Intellectual Property Law — Overview

ip microsite logoFor more detailed information about our work in this area, see also the dedicated Oxford Intellectual Property Research Centre website


Forthcoming Subject Events


May 2013

Oxford Intellectual Property Research Centre
How To Reshape Treaties Without Negotiations: Intellectual Property Enforcement As A Case Study Of Global Governance By Stealth
Speaker: Dr Valéria Guimarães de Lima e Silva, Hauser Fellow at NYU
University College Swire Seminar Room at 12 Merton Street at 14:00

June 2013

Oxford Intellectual Property Research Centre
From Goods to a Good Life - Intellectual Property and Global Justice
Speaker: Prof. M. Sunder , UC Davis School of Law
Oxford Law Faculty Senior Common Room at 13:00
Oxford Intellectual Property Research Centre
International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP)
Pembroke College

October 2013

Institute of European and Comparative Law
Perspectives on the Unitary (EU) Patent System
Oxford

News

Oxford International Intellectual Property Moot and Conversazione 2013

Oxford International Intellectual Property Moot 2013

The annual Oxford International Intellectual Property Moot was held at the Faculty of Law and Pembroke College from 14 to 16 March 2013 [more…]

Astor Fund Visiting Lectureship 2013: Professor Mark Rose

The Oxford Intellectual Property Research Centre and the Faculty of English will host Professor Mark Rose (University of California, Santa Barbara) as the Astor Lecturer in Trinity 2013 [more…]

Call for Papers: Empirical Studies of Trademark Data Workshop at USPTO, September 26-27 2013

CALL FOR PAPERS

EMPIRICAL STUDIES OF TRADEMARK DATA WORKSHOP AT USPTO

SEPTEMBER 26-27, 2013

 

Engelberg Center on Innovation Law and Policy, New York University School of Law

and the

United States Patent and Trademark Office

 

in cooperation with

 

Center for Law & Economics, ETH Zurich

Oxford Intellectual Property Research Centre

University of East Anglia

 

We are seeking paper proposals from economics, management, and legal scholars on the empirical study of trademark data for a one-and-a-half day workshop at the U.S [more…]

Oxford International Intellectual Property Moot Finals 2013

The universities that have been invited to the Oxford International Intellectual Property Moot Finals have been announced [more…]

Oxford Diploma in Intellectual Property Law and Practice Alumni Reception

The Faculty of Law hosted its annual Diploma in Intellectual Property Law & Practice Alumni Reception at the Royal Society in London on 25 February.  The event, attended by about 60 Diploma alumni and tutors, featured a fascinating talk by Geoffrey Hobbs QC (One Essex Court) on trade mark cases before the the European Court of Justice.  The Diploma in Intellectual Property Law and Practice is taught jointly by senior Oxford academics and senior practitioners from law firms and chambers [more…]

Leading Copyright Historian Appointed as Astor Lecturer for Trinity 2013.

The Oxford Intellectual Property Research Centre and the Faculty of English will host Professor Mark Rose (University of California, Santa Barbara) as the Astor Lecturer in Trinity 2013.  Professor Rose has had extensive involvement in copyright litigation over thirty years and is one of the world’s leading historians of copyright.  He is currently working on a book for Harvard University Press that focuses on six copyright cases spread over 250 years [more…]

Project on Empirical Studies of Trade Mark Data.

The Oxford Intellectual Property Research Centre is working with several partners to support scholarship using the empirical study of trade mark data [more…]

European Copyright Society Opinion on the Reference to the Court of Justice in Svensson

photo of Graeme Dinwoodie

Professor Dinwoodie is a member of the European Copyright Society which recently published an Opinion on The Reference to the CJEU in Case C-466/12 Svensson (15 February 2013).  The case, which was referred to the Court by the Swedish Court of Appeal, raises the important question whether setting a hyperlink to a copyright protected work amounts to ‘communication to the public’ within the meaning of the Information Society Directive [more…]

The 2012 International Intellectual Property Moot and Conversazione

The annual International Intellectual Property Moot and Conversazione were held on 16 and 17 March 2012 at St Catherine’s College [more…]

Pattishall Medal for excellence and innovation in teaching

The Oxford Law Faculty congratulates Professor Vaver, Emeritus Professor of Intellectual Property & Information Technology Law, on being awarded the Pattishall Medal for excellence and innovation in teaching of subjects related to trademarks and trade identity, having been nominated by one of his former students [more…]

Oxford Diploma in Intellectual Property Law and Practice Alumni Drinks Reception and Talk

