Fellowship Award

Intellectual Property Law

This award is for the paralegal working in their particular department in Legal Practice, Commerce, Industry or the Public Sector department doing work of a specialised or semi-specialised nature. The Fellowship Award means that a paralegal can further add to their specialist knowledge in that particular area of law and/or practice in which they are involved.

Syllabus

Preliminary: What is Intellectual Property?, Nature of Intellectual Property, Cross-cutting theme, Practical Considerations.

Copyright

Basic Principles: What is copyright, Relationship to other Intellectual Property rights, Copyright as a means of exploiting work

Subsistence of Copyright:Literary, dramatic, musical and artistic works, Sound recordings, films, broadcasts, cable , programmes, Qualification, Duration

Authorship and ownership: Authorship, Ownership, Dealing with copyright , Collecting Agencies, Licensing schemes, Compulsory licences, Licences as of right, The Copyright Tribunal

Moral rights: Right of identification, Right to object, False attribution of work, Right to privacy in photographs and films, Joint works, Duration and transmission, Waiver, Remedies

Infringement:Rights of owners, Acts restricted by copyright, Secondary infringement, Remedies, Presumptions, Criminal Offences

Defences to Infringement: Authorised use, Consent, Public Interest, Non-derogation from grant, Permitted Acts, Fair dealing, Education, Libraries and archives, Public Administration Computer Programmes, Designs, typefaces and electronic forms, Adaptations

New Technology: Computer Programmes, Databases, Computer generated works, Satellite broadcasting, Electronic publishing

European aspects: Treaty of Rome, Harmonisation, International conventions

Rights in performances: Nature and subsistence, Infringement, Exceptions, Remedies, Offences

Breach of Confidence: Development of the Law, The law today, Confidential quality, Obligation of confidence, Unauthorised use, Remedies

Patents: Historical perspective, Justification for

Requirements: Basic requirements, Exclusion from patentability, Ownership of and dealing in patents, Crown use

Infringements: Infringements, Choice of Courts, Remedies, Defences, UK competition law, Criminal offences

European aspects: Treaty of Rome, The Community Patent

Design Law

Nature of a design: Registered designs, Design rights, Comparison with copyright Artistic, aesthetic or functional, Ownership, International aspects, Reform

Registered Designs: Requirements, Ownership of Rights given by registration, Infringement, Defences, Remedies, Licences, Offences, Registration, International protection, Crown Use, EC Directives

Design Right: Subsistence of ,Ownership, Rights of owners, Infringement, Exceptions to Infringement, Defences, Remedies, Semiconductor topography design right

Trade Marks: Rationale, History, Definition, Registration, Unregisterable marks, Assignment, Rights given by registration, Infringement, Exceptions, Defences, Remedies, Offences, Trade marks as property, Surrender, revocation and invalidity, Certification marks, Collective marks

European issues: The European Community, Community Trade Mark, Parallel imports and exhaustion of rights, Split Trade Marks, Registerability & the free movement of goods

Passing Off: Basic requirements for a passing off action, Plaintiff's goodwill, Scope, Nature of misrepresentation, Damage to goodwill, Defences, Remedied, Malicious falsehood

Method of Study

As a distance learning student, you study at home in your own time. Access to a law library or law texts is essential as the award involves research. There are no time constraints.

Assessment

The Fellowship Award is assessed through three substantial 'work based' assignments / projects of some 5000 words each. There are no time limits involved.

Entry Requirements

One of the following

Higher Certificate in Paralegals Studies

Post Graduate Diploma in Paralegal Practice

Law Degree

ILEX Level 3

Other Equivalent (please specify)

Cost

The cost of the Award is £350 or deposit of £150 and four monthly payments of £50.

Enrolment Download and complete theEnrolment Form, then go to Enrolment & Payment

or telephone Admissions on 020 3176 0900.

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