Postgraduate LLM Coursework Assignment 2020/21
Commercialization of IP
Assessment Type Percentage (%) counting towards overall module mark Assignment Deadline (where appropriate) Word Limit
Coursework 3000 words
Question 3
In the recent Case AT. 40433 – Film merchandise involving the legality of licensing agreements covering trade marks and other IP rights under Art. 101 TFEU, the European Commission stated the following:
‘In Consten and Grundig, the Court established a distinction between the existence and the exercise of intellectual property rights with regard to an agreement for the assignment of a trade mark aimed at partitioning the internal market. The Court held that rights under national trade mark law, such as the right to assign the trade mark, cannot be exercised so as “to frustrate the Community’s law on cartels”’.
(European Commission, Case AT. 40433 – Film merchandise, C(2020) 359 final, para. 90)
Critically discuss this statement, reflecting upon the functions of trade marks and the interaction between trade mark law and EU competition law.
address in your discussion the following points:
– When are trade mark protection and competition reinforcing and complementing each other? When are both in tension with each other?
– How do trade mark and EU competition law address and resolve these tensions? What is the role of the distinction between the existence and the exercise of the trade mark rights in this respect?
– Is the case law of the EU courts and the European Commission drawing the right balance between trade mark protection, innovation and competition?
Support your discussion with concrete examples from the relevant case law, legal guidance papers and academic literature.
Critically discuss this metaphor of the ‘patent bargain’. Please address in your discussion the following points:
– What is the underpinning rationale of the ‘patent bargain’?
– Why do recent developments in the commercialization of patents challenge the ‘patent bargain’ by undermining innovation and competition rather than promoting them?
– How do IP and competition law tackle these issues?
– Are the solutions devised by courts and authorities drawing the right balance to promote innovation and protect competition?
Support your discussion with concrete examples from the relevant case law, legislation, legal guidance papers, and academic literature.
Format
Font Size: 12 Point
Font Type: Times New Roman
Line Spacing: 1.5
Left and right hand margins: 1.25”
Top and bottom margins: 1”
Referencing
Your coursework should clearly distinguish between your original words and ideas, and those of others. When referring to the work of others, from books, journals or any other source (including the internet), it is essential that you make this clear by acknowledging your source and referencing correctly. Failure to reference correctly will lose you marks and may constitute plagiarism or collusion.
You should make use of the Oxford system of referencing, OSCOLA. Full details of its requirements can be found here: http://www.law.ox.ac.uk/publications/oscola.php . A useful short guide is here: https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide.pdf
University Policy on Plagiarism and Collusion
It is important that all students familiarise themselves with the rules and regulations regarding plagiarism and collusion. Understanding these rules will help you to avoid plagiarism and to maintain the quality of your academic work.
Word limit
One of the assessment criteria for this coursework is a requirement to write to a specified word length (see below) as it is an important professional skill for any aspiring lawyer. Students should declare the word count on the first page (or cover page) of their assessed work. Note that footnotes are NOT included in the word count. Footnotes should only be used for referencing purposes and not for substantive comments or argument, and footnotes containing any additional information or discussion will not be read.
The word count does NOT include the required front sheet, contents page, the bibliography or any appendices. For the avoidance of doubt, your bibliography should list/collate only the material you refer to in your substantive piece (i.e. your references); it is NOT a list of all the material you have read in order to construct your answer.
Learning and Teaching Service Staff may check the accuracy of your stated word count.
Students are permitted to go up to 10% over the word limit without penalty. However, the ability to write concisely is considered a key legal skill. Where a student exceeds the word limit by more than 10%, there will be a deduction of 10 marks off the original mark. In addition, the marker is only obliged to read up to the 10% limit but is not obliged to read beyond it. There shall be no deduction of marks or other penalty where an item of coursework otherwise does not meet the expected word length. However, it is important to remember that failing to provide sufficient material, producing material that lacks focus or including material that is irrelevant will probably result in a lower mark on the basis of the lack of academic merit of the work submitted.
Coursework Deadlines
All coursework must be submitted by 15:00 on the specified date. Failure to submit on time without an approved (or where relevant and applicable self-certified) extension will result in a penalty for late submission.
All coursework must be submitted electronically via Blackboard.
Work submitted after the deadline must also be made electronically. Students can view their submissions date / time on the portal.
Please note that the deadline represents the last time that a piece of work can be submitted, and not a target. You are advised to plan ahead, and submit work well in advance of the deadline.
This will help to ensure that any last minute delays do not result in late submission.
You should plan your work so that minor delays do not prevent submission on time. In all cases, you should ensure that you make regular backup copies of all coursework in progress.