School of Law

Certificate in Trade Mark Law and Practice - Modules

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

Students are required to pass all modules to achieve the qualification. Minimum pass mark is 50%.

All modules are compulsory and award the successful candidate foundation qualification status as trade mark attorneys. The modules and programme are approved for professional exemption purposes by the Intellectual Property Regulation Board (IPReg) and the Chartered Institute of Trade Mark Attorneys (CITMA).

Upon successful completion of the full programme students are awarded the Postgraduate Certificate in Trade Mark Law and Practice.

The initial examination period runs over a 6 week period from late April to mid-June annually, with resits taking place over 2 weeks from late July through to mid-August.
Graduation Date: December annually.

Modules

IPLC025 - Fundamentals of Law and Professional Ethics
IPLC108 - Designs and Copyright
IPLC110 - Trade Mark Law and Practice A
IPLC111 - Trade Mark Law and Practice B

IPLC025 – Fundamentals of Law and Professional Ethics

This module aims to give students general knowledge of the legal system in order to understand sources of law, the effects on intellectual property and the interaction between intellectual property and other areas of law. Students will obtain knowledge of the legal system and legal language and the ability to apply this understanding to various legal questions. In particular, they will gain an overview of legal principles and their application to various situations and problems. Students will acquire skills and experience in the assimilation and analysis of complex material from various sources, and will present the relevant knowledge and understanding through reasoned and supported research papers. The module will promote research skills as well as deliver practical and commercial skills for further training or research as desired.

The module is examined by a multiple choice question paper at the end of September/early October annually.

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)

Professional Ethics in Intellectual Property

Introduction to Professional Ethics: The IPReg Code of Conduct; standards of care and duties to clients

Company Ethics and Professional Conduct: Conflicts of interest; client confidentiality; financial activity professional integrity

IPLC108 - Designs and Copyright

The module offers a detailed introduction to the copyright and design law of the United Kingdom and the European Union.

Areas specifically covered in this module include:

• Subject-matter
• Ownership, exclusive rights
• Infringement, Moral rights
• Permitted acts,
• Introduction to design protection - overlaps and relationships copyright/designs
• Laws and procedures (UK, EUIPO), Qualification for protection
• Ownership, infringement, defences, invalidity
• Creation and management of design portfolios
• Design right under the CDPA 1988

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IPLC110 - Trade Mark Law and Practice A

The module will help the student acquire a basic introduction and of the law of trade marks, primarily within the UK but with reference to other jurisdictions. The focus will be on the national registration systems based on the European Trade Mark Directive, the Community Trade Mark system, and with reference to other International registration systems and filing strategies will be considered as well. The core underlying purpose of the module is the fundamental teaching of basic trade marks to the trainee IP attorney.

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

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IPLC111 - Trade Mark Law and Practice B

The module will help the student acquire a more advanced knowledge of trade marks, primarily within the UK but with reference to other jurisdictions. This module aims to cover the more specific areas of trade mark law with reference to those intending to specialise in trade marks specifically.

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