LEGAL ASPECTS OF BRAND MANAGEMENT

SHE Level 5
SCQF Credit Points 4.00
ECTS Credit Points 2.00
Module Code MMNY24898
Module Leader n/a
School School of Computing, Engineering and Built Environment
Subject GCU New York
Trimesters
  • A (September start)
  • B (January start)
  • C (May start)

Summary of Content

This module focuses on and contextualises niche aspects of law so as to be accessible to those without prior legal study of intellectual property law or regulation. Practical and managerial procedures will be emphasised in the protection and exploitation of IP rights related to trade marks, domain names, passing off, design rights, patent rights, copyright, and issues relating to advertising standards; whilst study of historical developments, contemporary theory, reform proposals, international perspectives, and current law and practice in IP law will provide the foundations for critical, analytical and legally creative thinking, appropriate to Masters standard.

Syllabus

Trade Mark law - statute, case law, and international regulation: including registration internationally, Nice classifications, unregisterable marks, confusion, 'own brands', collective marks, slogans, jingles, personal names, 'image rights', 'zombie' marks, goodwill and passing off, trade secrets, parallel imports, TRIPS, licensing and franchising, fair use in comparative advertising, domain names and .brand gTLD, infringement and penalties. Design Rights - statute, case law and international regulation: including registering internationally, unregistered marks, scope of protection, overlapping of design protection and copyright, packaging and trade mark issues, infringement. Patent law - statute, case law and international regulation: including registering internationally; state of the art, protection of unique selling point; look and feel interface, confidentiality agreements, exclusivity and licensing. Copyright - statute, case law and international regulation: including images, films, music, parody, merchandising deals. Advertising standards and libel. Viral advertising.

Learning Outcomes

On successful completion of this module, the student should be able to:1. Demonstrate advanced understanding and detailed knowledge of specialist legal matters directly related to brand management.2. Comprehend key conceptual issues in intellectual property law directly relevant to the legal regulation of brands and associated rights.3. Identify, analyse, and creatively synthesise knowledge and theory of intellectual property law, nationally and internationally, which is directly relevant to brand strategy and management.4. Critically apply advanced, practical, knowledge and comprehension of legal matters to brand management.5. Evaluate and review brand strategy in theory and practice within global regulatory context and demonstrate advanced problem solving abilities.6. Demonstrate advanced research skills on legal issues directly relevant to brand management using primary and secondary legal sources, including specialist electronic data bases for legal research. 7. Demonstrate enhanced written and oral communication, group work skills and social interaction related to the domain of legal thought and specialist practice directly relevant to brand management.

Teaching / Learning Strategy

The teaching strategy will principally rely on the direct delivery of knowledge and core concepts in person, or in live, real-time, active, webinars. These will be supported by off-line materials, recordings, and written materials. Students will be encouraged to use chat rooms and to respond to direct delivery in the GCU VLE. Students will also be required to actively participate in independent learning by engaging in traditional legal problem solving and reasoning exercises, and also by preparing for seminars by reading materials in advance and leading a seminar. GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCULearn to ensure student support and information sharing.

Indicative Reading

Text books Howell and Bainbridge, Intellectual Property Asset Management: How to Identify, Protect, Manage and Exploit Intellectual Property within the Business Environment. Routledge, 2013. MacQueen and ors, Contemporary Intellectual Property Law and Policy , 2 nd ed. Oxford, 2011. Christie and Gare, Blackstone's Statutes: Intellectual Property, Oxford, 2012. Aplin and Davis, Intellectual Property Law: Text, cases and Materials, 2 nd ed. Oxford, 2013 Reference Lawrence, Clive, Brands: Law, Practice and Precedents, Jordans, 2008. Other Smith, Shireen, Legally Branded (Brand law - Logos, Trade Marks, Designs, Copyright & Intellectual Property, Internet Law & Social Media Marketing), Amazon (Kindle), 2013. Steward, Geoff, Logos and No Logos: How to Understand and Get the Most Out of your Brand, John Wiley & Sons, 2006. (Also e-book) Da Silva Lopes and Duguid, Trade Marks, Brands and Competitiveness (Routledge International Studies in Business History), 2010. (Also e-book) Bentley and ors, Trade Marks and Brands: An Interdisciplinary Critique (Cambridge Intellectual Property and Information Law), 2008. (Also e-book). Journals Managing Intellectual Property Journal of Brand Management ( both available electronically via GCU Library page) Blogs <http://ipkitten.blogspot.co.uk> . Web Intellectual Property Office www.ipo.gov.uk <http://www.ipo.gov.uk> www.ipwatchdog.com <http://www.ipwatchdog.com>

Transferrable Skills

-360b7 Cognitive/intellectual skills b7 Communication skills: written, oral and listening b7 Critical thinking and problem solving b7 Independent working b7 Information retrieval skills b7 Learning through reflection -360b7 Planning, monitoring, reviewing and evaluating own learning and development

Module Structure

Activity Total Hours
Lectures (FT) 22.00
Assessment (FT) 40.00
Independent Learning (FT) 116.00
Seminars (FT) 22.00

Assessment Methods

Component Duration Weighting Threshold Description
Presentation n/a 20.00 n/a Group presentation
Essay 2 n/a 50.00 n/a Essay (Contemporary Issues) - 3,500 words
Essay 1 n/a 30.00 n/a Essay (legal reasoning problem) - 2,000 words