| CODE | CML4014 | ||||||||
| TITLE | Intellectual Property | ||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Commercial Law | ||||||||
| DESCRIPTION | Learning Outcomes: • To enable students to understand the nature of intellectual property rights (“IPR”); • To enable students to understand the categories of IPR recognized by law; • To enable students to acquire a basic understanding of the law relating to copyright and neighbouring rights; • To enable students to acquire a basic understanding of the requirements for registering a trade mark and the protection given to registered trademarks; • To enable students to acquire a basic understanding of patent law. Description: • The nature of Intellectual Property Rights (“IPR”). • Categories of IPR currently recognized by Maltese law. • Copyright and Neighbouring Rights (Maltese Copyright Act 2000) - Protected works and materials - International Conventions relating to the various categories - Copyright – Authors’ Rights - Works: (i) Literary Works; (ii) Musical works; (iii) Artistic works; (iv) Audiovisual Works; and (v) Databases - Conditions: (i) qualification; (ii) Originality; and (iii) Fixation - First Ownership and Dealings in Copyright - Duration - Economic Rights: (i) Reproduction Right; (ii) Rental and Lending Right; (iii) Distribution Right; (iv) Translation Right; (v) Adaptation Right; (vi) Broadcasting Right; (vii) Public Display or Performance Right - Moral Rights - Infringement – Primary and Secondary infringement - Neighbouring Rights - Performers’ Rights - Producers’ Rights - Broadcasters’ Rights - Sui Generis Rights - Database Right - Semiconductor Topography Right • Trade Marks (Maltese Trademarks Act 2000) - Laws which protect trade marks: unfair competition and registration of trade marks – NB – this study unit covers the law relating to registration of trade marks and the protection of registered trade marks since the law on unfair competition is dealt with separately - Definition of “trademark” – “signs” which can be registered - Grounds for refusal of registration: absolute and relative grounds - Infringement of a registered trade mark; - Invalidity and revocation of registration. • Patents (Maltese Patents Act) - The Patent System - Patent Applications: specification, clainms and priority - Patentability - Ownership - Period of Protection - Grounds for declaring patent invalid: - Lack of novelty - Obviousness - Insufficiency - Obtaining - Not an invention Reading List: • Bently and Sherman, Intellectual Property Law: 3rd ed. OUP September 2008. • Cornish and Llewellyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights: 6th ed published by Sweet & Maxwell in June 2007. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Camilleri Tiziana Filletti (Co-ord.) |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years. |
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