CODE | MCT4006 | ||||||||
TITLE | Introduction to Intellectual Property and the ¸£ÀûÔÚÏßÃâ·Ñ Society | ||||||||
UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||
MQF LEVEL | 6 | ||||||||
ECTS CREDITS | 4 | ||||||||
DEPARTMENT | Media, Communications & Technology Law | ||||||||
DESCRIPTION | The study-unit refers to Intellectual Property law and its relationship to digital technologies, especially the Internet. The study-unit will approach three main sectors of Intellectual Property law, namely Copyright, Trademark and Patent Law. The perspective of the study-unit will be a European one, as the EU has been heavily interfering with Intellectual Property Law, especially due to the widespread use of digital technologies that have transformed the production, distribution and consumption of cultural and industrial immaterial goods. National and international developments will, nonetheless, also be examined in order to facilitate a comparative analysis of the relevant issues. The Internet and all the emerging technologies that support the new digital galaxy of communications operate in a free and open environment by design, while, at the same time, they minimize the cost of producing and consuming informational goods. In that sense, they seem to be contradicting the existence of Intellectual Property rights. The EU legislator has now amassed a two decade experience of trying to find a compromise in this standoff between technology and the law (especially Intellectual Property Law) and this study-unit will guide the students to this legal and regulatory trip. The rich case-law of the CJEU will be the necessary compass that will accompany this endeavour. In view of the above, the study-unit will explore key issues such as (the list is indicative): Why do Intellectual Property Rights exist? What is the impact of digital technologies on them? What is protected under copyright? What are the limitations imposed by copyright on our digital cultural goods? What is the relationship of copyright with Creative Commons? Are trademarks in danger to be superseded by domain names? How do we protect computer programs and why? What about digital games? What is Digital Rights Management? Should it exist and how? How are databases protected and why is it important to do so? Study-Unit Aims: The primary aim of the study-unit is to provide an introduction to Intellectual Property law, as well as to the legal and regulatory particularities that emerged due to the major technological innovations in digital networks over the past two decades. The study-unit will introduce students to the relevant legal and regulatory developments (mainly in the EU but with comparative national and international elements), explore the transformation of Intellectual Property from a national market instrument to a regional and international tool of economic development, and analyse the bold legislative steps taken by the EU in order to create a functioning digital environment, where both right-holders and users will benefit from the digitalization of informational goods. The role of the CJEU will also be a focal point, as students will be offered the opportunity to navigate through its key case-law in the area. A second aim is to allow students to explore the gradual transformation of Intellectual Property from a market mechanism, to a major right-holder fundamental right that shall coexist organically with the fundamental rights of users, such as privacy, data protection and freedom of expression. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Identify which forms of intellectual property are applied in the information society and how and to what they are applied. - Explore the basic justifications for the creation of a protective regime for Intellectual Property rights. - Explore the impact of digital technologies and their free and open culture on the basic justifications for the protection of Intellectual Property rights. - Investigate why the EU is interested and why it is heavily regulating the digital challenges to Intellectual Property rights. - Examine the transition of Intellectual Property law from a market tool to a fundamental right, especially with regard to the information society. - Examine the ways in which distributed computer networks such as the Internet, along with other forms of information and communications technology, challenge the application and enforcement of intellectual pro 2. Skills: By the end of the study-unit the student will be able to: - Identify the basic philosophy of Intellectual Property Law, especially its fundamental rights and market dimensions. - Identify the relevant EU and International legislation and navigate through its provisions. - Interpret and apply legal rules on intellectual property to digital content and services. - Explore the relationship between traditional monopolistic intellectual property regulatory schemes with alternative open and free content movements. - Perform an analysis of relevant EU case law. - Apply the basic principles of Intellectual Property Law to new challenges, especially those created by digital communication technologies. - Perform comparative interpretation of EU case law, texts and materials, especially through the lenses of national and international developments. Main Text/s and any supplementary readings: Main Texts: - Seville C., EU Intellectual Property Law and Policy (2nd edition, Edward Elgar Publishing 2016) - not available at library - Pila J., Torremans P., European Intellectual Property Law (2nd edition, Oxford University Press 2019) - not available at library - Kur A., Dreier Th., Luginbuehl St., European Intellectual Property Law (2nd edition, Edward Elgar Publishing 2019) - not available at library - Stamatoudi I., Torremans P., EU Copyright Law-A Commentary (2nd edition, Edward Elgar Publishing 2021) Supplementary Readings: - Lessig L., Free-How Big Media Use Technology and the Law to Lock Down Culture and Control Creativity, available at: http://files.camolinaro.net/200000376-309f33199c/Free%20Culture_L.LESSIG.pdf - Wu T., The Master Switch: The Rise and Fall of ¸£ÀûÔÚÏßÃâ·Ñ Empires (Penguin Publications 2010); - Benkler Y., The Wealth of Networks-How Social Production Transforms Markets and Freedom, available athttp://www.benkler.org/Benkler_Wealth_Of_Networks.pd |
||||||||
STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
METHOD OF ASSESSMENT |
|
||||||||
LECTURER/S | Ioannis Revolidis Mireille-Martine Sant (Co-ord.) |
||||||||
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 2025/6. It may be subject to change in subsequent years. |