LEGAL ASPECTS OF BRAND MANAGEMENT

SHE Level 5
SCQF Credit Points 15.00
ECTS Credit Points 7.50
Module Code MMW226480
Module Leader Natascha Radclyffe-Thomas
School GCU London
Subject GCU London
Trimesters
  • B (January start)
  • A (September start)

Summary of Content

The module aims to provide participants with a thorough grounding in key legal aspects of luxury management and their interaction with the contextual forces affecting the luxury sector. It will enable learners to acquire an advanced conceptual understanding of niche aspects of law with special emphasis on the ways in which the intangible capital and valuable know-how of luxury brands can be effectively protected, managed and exploited at a national, regional and international level. 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

The module will indicatively cover the following subject matters: - Copyright for business - Trade secrets, patents, know-how and confidentiality - Industrial design protection - The protection of trade marks, business goodwill and reputation - IPR strategy, audit, due diligence and valuation - Data protection and e-privacy: cookies, big data, machine learning and profiling - Luxury brands, marketing communications and advertising standards - The law and social media policies for advertising and public relations

Learning Outcomes

On successful completion of the module the student should be able to:-1. Critically evaluate legal arguments and evidence, and recognise potential alternative conclusions for practical situations in areas related to brand management;2. Demonstrate an in-depth and critical understanding of the crucial role of intellectual property rights in protecting innovative and creative endeavour within a business environment;3. Identify, apply and assess principles of law relating to ownership rights and marketing protection as applicable to commercially valuable information, ideas, new products and product marketing;4. Demonstrate problem-solving abilities and the capacity to effectively communicate complex legal concepts, orally and in writing, to a variety of audiences.

Teaching / Learning Strategy

The module seeks to fulfil its aims through a combination of weekly lectures and seminars. Lectures will introduce participants to the weekly subject matter (including topical debates) and form the foundation for guided independent study. Audio-visual materials will be used to enhance students' learning experience. Seminars will explore in greater detail contemporary issues and equip students with a more in-depth understanding of the legal principles covered in lectures through practical legal reasoning problem scenarios. Participants will be expected to engage actively in class debates, having been provided with a relevant reading list beforehand. In-class learning activities and formative assessments: A week before the final presentations, the groups will be paired so that they can listen to each other's dress-rehearsal presentations and give each other feedback on the content of the presentation and its delivery, using the 2+2 Feedback Formula to note two positive aspects and two aspects that could be improved. The instructor will then meet with each group to review the feedback they received and offer comments on the overall effectiveness of the presentation. Weekly seminars consisting of one or more practical problem questions designed to consolidate knowledge gained in lectures. Online learning can be used to complement face-to-face learning in a blended delivery and also as a pure online mode through the GCU Learn Blackboard VLE. The online pedagogic approach involves the use of uploaded learning materials, learning activities and engagement through both synchronous and asynchronous tools; including discussion boards, padlet, quizzes and Collaborate.

Indicative Reading

Books Aplin T and Davis J, Intellectual Property Law: Text, Cases and Materials (3rd edn, OUP 2017) Bently L, Sherman B, Gangjee D and Johnson P, Intellectual Property Law (5th edn, OUP 2018) Bernaz N, Business and Human Rights: History, Law and Policy (Routledge 2016) Cheeseman HR, Legal Environment of Business: Online Commerce, Ethics, and Global Issues (8th edn, Pearson 2016) Dall'Olmo Riley F, Singh J and Blankson C (eds), The Routledge Companion to Contemporary Brand Management (Routledge 2016) DiMatteo L, International Business Law and the Legal Environment: A Transactional Approach (3rd edn, Routledge 2016) Fenwick M and Wrbka S, International Business Law: Emerging Fields of Regulation (Hart Publishing 2018) Jones L, Introduction to Business Law (5th edn, OUP 2019) Pila J and Torremans P, European Intellectual Property Law (2nd edn, OUP 2019) Rosenbaum-Elliott R, Percy L and Pervan S, Strategic Brand Management (4th edn, OUP 2018) Sun H, Beebe B and Sunder M, The Luxury Economy and Intellectual Property: Critical Reflections (OUP 2015) Journals Journal of Advertising Journal of Brand Management Journal of Business Law Journal of Intellectual Property Law and Practice European Intellectual Property Review Intellectual Property Quarterly Managing Intellectual Property Int'l Review of Intellectual Property and Competition Law Legal databases and online legal research tools https://login.westlaw.co.uk/maf/wluk/app/authentication/signon Westlaw: online source of legal and business information https://home.heinonline.org/ HeinOnline https://eur-lex.europa.eu/ EUR-Lex www.bailii.org BAILII: British and Irish Legal Information Institute http://www.legislation.gov.uk/ The official home of revised enacted legislation in the UK from the year 1265

Transferrable Skills

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

Module Structure

Activity Total Hours
Practicals (FT) 12.00
Independent Learning (FT) 72.00
Seminars (FT) 12.00
Assessment (FT) 40.00
Tutorials (FT) 2.00
Lectures (FT) 12.00

Assessment Methods

Component Duration Weighting Threshold Description
Course Work 02 n/a 50.00 45% Summative Practical problem question, asking students to apply their knowledge of the law to a given factual scenario
Course Work 01 n/a 50.00 45% Group presentation: 15 minutesSummative Presentation on a contemporary case study from a range of legal topics set by the tutor.