On Tuesday 28 February, the Faculty of Law hosted the first Diploma in Intellectual Property Law and Practice Alumni Drinks and Talk at the Oxford Cambridge Club in London [more…]

International Intellectual Property Moot 2011

The annual International Intellectual Property Moot was held on 18 and 19 March 2011.  A record number of submissions were received this year [more…]

The Third Intellectual Property Conversazione

The Third Intellectual Property Conversazione was held at St Catherine’s College, Oxford on Friday 18 March, in conjunction with the Oxford International Intellectual Property Moot [more…]

Oxford International Intellectual Property Moot Finals 2011

The universities that have been invited to the Oxford International Intellectual Property Moot Finals have been announced.   A list of the short-listed universities is available here [more…]

International Intellectual Property Moot 2010

St Catherine’s College on Saturday 20th March saw the conclusion of the Oxford IP Research Centre (OIPRC)’s eighth annual mooting competition, hosted for the first time by its new Director, Professor Graeme Dinwoodie [more…]

IP Conversazione

The Second Intellectual Property Conversazione was held at St Catherine’s College, Oxford on Friday 19 March, in conjunction with the Oxford International Intellectual Property Moot.  Hosted by the Oxford Intellectual Property Research Centre, the IP Conversazione brought together five very different speakers to discuss aspects of the broad question “Is Copyright Good for Music?” in a panel chaired by Oxford’s Professor of Intellectual Property and Information Technology Law Graeme Dinwoodie.  Lord Gill, the Lord Justice Clerk of Scotland and former Chair of Governors of the Royal Scottish Academy of Music and Drama, provided valuable background on the history of the statutory development of the UK law protecting musical works [more…]

IP Diploma News

The Oxford Diploma in IP Law and Practice is a one-year, part-time, masters-level vocational course, designed to give junior lawyers embarking on a career in IP a grounding in the fundamentals of IP law and practice [more…]

Professor Graeme Dinwoodie elected to Oxford Chair in Intellectual Property Law

Professor Graeme Dinwoodie has been named as Professor of Intellectual Property and Information Technology Law at Oxford University [more…]

New IP Diploma begins

The Oxford Diploma in IP Law and Practice has begun, with a two-week intensive course last month for 55 early-career practitioners taking the course [more…]

OIPRC becomes an official centre of the Law Faculty

In October 2008 the Oxford Intellectual Property Research Centre (OIPRC) became a Centre of the Oxford Law Faculty, taking its place alongside an increasing number of multidisciplinary centres [more…]

New IP Diploma is approved

The Oxford Diploma in Intellectual Property Law and Practice has been approved by the University’s Educational Policy and Standards Committee, and will run from 2008-9 [more…]

Inaugural International Intellectual Property Moot

The International IP Moot ran on 22 and 23 March 2003 [more…]

Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Intellectual Property Discussion Group

Publications

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G Dinwoodie, '(National) Trademark Laws and the (Non-National) Domain Name System' (2000) 21 University of Pennsylvania Journal of International Economic Law 495

G Dinwoodie and R. C. Dreyfuss, A Neofederalist Vision of TRIPS: The Resilience of the International Intellectual Property Regime (Oxford Univ. Press 2012) [...]

The TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights), signed on April 15, 1994, introduced intellectual property protection into the World Trade Organization's multilateral trading system, and it remains the most comprehensive international agreement on intellectual property to date. A Neofederalist Vision of TRIPS by Graeme B. Dinwoodie and Rochelle C. Dreyfuss examines its interpretation, its impact on the creative environment, and its effect on national and international lawmaking. It propounds a vision of TRIPS as creating a neofederalist regime, one that will ensure the resilience of the international intellectual property system in time of rapid change. In this vision, WTO members retain considerable flexibility to tailor intellectual property law to their national priorities and to experiment with changes necessary to meet new technological and social challenges, but agree to operate within an international framework. This framework, while less powerful than the central administration of a federal government, comprises a series of substantive and procedural commitments that promote the coordination of both the present intellectual property system as well as future international intellectual property lawmaking. Part I demonstrates the centrality of state autonomy throughout the history of international negotiations over intellectual property. Part II, which looks at the present, analyzes the decisions of the WTO in intellectual property cases. It concludes that the WTO has been inattentive to the benefits of promoting cultural diversity, the values inherent in intellectual property, the rich fabric of its law and lore, the necessary balance between producers and users of knowledge goods, and the relationship between the law and the technological environment in which it must operate. Looking to the future, Part III develops a framework for integrating the increasingly fragmented international system and proposes the recognition of an international intellectual property acquis, a set of longstanding principles that have informed, and should continue to inform intellectual property lawmaking. The acquis would include both express and latent components of the international regime, put access-regarding guarantees such as user rights on a par with proprietary interests and enshrine the fundamental importance of national autonomy in the international system.


