LAW40280

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.

Student Effort Hours:

Approaches to Teaching and Learning:

This module is taught by way of a face-to-face interactive seminar. Teaching and learning methods include active/task-based learning; lectures; critical writing; reflective learning; enquiry and problem-based learning; debates; case-based learning. Students may be assigned reading in advance of the class and will be expected to come to class prepared to discuss what they have read. Classes are not recorded, nor are they live-streamed.
Students on this module are expected to have read and understood the UCD Academic Integrity Policy and the School Protocol on Academic Integrity. Students must ensure that they comply with all requirements laid down therein and avoid academic misconduct. Students are not permitted to use generative artificial intelligence, or other machine learning technology, in completing their assignment. Students are expected to follow Oscola Ireland in citing sources in completing the assignment.

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

 

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