Learning Outcomes:
On completion of the module, students should be able to:
- explain and critically assess the overarching theories of trade mark law
- discuss recent developments in trade mark law (substantive and remedial)
- explain and critically assess the development of the common law action in passing off
- discuss the concept of unfair competition law
- explain and apply apply the principles of passing off, as developed by common law courts
- recognise relevant issues of trade mark law (and passing off) in a concrete factual situation
- explain and apply the rules on registration laid down in the EU Trade Mark Regulation
- explain and apply the EU rules on infringement (in multiple contexts)
- explain and apply the EU rules on revocation of trade mark rights
- carry out independent original research in the field
- identify a wide range of primary and secondary specialist resources
Indicative Module Content:
The module will take account of functional theories of trade mark law; traditional and non-traditional trade mark forms (sounds, shapes, colours, patterns etc); the incremental expansion of trade mark law to include actions for dilution, tarnishment and free riding. The discussion of trade mark infringement will also (as time permits) take account of uses/abuses on the internet, in comparative advertising and on parallel imports. Students will also engage with the practicalities of trade mark litigation (and the remedial options open to successful litigants), the consequences of non-use (revocation of rights) as well as with the parallel common law protections in passing off.
In terms of statutory rights, the main focus will be on the EU Trade Mark Regulation 2017/1001, and to a lesser extent the Irish Trade Marks Act 1996.