ISBN: ISBN13: 978019530461

G Dinwoodie, 'A New Copyright Order: Why National Courts Should Create Global Norms' (2000) 149 University of Pennsylvania Law Review 469

J. Reichman, G Dinwoodie and P. Samuelson, 'A Reverse Notice and Takedown Regime To Enable Fair Uses of Technically Protected Copyrighted Works' (2007) 22 Berkeley Technology Law Journal 981 [...]

The WIPO Copyright Treaty (WCT) recognized the need to maintain a balance between the rights of authors and the larger public interest in updating copyright law in light of advances in information and communications technologies. But the translation of this balance into the domestic laws of the United States and European Union has not been fully successful. In the DMCA, Congress achieved a reasonable balance of competing interests in its creation of safe harbors for internet service providers. However, contrary to its apparent intention, Congress failed to achieve a similar balance of interests when establishing new rules forbidding circumvention of technical protection measures (TPMs) used by copyright owners to control access to and use of their works. The EU Copyright Directive spoke of a commitment to ensuring that certain public interest uses can be made of technically protected works but contains limits that seemingly undermine this commitment. As a result, national implementations of the Copyright Directive have not adequately facilitated public interest uses of technically protected content.
We believe that practical judicial and administrative measures can and should be devised to implement the spirit of the WCT in both the U.S. and EU without reopening the contentious debates that engulfed the process leading up to enactment of the DMCA and the EU Copyright Directive. To this end, we propose adoption of a ?reverse notice and takedown? procedure to help achieve some of the balance in anti-circumvention rules that the WCT endorsed, but which implementing legislation has thus far failed to deliver. Under this regime, users would be able to give copyright owners notice of their desire to make public interest uses of technically protected copyrighted works, and rights holders would have the responsibility to take down the TPMs or otherwise enable these lawful uses.
A reverse notice and takedown regime would achieve for the anti-circumvention rules a comparable symmetry with the balance embedded in the ISP safe harbor rules. It would also effectuate the nascent, but not fully realized, legislative intent to permit public interest uses of technically protected digital content, while at the same time protecting copyright owners against circumvention of TPMs that would facilitate or lead to massive infringements. In the U.S., the most likely way to achieve this goal is through judicial interpretation of the anti-circumvention rules through case by case adjudication. In the EU, by contrast, member states could implement a reverse notice and takedown regime in the course of fulfilling their obligations under Article 6(4) of the Copyright Directive, which requires them to ensure that users of technically protected works can exercise certain public interest exceptions. Nations that have yet to implement the WCT may find our proposed reverse notice and takedown regime provides a far more balanced way to comply with the treaty than the approach being promoted by U.S. trade negotiators.


G Dinwoodie, 'Commitments to Territoriality in International Copyright Scholarship' in Paul Brugger (ed), Copyright -- Internet World (ALAI-Suisse 2003)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Copyright, Patents and Allied Rights

It is commonplace to claim that we live in an information and technological age, and that rights in creative and informational works, and in technology, are becoming increasingly important. In this course we introduce two of the central regimes for the protection of those rights – copyright and patent law – and certain of their allied regimes. Copyright protects literary, musical, dramatic and artistic works, sound recordings, broadcasts, films and published editions, and is supported by the moral rights regime, which protects authors and others against certain wrongs involving the use of copyright-protected works. Patent law protects inventions, and is supported by the breach of confidence action, which protects persons against the unauthorized disclosure of their trade and other secrets. We ask why we have these regimes and how they operate at a national and European level. The course should appeal to those interested in the arts and entertainment industries, publishing, literary theory, information technology, research and development, trade, privacy, medical law and ethics, and intellectual property practice. It will be taught in eight two-hour seminars and six one-hour tutorials spread over Michaelmas and Hilary Terms by Lord L Hoffmann (patents seminars), Dr J Pila (copyright seminars and tutorials) and Ms A Slade (patent tutorials). NOTE: Students may not choose both Copyright, Patents and Allied Rights and Copyright, Trademarks and Allied Rights.

