Copyright, Trademark and Patent (LAW384H1S)

The aim of the course is to provide the student with the fundamentals of copyright, trademark, and patent law and practice. Topics to be examined under the rubric of copyright include the protection of dramatic, musical, artistic, and literary works (including computer software); the relation between authorship and ownership; originality; the idea/expression dichotomy; infringement; and the defence of fair dealing. Topics to be examined under the rubric of trademarks include the differences between the common law action for passing-off and trademark infringement; distinctiveness; use; and the criteria for trademark registration. Topics to be examined under the rubric of patent include subject matter, novelty; non-obviousness; utility; sufficiency; and infringement. We will throughout endeavour to distinguish between copyright, trademarks and patent, to explore questions of overlapping protection, consider issues of ownership and licensing, and international aspects of intellectual property law.