Undergraduate Course: International Intellectual Property Law (LAWS10248)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 10 (Year 3 Undergraduate)
||Availability||Not available to visiting students
|Summary||This course will examine the rules governing intellectual property at the international level mainly from a legal perspective. However, policy and institutional perspectives will also be considered. Crucially, the course aims to train students to think critically about intellectual property within the context of international law. In this regard, the international rules for the protection of different types of intellectual property rights (such as copyright, patent rights, and trademarks) will be critically examined. Moreover, the international institutions where these rules are made and administered (such as the World Intellectual Property Organisation and the World Trade Organisation) will also be considered. Importantly, a major theme that will run through the entire course is a critical examination of the policy space available to states under international intellectual property law. Furthermore, apart from studying some of the key treaties and cases in the field of international intellectual property law, students will also critically examine the interface between international intellectual property law and other areas of international law such as international trade law and international investment law.
The course is therefore aimed at enabling students to:
1. Understand the most important aspects of treaties dealing with intellectual property rights
2. Critically analyse the policy space available to states under international intellectual property law; and
3. Comprehend the interface between international intellectual property law and other areas of international law
1. Historical Development, Institutions, and Actors
2. Principles, Regime Shifting, and Tensions
3. The TRIPS Agreement
4. International Copyright Law
5. International Patent Law
6. International Trademark Law
7. Enforcement and other issues
8. Intellectual Property and Investment Law (Part 1)
9. Intellectual Property and Investment Law (Part 2)
10. Traditional Knowledge, Traditional Cultural Expression, and Genetic Resources.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| Spaces on this course are allocated as part of the Law Honours Course Allocation process. Places are generally only available to students who must take Law courses. To request a space on this course, please email Law.UGO@ed.ac.uk
Course Delivery Information
|Academic year 2022/23, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||A written essay at the end of the semester (total 5000 words) worth 100% of the final mark. The students will be given a choice of essay titles from which they can select one.
||An individual activity consisting of a short essay of 1000 words and a presentation on one of the topics discussed in the course. Feedback will be provided and this will help the students prepare for the summative assessment.
|No Exam Information
| gain an understanding of the treaties, cases, rules, and principles governing the protection of intellectual property rights at the international level.
|All of these resources are available online via DiscoverED:|
¿ Susan Sell, Private Power, Public Law: The Globalization of Intellectual Property Rights (Cambridge University Press, 2003).
¿ UNCTAD-ICTSD, Resource Book on TRIPS and Development (Cambridge University Press, 2005).
¿ C Correa (ed), Research Handbook on the Protection of Intellectual Property under WTO Rules (Edward Elgar, 2010).
¿ Tzen Wong and Graham Dutfield (eds.), Intellectual Property and Human Development (Cambridge University Press, 2010).
¿ A Stack, International Patent Law: Cooperation, Harmonization and an Institutional Analysis of WIPO and the WTO (Edward Elgar, 2011).
¿ Annette Kur (ed.), Intellectual Property Rights in a Fair World Trade System (Edward Elgar, 2011).
¿ Matthew Kennedy, WTO Dispute Settlement and the TRIPS Agreement: Applying Intellectual Property Standards in a Trade Law Framework, (Cambridge University Press, 2016).
¿ Hanns Ullrich, Reto Hilty, Matthias Lamping, and Josef Drexl (eds.), TRIPS Plus 20: From Trade Rules to Market Principles, (Springer, 2016).
¿ Bryan Mercurio and Daria Kim (eds.), Contemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options (Routledge, 2017).
¿ Ruth Okediji (ed.), Copyright Law in an Age of Limitations and Exceptions, (Cambridge University Press, 2017).
¿ Sam Ricketson (ed.), Research Handbook on the World Intellectual Property Organization (Edward Elgar, 2020).
¿ Tanya Aplin and Lionel Bently, Global Mandatory Fair Use: The Nature and Scope of the Right to Quote Copyright Works (Cambridge University Press, 2020).
¿ Irene Calboli and Jane Ginsburg (eds), The Cambridge Handbook of International and Comparative Trademark Law (Cambridge University Press, 2020).
¿ EK Oke, The Interface between Intellectual Property and Investment Law (Edward Elgar, 2021).
¿ Shyamkrishna Balganesh, Ng-Loy Wee Loon, and Haochen Sun (eds.), The Cambridge Handbook of Copyright Limitations and Exceptions (Cambridge University Press, 2021).
|Graduate Attributes and Skills
||The seminars and the assessments will encourage students to engage in research into a range of sources necessary for understanding international intellectual property law. The group activities during the seminars and assessments will also enable students to critically comment on topical issues involving the policy space available to states under international intellectual property law and this will help them to develop strong argumentation skills.
The seminars, formative assessment, and final assessment will encourage the students to take some initiative to critically analyse and present the results of independent research.
Students will develop practical skills, throughout the course, for instance through articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of arguments presented by others.
|Course organiser||Dr Emmanuel Kolawole Oke
Tel: (0131 6)51 4586
|Course secretary||Miss Chloe Culross
Tel: (0131 6)50 9588