Copyright, Trade Marks and Allied Rights

It is commonplace to claim that we live in an information and consumer age, and that rights in creative and informational works, and in words, logos and other signs used in trade, are becoming increasingly important. In this course we introduce two of the central regimes for the protection of those rights – copyright and trade mark law – and certain of their allied regimes. Copyright confers rights in respect of literary, musical, dramatic and artistic works, sound recordings, films, broadcasts and published editions, and is supported by the moral rights regime, which protects authors and others against certain wrongs involving the use of copyright-protected works. Trade mark law protects signs that indicate the commercial origin of goods and services, and is supported by the passing off action, which protects against certain unauthorized uses of information to mislead or deceive the market. We ask why we have these regimes and how they operate at a national, European and international level. The course should appeal to those interested in the arts and entertainment industries, publishing, literary theory, information technology, marketing, brand management, trade, unfair competition, and intellectual property practice. It will be taught in eight two-hour seminars and six one-hour tutorials spread over Michaelmas and Hilary Terms by Dr J Pila (copyright seminars and tutorials) and Dr E Hudson (trade mark seminars and tutorials). NOTE: Students may not choose both Copyright, Patents and Allied Rights and Copyright, Trade Marks and Allied Rights.

Patents, Trade Marks and Allied Rights (not offered in 2012-13)

This course will not be offered in 2011/2012.This course will not be offered in 2011/2012.

Diploma in Legal Studies

Patents, Trade Marks and Allied Rights (not offered in 2012-13)

This course will not be offered in 2011/2012.This course will not be offered in 2011/2012.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

European Intellectual Property Law

The course in European Intellectual Property Law covers all the main forms of intellectual property (principally, copyright, trade mark and patent). It explores the theoretical foundations of and justification for the different rights as well as their application in a number of settings. The most contested issues in intellectual property law are closely connected to developments throughout the arts and technology, as well as to evolutions in marketing and popular culture, and thus the course will be of interest to students from a number of backgrounds and with a variety of interests. In the United Kingdom, intellectual property law is increasingly Europeanised, which informs the structure and content of this course. Because European law is both informed by international developments in the field, and in turn informs the shape of intellectual property law in so many countries throughout the world, the course thus takes on an international and comparative dimension. The course is taught by Professor Graeme Dinwoodie, Professor Ansgar Ohly, Dr Justine Pila and Dr. Emily Hudson in a series of lectures, seminars and tutorials over Michaelmas, Hilary and Trinity Terms. Teaching is through fourteen seminars. The seminars are supported by four introductory lectures (one at the beginning of the course and one as we start discussion of each of Copyright, Trade Marks and Patents), and by the provision of six tutorials. Reading lists are posted using Weblearn. Students taking the course may also audit the undergraduate IP seminars of Lord Hoffmann, Dr Pila, and Dr. Hudson. This course will be taught by Professor Dinwoodie, Professor Ohly, Dr Pila and Dr Hudson in a series of lectures, seminars and tutorials held in Michaelmas, Hilary and Trinity Terms.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Copyright, Patents and Allied Rights (also part of the BA course)

It is commonplace to claim that we live in an information and technological age, and that rights in creative and informational works, and in technology, are becoming increasingly important. In this course we introduce two of the central regimes for the protection of those rights – copyright and patent law – and certain of their allied regimes. Copyright protects literary, musical, dramatic and artistic works, sound recordings, broadcasts, films and published editions, and is supported by the moral rights regime, which protects authors and others against certain wrongs involving the use of copyright-protected works. Patent law protects inventions, and is supported by the breach of confidence action, which protects persons against the unauthorized disclosure of their trade and other secrets. We ask why we have these regimes and how they operate at a national and European level. The course should appeal to those interested in the arts and entertainment industries, publishing, literary theory, information technology, research and development, trade, privacy, medical law and ethics, and intellectual property practice. It will be taught in eight two-hour seminars and six one-hour tutorials spread over Michaelmas and Hilary Terms by Lord L Hoffmann (patents seminars), Dr J Pila (copyright seminars and tutorials) and Ms A Slade (patent tutorials). NOTE: Students may not choose both Copyright, Patents and Allied Rights and Copyright, Trademarks and Allied Rights.

