Module Catalogue 2024/25

Pre Requisite Comment

N/A

Co Requisite Comment

N/A

Aims

The course will give students an insight into and a critical understanding of current debates in the legal field of intellectual property, which are provoked by emerging technologies supplied through the digital environment. While the main focus is EU law, the course will situate the EU approach in a broader, international context. Recent and newly enacted legislation consists of both sector-specific measures, such as Directive 2019/790 on ‘Copyright in the Digital Single Market’, and horizontal regulatory interventions, such as the Digital Services Act and the Digital Markets Act, place the EU in a unique position worldwide. IP law in the EU and some other regions recently touched upon the areas of online platforms, artificial intelligence technologies and algorithms, non-fungible tokens and blockchains, and access to public sector information and open data to strike a balance between the protection of creativity, innovation and investments in new contents and services and the pursuit of public policy goals. These goals include new ways to protect consumers, competitors, and business partners of the largest tech companies from their overwhelming bargaining, commercial and technical power, and the preservation of cultural and linguistic diversity.

Outline Of Syllabus

Indicative course outline (these case studies are subject to change based on combinations of student interest and technological developments):
1.       An Introduction to IPRs and Emerging Technologies
2.       Digital platform regulation and online content streaming
3.       Non-Fungible Tokens (NFTs), blockchain, and IPR exploitation
4.       Metaverse, videogames, and IPRs
5.       Social Media and IPR enforcement: the Copyright in the Digital Single Market Directive
6.       Platform governance and algorithmic enforcement
7.       Deepfakes and the protection of IPRs
8.       The EU’s Artificial Intelligence Act and its interaction with IP law
9.       Technical Prevention Measures: DRM and the protection of IP
10.       Digitisation of culture and IPRs

Intended Knowledge Outcomes

•       Critically evaluate current debates in the legal field of intellectual property regarding emerging technologies, creative industries, and innovative business models in several industries in the digital environment.
•       Demonstrate a thorough understanding of the various licensing schemes and commercial exploitation strategies implemented for music, films and TV programs, books, newspapers, computer programs, and video games and their different consequences for the digital economy.
•       Understand, from a legal perspective, the impact of emerging technologies and new business models on the development of the digital market and public policy goals, including the promotion of cultural and linguistic diversity.
•       Analyse complex administrative decisions and judgments on the compatibility of the licensing and enforcement of national intellectual property rights with EU law.
•       Understand the role that tools such as non-fungible tokens, blockchains, and databases play in digital markets for content and services protected by intellectual property rights.
•       Demonstrate an understanding of the scope of application of the existing and upcoming legislation and identify gaps, inconsistencies, or unsettled issues.

Intended Skill Outcomes

At the end of the module students should be able to demonstrate:

Cognitive skills – having completed the module, students will be able to demonstrate these subject
specific skills:
•       The ability to interpret and apply theories of IP protection
•       The ability to interpret, analyse and apply legal principles to a number of different case studies in IP law
•       The ability to critically reflect on challenges posed by contemporary approaches to IP
•       The ability to develop a position on regulatory interventions over emerging technologies from an IP perspective
•       The ability to analyse and synthesise arguments from a range of materials relevant to IP in a range of jurisdictions

Key transferable skills – having completed the module, students will be able to:

•       Demonstrate the ability to think about problems from an interdisciplinary perspective
•       Demonstrate critical reasoning skills
•       Demonstrate skills in collecting, handling, evaluating and applying information
•       Demonstrate oral and written presentation skills, through active participation in workshops
•       Demonstrate the ability to carry out independent research and identify relevant primary and secondary legal materials, as well as non-legal materials of relevance to the subject of study

Teaching Rationale And Relationship

In terms of the specific teaching methods, workshops have been chosen as the most suitable method of teaching for this content, which combined an element of semi-structured lecturing with student interaction and activities. This is facilitated by the structured research and reading activities, where in advance of classes, students read materials provided before each session, discussing the emerging technology issues relating to IP acting as the focus of the session. Students will then use this reading to develop a position in advance of the weekly student-led activity in each workshop. In addition to these formal classes, there will be a number of drop-in/surgery hours, where students can ask questions regarding course content, specific readings, or to prepare for the assessment for the module. Directed research and reading will be prepared for each session, which allows students to develop greater insight into the areas of legal research discussed in each activity, with an additional reading list provided on Canvas as further readings or a library list, which can then be used by students drafting their research proposal during their assessment preparation and completion.

Assessment Rationale And Relationship

The assessment for this module comprises two elements: one group presentation worth 20% of the grade, and one 3,500 word essay worth 80% of the grade.

The purpose of the presentation is to give students confidence in presenting their ideas in an oral form, working in small groups so as to improve their collaborative skillset. Students will take one of the themes of the module, and make a short presentation on the issues arising in their chosen area of focus, as well as having experience of receiving questions on their presentation. The cognitive and transferable skills developed through this exercise will be beneficial to students in preparing for activities outside of an academic setting. The 3,500 word essay will be based on the key themes and issues arising in the course, with students having the flexibility to choose one of the assigned questions, conduct independent research (developed through the directed reading activities, as well as through conducting research for the presentations), and provide a nuanced and reflective answer on an issue of emerging technologies and IP protection.

General Notes

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