. PCs in the Freshfields Bruckhaus Deringer IT Room also give access
to word processing and other computing applications. Students’ own laptops may be used in the
Library, which has wireless and ethernet access. The Baker & McKenzie Seminar Room is available
for small group discussions when not in use for seminars.
2. Computing Services
i. Your Oxford single-sign on account and access to networked services
Your Oxford single-sign on account is your main access to University online services. It is essential that
you activate your account. It gives you access to all the main Oxford University services, including
Student Self-Service, electronic library services, such as Lexis, Westlaw and online journals; Oxford
email
(https://nexus.ox.ac.uk/);
and
WebLearn
(https://weblearn.ox.ac.uk/portal/hierarchy/socsci/law), where reading lists and course materials are
available. For more information about IT Services see http://welcometoit.ox.ac.uk. IT Services is at 13
Banbury Road, phone 273200, fax 273275 or e-mail help@oucs.ox.ac.uk.
ii. The Faculty website and WebLearn
The public Faculty website (www.law.ox.ac.uk) provides information about courses, news and events,
graduate discussion groups, how the Faculty works, Faculty members, much detail relevant to
undergraduate and postgraduate study, links to Faculty centres, specialisations, publications, library
and computing facilities and more.
The Faculty website has two sections, the public site, and the intranet site. Reading lists and course
materials are held on WebLearn (https://weblearn.ox.ac.uk/portal/hierarchy/socsci/law). All students
have their own password-protected ‘My WebLearn’ site on WebLearn which provides calendars and
some file storage. For help with WebLearn, please contact the Diploma Administrator.
iii. Student Self-Service
Student Self-Service provides web access to important information that you will need throughout your
academic career. You are able to register, view and update your personal and academic information
14
throughout
your
studies
at
Oxford.
http://www.ox.ac.uk/students/studentselfservice/
For
further
information,
see
iv. IT facilities in the St. Cross Building
Most of the computing provision for students in the St. Cross Building is within the Bodleian Law
Library (BLL). The Freshfields Bruckhaus Deringer IT Training Room has 26 networked computers,
giving access to all the online resources within the Library and University. Word and other Microsoft
Office applications and EndNote are available on these computers. It is necessary to use a USB key to
save documents on these computers.
The Freshfields Bruckhaus Deringer IT room is available for general use when not being used for
teaching. There are also networked computers in the upstairs gallery computer room, and more at
various positions around the library. Kurzweil software, which allows blind readers to listen to pages
of a book being read aloud, is also available in the BLL, but it must be booked in advance.
The main reading room has wireless access and there are power points at the ends of several desks.
For more information ask at the library. Do not leave your laptop unattended in the library or
anywhere else – cables for securing your laptop are available at the library enquiry desk or at any
computing shop.
v. IT/electronic research resources training
The library’s electronic holdings are accessible via SOLO: http://solo.bodleian.ox.ac.uk and OxLIP+:
http://oxlip-plus.bodleian.ox.ac.uk. When off-campus, your Oxford Account log in is required to access
electronic holdings. With the exception of Lexis Library and Westlaw, most databases do not require
passwords when on campus. Detailed information about legal databases and passwords is available
at www.bodleian.ox.ac.uk/law/e-resources/databases.
Online tutorials for key legal and journal databases are available at
http://ox.libguides.com/law-uklaw. The BLL also gives classes on using databases, finding online
journals and researching particular areas of law. The Library distributes a Newsletter via the Faculty’s
email lists, and the Law Bod Blog (http://lawod.wordpress.com) also provides current information.
vi. University Rules for Computer Use
The University’s Regulations and Policies applying to use of University ICT facilities can be found at
http://www.it.ox.ac.uk/legal/rules/ In the Policy Statements section below, there is also a specific link
to the Regulations Relating to the use of Information Technology Facilities – though that information
can also be found at the URL above.
3. Support
i. General sources of help
Being a student is exciting, challenging and rewarding, but it is not always a bed of roses! Everyone in
Oxford is well aware that students, like anyone else, can have problems. To a large extent we take
these in our stride, consciously or unconsciously making use of the familiar support systems with
which we surround ourselves, such as family bonds, friendships, and reliance upon those whose role
it is to supervise us. But sometimes our problems need more intensive attention. Do not feel alarmed
about acknowledging this: it really can happen to anyone. Oxford has a number of mechanisms
designed to help.
The first person you should speak to is the Diploma Administrator or Course Director.
