3000 word assignment, which will assess Learning Outcomes 1, 2 & 4 (50%)

Unseen 2 hour examination with access to legislation, which will assess Learning Outcomes 1, 3 & 4 (50%)

To pass this module, students must obtain an overall mark of at least 40%. Students must obtain at least 25% in both the coursework and examination elements of the module.

Intellectual Property Law represents attempts to balance the rights of inventors of products, processes or original work with the demands from society at large to have access to such products or works. A monopoly is granted in respect of a patentable product, for example, in return for making public the invention. Others may then be able to use the knowledge to develop further. One of the themes of the course is evaluation of the extent to which the law achieves a reasonable compromise between these competing interests.

In semester 1 you will study the following, with a particular emphasis on developing countries' perspectives:

- The concept of intellectual property, including trademarks, patents, copyright;
- Key organisations and instruments relating to intellectual property at the international level, especially the World Intellectual Property Organisation (WIPO), the World Trade Organisation (WTO) and the Agreement on Trade-Related Aspects of Intellectual Property Rights ('TRIPS')
- Topical issues in intellectual property such as traditional knowledge, agriculture, bio-piracy and geographical indications.

In semester 2 you will study the Sri Lankan legal framework in relation to intellectual property rights, with comparisons to other regional legal frameworks. Areas covered will include:

- Copyright
- Industrial Designs
- Patents
- Trademarks

1.DEMONSTRATE KNOWLEDGE AND UNDERSTANDING OF THE CONCEPT OF INTELLECTUAL PROPERTY AND THE KEY INTERNATIONAL ORGANISATIONS AND INSTRUMENTS CONCERNING INTELLECTUAL PROPERTY RIGHTS
Knowledge & Understanding

2.DEMONSTRATE AN ABILITY TO ENQUIRE INTO, ANALYSE, AND REFLECT UPON LEGAL, GEO-POLITICAL, ETHICAL AND MORAL ISSUES CONCERNING INTELLECTUAL PROPERTY RIGHTS AND CONSIDER LEGAL SOLUTIONS BY APPLYING THE RELEVANT LAW TO CASE STUDIES
Enquiry
Application
Analysis
Reflection

3. IDENTIFY THE APPROPRIATE FORM OF PROTECTION AVAILABLE TO THE INNOVATOR/CREATOR OF NEW PRODUCTS AND APPLY THE CRITERIA TO BE SATISFIED IN ORDER TO BE ELIGIBLE FOR THE DIFFERENT FORMS OF PROTECTION
Enquiry
Communication
Problem-solving

4. CRITICALLY EVALUATE THE SUCCESS OF INTELLECTUAL PROPERTY IN ACHIEVING A BALANCE BETWEEN REWARDING INITIATIVE AND EXPANDING THE SUM OF HUMAN SKILL/ KNOWLEDGE
Analysis
Communication
Enquiry
Reflection

MODULE LEARNING STRATEGY - this is based around students committing to a total of 300 hours of activities towards achieving the learning outcomes. These are split between 54 hours of direct contact with a tutor and 246 hours of directed, guided and self-study, together with preparation for and completion of assessment tasks. A blend of teaching methods will be used, facilitating different styles of learning. These will also provide a platform for the development of essential skills including intellectual skills, communication, problem-solving, research, teamwork, negotiation, presentation, and the effective use of IT. Activities will be supported by guided learning and independent learning/enquiry.

WHOLE GROUP/LECTURE SESSIONS – these will be used to introduce new topics in the programme and to provide opportunities for shared learning experiences for all cohort participants, assisted by buzz sessions, and problem and practice-based tasks and activities. New topics and themes introduced in these sessions will be developed further in small-group/workshop sessions

SMALL GROUP SESSIONS/WORKSHOPS – these comprise learning activities organised around Administrative Justice and Human Rights topics and themes which will have been introduced in the whole-group/lecture sessions. Participants undertake preparatory directed study and research, assisted by on-line systems like Lexis Library, Practical Law, and Westlaw. Workshops include exercises in which participants engage in ‘client’ and adviser role plays, discuss and draft pre-review formal complaints based on scenarios and case studies, and engage in other problem-based exercises. An emphasis is on student interaction, team-working, and demonstration of knowledge, and the application of knowledge. Post-workshop reflective work is a further feature (with opportunities to undertake follow-up study or collaborative learning activities).
Participants are expected to prepare for workshops effectively, and to maintain a journal recording their work, including their preparation for, and contribution to, the workshops


GUIDED LEARNING & INDEPENDENT STUDY/ENQUIRY - guided learning work will comprise a mix of activities, some of which will require group work, completion of pre-sessional tasks, and use of on-line systems and resources. Learning will be facilitated by use of the VLE platform and interactions between students and tutors. Besides guided learning tasks, other study will take the form of pre-sessional enquiry linked to specific tasks, post-sessional reflective work, and preparatory work linked to assessment tasks. Independent, self-managed enquiry is an important feature of the programme, including enquiry in pursuit of particular interests. It is expected that around 50 hours will be devoted to the completion of assessment tasks. Students are expected to be familiar with current issues and debates on administrative justice and human rights issues. Debate on these is assisted by the facility of student contributions to the ‘Topical Issues & New Developments’ section of the module’s Blackboard site


Total Learning - 300 Hours

- Appropriate texts, legislation and case law
- Module Study Guide
- Computing facilities to access resources available on the web and on-line databases
- Specialist software: Westlaw/Lexis Nexis/Lawtel

FOR APIIT STUDENTS ONLY

WIPO Publication, WIPO Intellectual Property Handbook: Policy, Law and Use (2nd ed., WIPO 2004, Reprinted 2008)

Helfer, LR & Austin, GW, Human Rights and Intellectual Property: Mapping the Global Interface (Cambridge University Press 2011)

Bently, L & Sherman, B, Intellectual Property Law (3rd ed., OUP, 2008)

Cabral, H., Intellectual Property Law of Sri Lanka: The Act No 36 of 2003, the TRIPS Agreement and Case Digest (Harsha Cabral, 2004)

Karunaratna, D.M. Elements of the Law of Intellectual Property in Sri Lanka (Sarasavi Publishers, 2010)