UNIVERSITY OF KENT
Module Specification
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Title of the module
Intellectual Property II (LW823)
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School which will be responsible for management of the module
Kent Law School
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Start Date of the Module:
September 2006
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The number of students expected to take the module:
15 -20 students (Canterbury)
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Modules to be withdrawn on the introduction of this proposed module and consultation
with other relevant Schools and Faculties regarding the withdrawal
None. (Note: There is a KLS LLM ICL module entitled “Intellectual Property 2” that was last taught
on the KLS LLM programme in about 2000; it is highly doubtful that this module will ever be taught
again and it is recommended that the existing module “officially” be withdrawn. This proposed new
module uses the same name as the earlier module, but the content is significantly different.)
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The level of the module (e.g. Certificate [C], Intermediate [I], Honours [H] or
Postgraduate [M])
M (FHEQ Level: 7)
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The number of credits which the module represents
20
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Which term(s) the module is to be taught in (or other teaching pattern)
This will be a one-term module offered once in any given academic year. The term of teaching will
depend on the availability of other modules and teaching staff; most likely, it will be offered in the
Autumn term only.
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Prerequisite and co-requisite modules
None.
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The programmes of study to which the module contributes
The module will be offered to students on the following programmes:
LLM in European Law
LLM in International Commercial Law
LLM in International Law with International Relations (Canterbury)
LLM in Public International Law
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The intended subject specific learning outcomes
The intended learning outcomes mainly concern Intellectual Property Law. These include knowledge
and understanding of the following:
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The laws of image rights (trade marks and passing off), breach of confidence, and trade secrets.
The systems for the international protection of intellectual property rights
The political, philosophical, and economic choices posed by contemporary domestic and
international intellectual property protection.
The intended learning outcomes also extend to generic legal skills, including the capacity to do the
following:
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Identification of the legal issues arising out of factual situations
Location and utilisation of primary law and comparative material on state practice
1
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The intended generic learning outcomes
There are no distinctive contributions to generic learning outcomes which differentiate this module
from other postgraduate modules in Law. In common with other modules, it will contribute to the
achievement of the generic learning outcomes of the programmes on which it is provided. These
include the capacity to do the following (taken from the programme specifications for the LLM in
International Law with International Relations):
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Conduct of independent legal research using a range of resources, both paper and electronic
Critical evaluation of law both doctrinally and in terms of its socio-economic and other
consequences.
Identification of relevant issues from potentially complex factual situations;
Undertaking research from a diverse range of sources;
Summarising detailed and complex bodies of information concisely and accurately;
Formulation of arguments in verbal presentations and defend these against opposing views
Presentation of information and arguments in written form, in accordance with academic
conventions, and appropriately to the intended readership;
A synopsis of the curriculum
Note: This module is designed to overcome a significant “hole” in the doctrinal coverage currently
offered in the LLM ICL programme. Intellectual Property 1 (LW 801) covers the two main IP areas
of copyright and patent law, domestically and internationally; however, none of the sub-disciplinary
areas listed below (with the exception of #1) are currently available for study. Contemporary
Topics in Intellectual Property Law (LW 813) is offered on a periodic basis and does not conflict,
indeed compliments, the areas listed below. The absence of coverage in these areas has been noted
repeatedly by ICL LLM students in the past.
Main areas of coverage:
 Introduction to Intellectual Property
 Trade Marks (purpose, registration, uses, infringement)
 Passing Off (purposes, the nature of and requirements for a successful passing off action.)
 Breach of Confidence and Trade Secrets, including “whistle-blowing” in the public interest.
 Introduction to International Intellectual Property Law (the main conventions (e.g. Berne
Convention) and agreements (e.g. TRIPS) and their scope & purposes; critiques and policy
challenges)
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Indicative Reading List
W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, 5th edition (2003)
L. Bentley and B. Sherman, Intellectual Property Law, 2nd edition (2004)
A. Moore, Intellectual Property: Moral, Legal and International Dilemmas (1997)
Various articles and materials on trade marks, passing off, breach of confidence, international
intellectual property and related topics on the webpages of KLS IP Resources Pages:
https://www.kent.ac.uk/law/undergraduate/modules/ip/resources/Opening.htm
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Learning and Teaching Methods
The module will be taught through ten two-hour weekly seminars. The seminars will be based upon
assigned reading on the given topic and questions submitted in advance by the seminar leader.
Students registered in the module will act as “designated contributors” for the seminars.
This teaching method will enable students to develop their capacities for identification of legal and
policy issues, formulation of arguments, verbal argumentation and critical thinking.
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Assessment methods
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One essay of approximately 4,000 words = 80%
Preparation and participation mark = 20%
These assessment methods will enable students to develop their capacities for identification of legal
and policy issues, legal research, formulation of written arguments and critical thinking.
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Implications for learning resources, including staff, library, IT and space
The module is to be taught by Alan Story, who has established research interests in the area.
The module complements existing library holdings in intellectual property law and materials available
on the online KLS Intellectual Property Resources Pages.
A small number of extra monographs may have to be acquired for the module to be delivered
successfully.
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A statement confirming that, as far as can be reasonably anticipated, the curriculum,
learning and teaching methods and forms of assessment do not present any nonjustifiable disadvantage to students with disabilities
Confirmed.
Statement by the Director of Learning and Teaching: "I confirm I have been consulted on the
above module proposal and have given advice on the correct procedures and required content of module
proposals"
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Director of Learning and Teaching
..............................................
Date
Statement by the Head of School: "I confirm that the School has approved the introduction of the
module and, where the module is proposed by School staff, will be responsible for its resourcing"
.................................................................
Head of School
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Date
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