Intellectual Property, Competition Law and Innovation

This module explores the dynamic interaction between intellectual property law, competition law, and innovative products and markets. The innovation studied primarily relates to emerging products and services in the digital economy and pharmaceutical industry. However, the discussions and content will be broader and encapsulate questions regarding how the law should regulate and adapt in response to radical changes that are occurring on markets as a result of vastly accelerated technology and means of production. This will be studied through the lenses of IP law and competition law. The module will continuously analyse how the sometimes competing goals and interests of these respective legal subjects can exist harmoniously, and how they should impact the law’s response to innovative technology and products. Students will critically assess how these legal frameworks interact and clash, especially in the regulation of digital platforms, data-driven markets, and global innovation ecosystems.

The aim of the module is to enable students to think critically and practically about the challenges posed by emerging technology and social changes with particular reference to IP and competition law. This will challenge students to evaluate how different legal subjects interact (moving beyond thinking in terms of typical legal silos), and the need for the legal system to form a coherent whole.

At the end of the module, students will complete an independent research essay, on a topic approved by the module coordinator, that explores in detail some topic covered in or suggested by the module. In addition, students will complete a group presentation on a topic related to the module in groups of 4/5 students.

Learning Outcomes

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

• Understand how IP law and competition law shape and are shaped by innovation
• Understand and critically assess the tensions between the goals of IP and competition law, and how they interact with incentivising innovation and technological progress
• Critically assess how a changing social, cultural and technological environment should impact IP and competition law
• Critically engage with national and regional regulatory frameworks, particularly relating to digital markets
• Analyse recent case law in relation to innovation and digital markets

Assessment

• 4500 word essay (inc. footnotes) – 75%
• Group presentation – 25%

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