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LAW30870

Academic Year 2024/2025

Patent Law and Trademarks (LAW30870)

Subject:
Law
College:
Social Sciences & Law
School:
Law
Level:
3 (Degree)
Credits:
5
Module Coordinator:
Assoc Professor Cliona Kelly
Trimester:
Autumn
Mode of Delivery:
Online
Internship Module:
No
How will I be graded?
Letter grades

Curricular information is subject to change.

This module is taught online by Aoife Nic Chraith. It aims to introduce the concept of Intellectual Property, and provide students a foundation of understanding for both Patent and Trademark Law.

The first part of this module, from weeks 1 - 6, focuses on Patent Law, its legislative framework, and practice.
Topics covered shall include: The justification for the patent system and its effect on research and innovation, patent law frameworks (including the European Patent Convention, the USPTO, the Patent Convention Treaty and the Unitary Patent System) and their contrasting approaches to patent prosecution. This part of the module shall also cover the criteria for obtaining a patent, exclusions from patentability, patent interpretation and infringement analysis.

The second part of this module, from weeks 7 - 12, examines the law of Trademarks and Passing Off.
Topics covered may include: The purpose of Trademark Law and its impact on corporate brand identity, trademark frameworks (focusing on the Intellectual Property Office of Ireland, and the EUIPO), the criteria for obtaining a trademark, what can and cannot be covered by trademark protection, and trademark infringement analysis. This half of the module also covers the law of Passing Off and its importance for consumer protection.

Both parts of this module have a focus on recent case law and the real-world impact that these sectors of the law have on our everyday lives.

About this Module

Learning Outcomes:

On completion of this module students should be able to:
Compare and contrast Patent Law frameworks in multiple jurisdictions, with an understanding of the benefits and drawbacks of each
Analyse whether a particular invention could be considered patentable
Run a search for patents relevant to a particular sector of technology
Read and interpret what specific invention is covered by a granted patent
Analyse whether a product may infringe a granted patent

Discuss the function of Trademark Law, and its business impact
Analyse whether a range of different features associated with a business can each be covered with trademark protection
Run a search for trademarks relevant to a particular business sector
Assess whether a proposed trademark application is likely to be granted by the IPOI or EUIPO
Read and interpret registered trademarks

Indicative Module Content:

Patent Law:

The justification for Patent Law
Patent frameworks (in Europe and the US)
Patent prosecution
The criteria for patentability
Exclusions from patentability
Patent interpretation
Patent infringement

Trademarks:

The justification for Trademark Law
Trademark frameworks (in Ireland and Europe),
The criteria for obtaining a trademark
Exclusions from trademark protection
Trademark infringement analysis
Passing Off and its importance for consumer protection.

Student Effort Hours:
Student Effort Type Hours
Lectures

22
Autonomous Student Learning

100
Total

122

Approaches to Teaching and Learning:

Students shall have access to class slides prior to each lecture. Students are expected to prepare for each lecture by completing assigned readings and practical work so they are ready to participate in class discussions.
Most lectures will include breakout sessions or quizzes, where students will be expected to utilise this preparatory work and present their team's conclusions to the class.
Supporting material will be provided on Brightspace to complement the lecture discussions, which will include summary notes and a recording of each lecture.
I aim to provide an inclusive learning environment, so please don't hesitate to contact me on aoife.nicchraith@ucd.ie if I can help!


Requirements, Exclusions and Recommendations
Learning Recommendations:

It is recommended that student have studied Law of the European Union before taking this module. It is also recommended that students are familiar with basic legal skills, such as research and reading case law and legislation.


Module Requisites and Incompatibles
Incompatibles:
LAW30740 - Intellectual Property Law


 

Assessment Strategy
Description Timing Component Scale Must Pass Component % of Final Grade In Module Component Repeat Offered
Exam (Take-Home): A take home exam focusing on the Patent Law content in weeks 1-6. It will be released at the start of week 7 and due at the end of week 8 (reading week). The exam should take 2 - 3 hours to complete. Week 7, Week 8 Graded No
50
 No
Exam (Take-Home): Take home exam focusing on Trademarks content taught from week 7. The exam will be released at the start of week 12 and students will have 2 weeks to complete. It should take 2 - 3 hours to complete Week 12 Graded No
50
 No

Carry forward of passed components
Yes
 

Resit In Terminal Exam
Spring No
Please see Student Jargon Buster for more information about remediation types and timing. 

Feedback Strategy/Strategies

• Group/class feedback, post-assessment
• Self-assessment activities

How will my Feedback be Delivered?

Group feedback will be given in class throughout the semester, as students work on class activities. This will include peer review activities in class, and tools to self assess their work. Group Feedback will be given when the assignments are submitted. Students are encouraged to ask questions in class and to take part in class activities.

Name Role
Ms Aoife Nic Chraith Lecturer / Co-Lecturer

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
Autumn Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Thurs 14:00 - 15:50
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