15
The University offers a counselling Service to help you address personal or emotional problems
that get in the way of having a good experience at Oxford and realising your full academic and personal
potential. They offer a free and confidential service. For more information visit:
www.ox.ac.uk/students/shw/counselling/
There is also range of services led by students are available to help provide support to other students,
peer support, OUSU Student Advice Service and Nightline. For more information visit:
www.ox.ac.uk/students/shw/peer/
The Equality and Diversity Unit supports a network of over 300 harassment advisors in
departments/faculties and colleges and a central Harassment Advisory Service. For more information
on the University’s Harassment and Bullying policy and the support available for students visit:
www.admin.ox.ac.uk/eop/harassmentadvice/
The Faculty has two harassment advisors whom students and Faculty may contact for advice:
Sue Bright, New College
Tel No: 01865 289050
Email: Sue.Bright@law.ox.ac.uk
Roderick Bagshaw, Magdalen College
Tel No: 276078
Email: Roderick.Bagshaw@law.ox.ac.uk
For information on a variety of issues relating to health and welfare, you can also consult the
University webpage at http://www.ox.ac.uk/students/welfare. This covers subjects such as general
health, disability, counselling and student-led support.
ii. Help for students with disabilities
The Disability Advisory Service (DAS) can provide information, advice and guidance on the way in
which a particular disability may impact on your student experience at the University and assist with
organising
disability-related
study
support. For
more
information
visit:
www.ox.ac.uk/students/shw/das/
The Law Faculty itself has two Disability Contacts. These are:
Emma Gascoigne, Personnel Officer
St. Cross Building
Tel No: 01865 281622
e-mail: Emma.Gascoigne@law.ox.ac.uk
Paul Burns, Academic Administrator
St. Cross Building,St. Cross Road
Tel No: 01865 271495
e-mail: Paul.Burns@law.ox.ac.uk
The Disability Contacts work with the University Disability Staff and other bodies, such as the Bodleian
Law Library to help facilitate students’ access to lectures, classes, tutorials and access to information.
The Contacts are also involved in an ongoing programme to identify and promote good practice in
relation to access to teaching and learning for students with disabilities within the Faculty, and to
ensure that the Faculty meets the requirements of the Equality Act (2010).
16
iii. Education Committee and the Proctors
The University’s Education Committee is principally concerned with policy matters relating to
teaching, learning, and assessment, but it is also the body which can grant dispensations from the
regulations in certain instances (though in such situations a student’s college or course administrator
will normally write to the Education Committee on the student’s behalf – the student does not write
direct). Further information about the Education Committee and its activities can be found at
http://www.admin.ox.ac.uk/edc/
The Proctors are responsible for ensuring that regulations are implemented and investigating
complaints by members of the University. The activities they regulate and the regulations they enforce
are set out in detail in the documents on the Webpage ‘Essential information for students’ at
http://www.admin.ox.ac.uk/proctors/info/ The Proctors’ and Assessor’s Memorandum in particular
covers an extensive range of subjects, including disciplinary procedures, welfare matters, and a
number of University policies which are referred to in the policy statements section below.
iv. OUSU
The Oxford University Student Union exists to provide a number of student services, ranging from
enhancement of your experience whilst a student to protection of your ability to study should you
encounter financial, academic or health-related difficulties. For further information about all its
activities, please refer to its website at http://ousu.org/
4. Careers
The Careers Service can provide you with comprehensive support in your career planning and
management. As an Oxford Alumnus you can attend careers events, fairs, workshops and company
presentations. Your student account on CareerConnect will switch to an alumni account when your
University card expires, ensuring you stay up-to-date with job vacancies, events, skills sessions, fairs
and resources on job sectors, applications and international opportunities. The Careers Service
website can be found at http://www.careers.ox.ac.uk/; for CareerConnect information, please refer
to http://www.careers.ox.ac.uk/our-services/careerconnect/
The Careers Service also provides information about a series of Professional networking events; see
https://www.alumni.ox.ac.uk/page.aspx?pid=773 for further details.
5. Alumni relations
As part of the University’s 180,000-strong alumni community, you can take advantage of our varied
alumni programme to stay involved. Whether your interests lie in further study, building a career,
travel, or something else, Oxford’s alumni programme has something to offer everyone. For more
information, please visit: www.alumni.ox.ac.uk.
For Diploma alumni, we aim to hold an annual talk and drinks reception. Diploma alumni are also
welcome to attend events organised by the Oxford Intellectual Property Research Centre. Please let
the Diploma Administrator have your up-to-date contact details so that we can keep you informed of
future events.
The Faculty of Law is eager to maintain contact with all law alumni, including those who go on to
practice law from other Oxford faculties. Benefits of staying in touch with the Faculty’s alumni
programme include:

Opportunities to attend alumni reunions and professional networking events. The Faculty
organises events, both social and professional, which take place in the UK and internationally.
We have previously held events in the United States, Canada, India, Singapore, Hong Kong,
China, and Australia and, due to their popularity, we plan to increase these events in the years
ahead.
17

Receiving copies of the Faculty’s annual alumni magazine, Law News, and the termly
electronic e-bulletin to keep you up-to-date with Oxford news.

