Contemporary Issues in Intellectual Property Disputes

The module will encourage students to critically evaluate the function of damages, injunctions (including the emerging jurisprudence on internet blocking injunctions) and ancillary relief in the case of infringement and the legal protection afforded to persons subject to groundless threats of infringement. The focus of the course will be to address contemporary issues and emerging trends in IP disputes including Patent litigation and also the role of criminal sanctions in the protection of Intellectual Property. This module will primarily be based on the Common Law position regarding remedies and sanctions but will frequently refer to CJEU judgments and to other EU jurisdictions where appropriate to provide jurisprudential examples.

Learning Outcomes:

On successful completion of this module, students should be able to:

• Critically evaluate the impact of IP injunctive relief including in relation to blocking injunctions, the tests for interlocutory injunctions in patent, trade mark and copyright litigation
• Develop an understanding of the relevant tests or criteria for the award of damages in patent, trade mark and copyright litigation and the distinction that applies between each category
• Synthesise and evaluate an understanding of the role of account of profits as an alternative remedy to damages
• Debate the overlap between traditional Common Law/equitable relief and relief under EU law including the challenges of IP Enforcement Directive in the internet age
• Develop an understanding of the law concerning groundless threats
• Develop an understanding of the increased use of criminal sanctions for IP matters
• Critically analyse IP remedies in International Trade Law (including WTO and the TRIPS Agreement)
• Hone their research skills through their research paper
• Demonstrate familiarity and understanding of the module materials, which will allow them to explore topics in greater.

Assessment:

• 5,000 word essay – 100%. The essay is designed to assist students in developing their research skills and also to allow them to explore a topic in greater depth.

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