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Certificate in Trade Mark Law and Practice - Modules

Read about the Certificate in Trade Mark Law and Practice programme.

Modules

IPLC008 - Designs and Copyright

General areas taught within this module include:

Introduction to designs and copyright

  • Forms of design and property protection
  • Basic principles of design law
  • Basic principles of copyright law
  • Introduction to international agreements in design and copyright law

Community designs

  • Registrable designs
  • Proceedings for registration
  • Scope of protection – infringement and defences
  • Cancellation and invalidity of registration
  • Ownership of designs
  • Transactions in designs
  • Proceedings in relation to designs
  • International registrations
  • Unregistered Community designs

United Kingdom registered designs

  • Registrable designs
  • Proceedings for registration
  • Scope of protection – infringement and defences
  • Cancellation and invalidity of registration
  • Ownership of designs
  • Transactions in designs
  • Proceedings in relation to designs

Design right under the CDPA 1988

  • Subsistence of design right
  • Ownership of design right
  • Infringement of design right

Copyright law

  • Subsistence of copyright
  • Authorship and ownership
  • Infringement of copyright
  • Defences to copyright infringement
  • Moral rights
  • The relationship between copyright and designs law

IPLC009 - Foundations of English Law for Trade Mark Attorneys

General areas taught within this module include:

Foundations of Law – General Principles

  • Classifications of law
  • Court structure
  • Sources of law
  • Precedent
  • Statutory interpretation
  • The European Union
  • Contract
  • Property – real and personal
  • Tort
  • Equity
  • Introduction to civil procedure
  • Introduction to evidence law

Foundations of Law – Intellectual Property

  • Introduction to intellectual property
  • Patents and related IPR
  • Confidentiality
  • Overlap between intellectual property rights
  • Remedies and enforcement
  • Geographical indications
  • Olympic symbols
  • Intellectual property transactions
  • IP taxation

Foundations of Trade Mark Law

  • Basic principles of trade mark law
  • Systems of protection – registered and unregistered trade marks
  • Systems of registration (including an introduction to the Community Trade Mark)
  • An introduction to unfair competition
  • International agreements (including introduction to the Madrid System)

IPLC010 - Trade Mark Law and Practice A

General areas taught within this module include:

Registered Trade Marks in the UK

  • Trade Marks in Europe – National Registrations
  • The ‘Harmonisation’ Directive
  • The role of the ECJ

Who may apply – Basis of application

  • Absolute grounds
  • The relevance of the ‘specification’
  • The’ sign’ requirement
  • Graphical representation
  • The concept of distinctiveness
  • Distinctiveness acquired through use
  • Deceptive signs
  • Functionality

Relative grounds

  • The concept of global appreciation
  • Identical signs and goods or services
  • Confusion
  • Marks with a reputation
  • Trade names – company names
  • Other rights

The role of UKIPO

  • Application procedure
  • Oppositions

Appeals

  • The Appointed Person and the Courts

Exploiting a trade mark registration

  • Assignments
  • Licensing
  • Franchising
  • Security interests
  • Due diligence exercise

The Community Trade Mark System

  • Trade Marks in Europe – Community Trade Mark Registrations
  • The CTM Regulation
  • The architecture of coexistence
  • Conversion
  • Seniority

Who may apply – Basis of application

Absolute grounds

  • The 'sign' requirement
  • Graphical representation
  • The concept of distinctiveness
  • Distinctiveness acquired through use
  • Deceptive signs
  • Functionality

Relative grounds

  • The concept of global appreciation
  • Identical signs and goods or services
  • Confusion
  • Marks with a reputation
  • Other national rights

The role of OHIM

  • Application procedure
  • Oppositions
  • Appeals
  • Boards of Appeal
  • The role of the CFI and the ECJ

CTM Transactions


IPLC011 - Trade Mark Law and Practice B

General areas taught within this module include:

Registered Trade Marks in the UK

  • Maintaining a registered trade mark
  • Challenging a trade mark registration
  • Revocation
  • Invalidity
  • Evidence of use
  • Renewals
  • Scope of protection
  • Infringement
  • Defences
  • Enforcement
  • Comparative advertising and other special topics

Mock trial exercise

The Community Trade Mark System

  • Maintaining a CTM
  • Challenging a CTM registration
  • Revocation
  • Invalidity
  • Evidence of use

Renewals

  • Scope of protection
  • Infringement
  • Defences
  • Enforcement (see also EU enforcement under Foundations above)

International Agreements

  • The ‘umbrella’ of Paris
  • The Madrid System
  • The Relationship between the Agreement and the Protocol

The Agreement

  • Who may apply – Basis of application
  • A ‘bundle’ of national rights
  • Application and registration process
  • Central attack
  • Renewals

The Protocol

  • Who may apply – Basis of application
  • A ‘bundle’ of national rights
  • Application and registration process
  • Central attack
  • Renewals

Protection against ‘unfair trading’

  • Passing off, injurious falsehood, other torts

The European dimension

  • Consumer protection
  • Geographical indications
  • Human rights

Comparative Trade Marks and Unfair Competition

  • Overview of the law of registered trade marks in the U.S.A., Japan, Brazil, Russia, India, China, South Africa, and other jurisdictions
  • Overview of protection against unfair competition in the U.S.A., Germany, France, Australia, and other jurisdictions
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