Intellectual Property (9676) |
| Credits: 3,0 | | Study load hours: 81 | Period: quarter 4 (3sp)  |
| Language of instruction: English | | Exam contract: not possible |
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Mandatory sequentiality bound on the level of programme components
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Following programme components must have been included in your study programme in a previous education period
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Principles of Law (1874)
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8.0 stptn | |
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Contract Law (1875)
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10.0 stptn | |
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The student has a basic knowledge of (legal) English and is able to communicate in English adequately, both orally and in writing.
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- Introduction to intellectual property rights: Herein, the students will be offered an overview of the different IPRs (that is copyright, patents, trademarks, database rights, design rights, geographical indications, integrated circuits, and trade secrets) and situate them within the multilateral IP institutions (WIPO and WTO) and the international framework of TRIPS, the Berne Convention and the Paris Convention.
- Going in detail, from amongst these different IPRs, the course will focus on three IPRs: Copyright, Patents and Trademarks
- As regards copyright, students will be offered an introduction to the international principles (in the Berne Convention and WIPO Copyright Treaties); followed by a discussion on the principles, requirements for protection, and rights, exceptions and limitations and infringement situated in the context of EU copyright law, with special focus on Belgian law.
- As regards patents, students shall be introduced to the international and European framework (such as the Paris Convention, Patent Cooperation Treaty, European Patent Convention and the EU Unitary Patent); followed by a discussion on patentable subject matter, criteria for protection and the procedure for obtaining a patent at the European Patent Office (EPO).
- As regards trademarks, students will be introduced to the international and European framework (such as the Paris Convention, the Madrid System and the EU Trademark Regulation and the EU Trademark Directive) and key offices (such as the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO)); followed by a discussion on registration, relative and absolute grounds for refusal of registration, defences to trademark infringement and the session will close highlighting the interplay between trademarks and the interplay between IPRs and fundamental rights.
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| Compulsory course material |
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For each session, following mandatory study material (open access, to be provided in the course book, and under the relevant modules on the Blackboard) shall be provided:
- Relevant legislation and case law with URLs
- Knowledge clips
- Peer-reviewed articles
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| Recommended reading |
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Text book 1:
European Intellectual Property Law, Pila J. and Torremans P., Second Edition, Oxford University Press
ISBN: 9780198831280
Text book 2:
A Critical Introduction to Intellectual Property Law: Texts, Cases and Materials, Patrick R. Goold, 2024, Cambridge University Press
ISBN: 9781009182287 (Hardback); 9781009182270 (Paperback)
Text book 3:
Intellectual Property Law: Text, Cases and Materials, Aplin T. and Davis J., Fourth Edition, Oxford University Press
ISBN: 9780198842873 |
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| Mandatory software |
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Lecture ✔
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Tutorial group ✔
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Quarter 4 (3,00sp)
| Evaluation method | |
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| Written evaluation during teaching period | 10 % |
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| Transfer of partial marks within the academic year | Yes, with condition |
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| Conditions transfer of partial marks within the academic year | If a student get a grade of at least 50% for the report, the grade will
be carried over to the resit. |
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| Other evaluation method during teaching period | 20 % |
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| Other | Moot Court (10% for written submission and 10% for oral presentation) |
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| Transfer of partial marks within the academic year | Yes, with condition |
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| Conditions transfer of partial marks within the academic year | If a student get a grade of at least 50% for the Moot Court, the grade
will be carried over to the resit. |
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| Written exam | 70 % |
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| Multiple-choice questions, no correction for guessing | ✔ |
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| Additional information | If no report and no catch-up assignment (after approval by Exam Committee) was submitted, the student will receive a 0/2 for this partial evaluation.
If the student did not take part in the Moot Court and no catch-up assignment (after approval by Exam Committee) was submitted, the student will receive a 0/4 for this partial evaluation.
In consultation with the Education Management Team and the Student Administration, the lecturer determines the schedule and the examination format for a possible catch-up exam. The examination format may deviate from the examination format used during the regular examination period. The schedule and examination format will be communicated to the student after the request for a catch-up exam has been approved. |
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Second examination period
| Evaluation second examination opportunity different from first examination opprt | |
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| Explanation (English) | The written exam during the second evaluation period will be the same as
the written exam during the first evaluation period.
