Principles of Intellectual Property Law

Overview

This half-option focuses on the foundational concepts that underpin the intellectual property system; a system that James Boyle has described as providing ‘the legal form of the information age’. The course will be divided into two parts.

The first part will explore the foundational ideas that we use to justify affording exclusive rights over some forms of intellectual labour but not others. We look at concepts like ‘originality’ and ‘novelty’ as preconditions for protection, and consider the relationship between these ideas and whether they make sense. We explore why intellectual property scholars are concerned about so-called ‘overlaps’ (i.e. that some forms of intellectual labour may attract more than one form of protection) even though similar concerns do not feature prominently in other areas of the law. We also look at the different options for delineating the boundaries of protection: sometimes we rely on limits to the scope or duration of rights, whilst at other times we use exceptions or defences to preserve public interest values. Finally, we consider the relationship between intellectual property systems and private ordering: to what extent can social norms and contract substitute for intellectual property protection; conversely when and why do we allow intellectual property rules to trump freedom of contract.

The second part of the course identifies four lenses through which intellectual property law might be viewed. This reflects our overall aim of equipping you with the tools to analyse and critique intellectual property rights. For example, we look at whether it is accurate to describe intellectual property rights as a species of property, and what might be at stake in that debate. Many undergraduate intellectual property courses focus almost exclusively on domestic law; but to what extent are local laws influenced by international instruments, and how has the making and content of those instruments changed over time?

Learning outcomes: to provide a critical introduction to the principles that underpin the intellectual property system, suitable both for those who have studied IP before and those who are new to this branch of the law. To expose students to a series of ideas and ways of thinking about IP that will enhance their ability to engage in critical and normative analysis of this areas of the law.