Copyright, Trade Marks and Allied Rights (also part of the BA course)

It is commonplace to claim that we live in an information and consumer age, and that rights in creative and informational works, and in words, logos and other signs used in trade, are becoming increasingly important. In this course we introduce two of the central regimes for the protection of those rights – copyright and trade mark law – and certain of their allied regimes. Copyright confers rights in respect of literary, musical, dramatic and artistic works, sound recordings, films, broadcasts and published editions, and is supported by the moral rights regime, which protects authors and others against certain wrongs involving the use of copyright-protected works. Trade mark law protects signs that indicate the commercial origin of goods and services, and is supported by the passing off action, which protects against certain unauthorized uses of information to mislead or deceive the market. We ask why we have these regimes and how they operate at a national, European and international level. The course should appeal to those interested in the arts and entertainment industries, publishing, literary theory, information technology, marketing, brand management, trade, unfair competition, and intellectual property practice. It will be taught in eight two-hour seminars and six one-hour tutorials spread over Michaelmas and Hilary Terms by Dr J Pila (copyright seminars and tutorials) and Dr E Hudson (trade mark seminars and tutorials). NOTE: Students may not choose both Copyright, Patents and Allied Rights and Copyright, Trade Marks and Allied Rights.

Patents, Trade Marks and Allied Rights (not offered in 2012-13) (also part of the BA course)

This course will not be offered in 2011/2012.This course will not be offered in 2011/2012.

European Intellectual Property Law

The course in European Intellectual Property Law covers all the main forms of intellectual property (principally, copyright, trade mark and patent). It explores the theoretical foundations of and justification for the different rights as well as their application in a number of settings. The most contested issues in intellectual property law are closely connected to developments throughout the arts and technology, as well as to evolutions in marketing and popular culture, and thus the course will be of interest to students from a number of backgrounds and with a variety of interests. In the United Kingdom, intellectual property law is increasingly Europeanised, which informs the structure and content of this course. Because European law is both informed by international developments in the field, and in turn informs the shape of intellectual property law in so many countries throughout the world, the course thus takes on an international and comparative dimension. The course is taught by Professor Graeme Dinwoodie, Professor Ansgar Ohly, Dr Justine Pila and Dr. Emily Hudson in a series of lectures, seminars and tutorials over Michaelmas, Hilary and Trinity Terms. Teaching is through fourteen seminars. The seminars are supported by four introductory lectures (one at the beginning of the course and one as we start discussion of each of Copyright, Trade Marks and Patents), and by the provision of six tutorials. Reading lists are posted using Weblearn. Students taking the course may also audit the undergraduate IP seminars of Lord Hoffmann, Dr Pila, and Dr. Hudson. This course will be taught by Professor Dinwoodie, Professor Ohly, Dr Pila and Dr Hudson in a series of lectures, seminars and tutorials held in Michaelmas, Hilary and Trinity Terms.

MSc (Master's in Law and Finance)

European Intellectual Property Law

The course in European Intellectual Property Law covers all the main forms of intellectual property (principally, copyright, trade mark and patent). It explores the theoretical foundations of and justification for the different rights as well as their application in a number of settings. The most contested issues in intellectual property law are closely connected to developments throughout the arts and technology, as well as to evolutions in marketing and popular culture, and thus the course will be of interest to students from a number of backgrounds and with a variety of interests. In the United Kingdom, intellectual property law is increasingly Europeanised, which informs the structure and content of this course. Because European law is both informed by international developments in the field, and in turn informs the shape of intellectual property law in so many countries throughout the world, the course thus takes on an international and comparative dimension. The course is taught by Professor Graeme Dinwoodie, Professor Ansgar Ohly, Dr Justine Pila and Dr. Emily Hudson in a series of lectures, seminars and tutorials over Michaelmas, Hilary and Trinity Terms. Teaching is through fourteen seminars. The seminars are supported by four introductory lectures (one at the beginning of the course and one as we start discussion of each of Copyright, Trade Marks and Patents), and by the provision of six tutorials. Reading lists are posted using Weblearn. Students taking the course may also audit the undergraduate IP seminars of Lord Hoffmann, Dr Pila, and Dr. Hudson. This course will be taught by Professor Dinwoodie, Professor Ohly, Dr Pila and Dr Hudson in a series of lectures, seminars and tutorials held in Michaelmas, Hilary and Trinity Terms.


People

Intellectual Property teaching is organized by a Subject Group convened by:

Justine Pila: University Lecturer in Intellectual Property Law

in conjunction with:

Graeme Dinwoodie: Professor of Intellectual Property and Information Technology Law
Lord Hoffmann: Visiting Professor
Emily Hudson: CDF in IP Law
Ansgar Ohly: Visiting Professor
Alison Slade: DPhil Law

Also working in this field, but not involved in its teaching programme:

Peter Hayward: Retired. Formerly Fellow of St Peter's
Daniela Simone: DPhil Law student
David Vaver: Emeritus Professor of Intellectual Property & Information Technology Law


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