The grades for the report will be carried over if at least 50% of the
grade was received.
A new report will have to be submitted if less than 50% if the grade was
received for the report.
The grades for the Moot Court will be carried over if at least 50% of
the grade was received.
A presentation will have to done if less than 50% if the grade was
received for the Moot Court.
Depending on the number of participants, the evaluation form can be
changed at the second chance. |
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Learning outcomes | EC = learning outcomes DC = partial outcomes BC = evaluation criteria |
Bachelor of Laws
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| EC01 - A graduate of the Bachelor of Laws programme has (basic) legal knowledge and insight into the doctrines and systematics of the major legal branches of national, international and supranational law as exemplified by recent developments and scientific research in the sector and with appreciation of societal reality. (academic, specifically legal, skills and knowledge) | | | - DC
| The student has a good knowledge of the principles of national (focus Belgium, the Netherlands and Luxembourg, together Benelux), European and international intellectual property law. | | | - DC
| The student has a good working knowledge of the key functional differences between common law (the UK and Ireland) and civil law, and of droit d’auteur systems. | - EC
| EC04 - A graduate of the Bachelor of Laws programme has insight into the continuous interaction between national, supranational and international law. (academic, specifically legal, skills and knowledge) | | | - DC
| The student has knowledge of how the key functional differences between common law (the UK and Ireland) and civil law and how droit d’auteur systems influence the principles and practice of intellectual property law. | - EC
| EC05 - A graduate of the Bachelor of Laws programme is able to approach a national branch of law from a European, international and comparative law perspective. (academic, specifically legal, skills and knowledge) | | | - DC
| The student has a good understanding of the principles of national (focus Belgium, the Netherlands and Luxembourg, together Benelux), European and international intellectual property law. | - EC
| EC07 - A graduate of the Bachelor of Laws programme is able to use, with an increasing degree of independence, a variety of Dutch, English and French (digital) legal sources. (general academic research competency) | | | - DC
| The student is able to comprehend and use various (digital) English legal sources in regards to intellectual property law. | - EC
| EC10 - A graduate of the Bachelor of Laws programme is able to identify the various stakeholders and their specific interest in a simple problem, and to integrate those in their own reasoning and approach. (general competency) | | | - DC
| The student has a finer understanding of the constitutionalisation of intellectual property rights, the interplay between intellectual property and human rights, particularly as regards the interaction between the right to property and freedom of expression. | - EC
| EC11 - A graduate of the Bachelor of Laws programme is able to adequately use Dutch, English and French (legal) language in a legal context. (general competency) | | | - DC
| The student is able to confidently discuss intellectual property law in English, both orally and written. | - EC
| EC12 - A graduate of the Bachelor of Laws programme is able to adequately communicate independently and clearly, either orally or in written form, about legal information, ideas, arguments, problems and solutions, Where required, they use the most appropriate conversation or presentation techniques. (general competency) | | | - DC
| The student is able to coherently write and present intellectual property-related issues in written arguments, and present them to a larger audience (such as in debates, moot court setting and public discussions). | - EC
| EC14 - A graduate of the Bachelor of Laws programme demonstrates a critical attitude and is able to appraise, to question and to reflect upon the law and legal positions. They are able to construct an argument and defend it. (general competency) | | | - DC
| The student is able to coherently argue intellectual property-related issues in written arguments, and present them to a larger audience (such as in debates, moot court setting and public discussions). | - EC
| EC15 - A graduate of the Bachelor of Laws programme is able to contribute in an active and constructive manner to a common goal, whether or not in a (formal or informal) groupsetting. (general competency) | | | - DC
| The student is able to present to and participate in discussions in a larger audience (such as in debates, moot court setting and public discussions). |
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| Included in these programmes | Tolerance3 |
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2nd year Bachelor of Laws
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Y
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Exchange Programme Laws
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Y
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1 Education, Examination and Legal Position Regulations art.12.2, section 2. |
| 2 Education, Examination and Legal Position Regulations art.15.1, section 3. |
3 Education, Examination and Legal Position Regulations art.16.9, section 2.
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