LAW40280 Trade Mark Law

Academic Year 2022/2023

The module is concerned with trade mark law. The module will explore functional theories of trade mark law; the development of statutory systems of registration and infringement; the expansion of passing off and the development of unfair competition law; the development of international trade mark law; reform of European trade mark law.

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Curricular information is subject to change

Learning Outcomes:

On completion of the module, students should be able to:
- explain the functional theories of trade mark law
- discuss recent developments in trade mark law
- explain the role of the common law action in passing off
- discuss the concept of unfair competition law
- recognise the relevant issues of trade mark law in a concrete factual situation
- apply the laws laid down in the EU Trade Mark Regulation and the Irish Trade Marks Act 1996
- identify the rationale behind individual rules of trade mark law
- carry out independent original research in the field
- identify a wide range of primary and secondary specialist resources

Indicative Module Content:

This module will explore the registrability and infringement criteria laid down in the EU Trade Marks Directive (as transposed by the Irish Trade Marks Act 1996) and the EU Trade Mark Regulation. It will examine the potential for registration of non-traditional marks (sounds, smells, shapes, colours etc) and the expansion of protection of trade marks to include actions for dilution, tarnishment and free riding. Contemporary concerns associated with unauthorised trade mark usage on the internet, in comparative advertising and on parallel imports will be discussed in detail. Students will also engage with the practicalities of trade mark litigation (and the remedial options open to successful litigants) as well as with the parallel common law protections in passing off. European and common law protections will be considered against the backdrop of wider international developments.

Student Effort Hours: 
Student Effort Type Hours
Autonomous Student Learning

250

Seminar (or Webinar)

24

Total

274

Approaches to Teaching and Learning:
active/task-based learning; lectures; critical writing; reflective learning; enquiry and problem-based learning; debates; case-based learning 
Requirements, Exclusions and Recommendations
Learning Requirements:

Admission to this module is restricted to those students registered to the LLM (Commercial Law), LLM (IP and IT) and MCL Year 2 unless the module co-ordinator decides otherwise.


Module Requisites and Incompatibles
Not applicable to this module.
 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Continuous Assessment: Class attendance and participation in class discussion (based on assigned reading). Throughout the Trimester n/a Graded No

10

Assignment: Assignment (2000 words) Week 12 n/a Graded No

45

Essay: essay (2000 words) Week 12 n/a Graded No

45


Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer No
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Students will receive generalised feedback (via Brightspace) on their assignment and essay. Students will be given an opportunity for further (individual) feedback on their assignment and essay following the release of generalised group feedback. Students will also receive informal feedback during the in-class discussions.

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Spring
     
Lecture Offering 1 Week(s) - 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33 Mon 11:00 - 12:50