Joining the group ‘Oxford University Lawyers’, via LinkedIn, which offers exclusive
membership to all Oxford students, staff, and alumni. This provides members with the chance
to share discussions with other Oxford law alumni across the world. Our major benefactors
often post their news and job advertisements on the group’s page as well.

Professional support and advice. We work closely with the Careers Service and our
benefactors to help our alumni achieve their full potential in the workplace. Amongst other
initiatives, the Faculty has founded the networking group Oxford Women in Law (OWL) which
will assist female alumni working in field of law to network and find mentors.
To ensure that you are on our mailing list, or to enquire about organising an alumni event, please
contact: Dr. Elizabeth Hodges, Donor Relations Coordinator, Faculty of Law, St. Cross Building, St Cross
Road, Oxford or by e-mail at elizabeth.hodges@law.ox.ac.uk. Finally, should you know of any Oxford
Alumni who are not in contact with us but would like to be, please forward their contact details to us.
18
D. University Policy Statements and Codes
of Practice
1.
Policies
University Equal Opportunity Policy:
http://www.admin.ox.ac.uk/proctors/info/pam/appendixauniversityofoxfordequalitypolicy/
University Policy and Procedure on Harassment and Bullying:
http://www.admin.ox.ac.uk/proctors/info/pam/appendixbuniversitypolicyandprocedureonharassmen
tandbullying/
Disability equality scheme and policy:
http://www.admin.ox.ac.uk/eop/disab/
Regulations Relating to the Use of Information Technology Facilities:
www.admin.ox.ac.uk/statutes/regulations/196-052.shtml.
2.
Feedback
You can provide feedback by completing the feedback forms which will be distributed to students
during the Residential Programme, and at the end of each Workshop. Alternatively, please feel free
to send feedback to the Diploma Administrator at any time who will forward it, as appropriate.
3.
Complaints
i.
Teaching
If you have a problem with the quality of teaching provided in lectures, seminars, or tutorials, then
contact the Academic Administrator at Paul.Burns@law.ox.ac.uk who will liaise with the Director of
Graduate Studies for taught courses as appropriate. If for any reason, you would rather contact the
DGST directly, you may do so by emailing Mindy.Chen-Wishart@law.ox.ac.uk All such communications
will be treated as confidential and will only be shared with others with your permission. The Academic
Administrator is also the person to contact if you have an encountered any problems relating to the
scheduling of lectures and seminars or about the provision of any services (e.g. IT services) within the
Faculty building.
ii.
Quality of library provision
If you have a problem regarding the quality of the provision of library services within the Bodleian Law
Library, please contact Ruth Bird, the Bodleian Law Librarian (Ruth.Bird@Bodleian.ox.ac.uk)
iii.
Academic appeals
For the procedures for appeals from the decisions of the Proctors, see: Examination Regulations 2014,
Part
18.1.
http://www.admin.ox.ac.uk/examregs/0818_Part_18_Appeals_from_Decisions_of_the_Proctors_and_Examiners.shtml
The appeal must be made by you or by the Diploma Administrator on your behalf within 14 days of
the date of the Proctors’ decision. If this applies to you, you should consult the Diploma Administrator.
For appeals from the decisions of the examiners, see Examination Regulations 2014, Part 18.2 (URL as
above). If you wish to raise a query or make a complaint about the conduct of your examination you
19
should urgently consult the Diploma Administrator. Queries and complaints must not be raised
directly with the examiners, but must be made formally to the Proctors through the Diploma
Administrator on your behalf, and no later than 3 months after the notification of the results. The
Proctors are not empowered to consider appeals against the academic judgment of examiners, only
complaints about the conduct of examinations. Further information about complaints procedures
may be found in the Proctors’ and Assessor’s Memorandum, particularly section 13 - see:
http://www.admin.ox.ac.uk/proctors/info/pam/section13/#d.en.41334.
iv.
Further information about complaints
For general information about complaints relating to various University resources, please refer to the
University webpage at http://www.ox.ac.uk/students/academic/regulations
For more detailed information, and links to particular regulations relating to various different types of
complaint, please refer to section 13 of the Proctors’ Memorandum at
http://www.admin.ox.ac.uk/proctors/info/pam/section13/#d.en.41334
4.
Skills training
i.
Faculty, college, and library resources
Online tutorials for key legal and journal databases are available at http://ox.libguides.com/lawuklaw. The Bodleian Law Library also gives classes on using databases, finding online journals and
researching particular areas of law.
ii.
University resources
The University offers advice and guidance on research and study skills on the webpage at
http://www.ox.ac.uk/students/academic/guidance/skills. This covers subjects such as plagiarism,
time management, language skills, and revision and examination preparation.
20
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