Copyright, Trade Marks and Allied Rights

Ideas matter. They matter for political, cultural, expressive and economic reasons. Ideas also manifest in a range of ways: as inventions which have the potential to improve lives, like vaccines; as creative works which enrich our culture; and as brands in modern consumer society. Intellectual property (IP) law regulates the extent to which such valuable intangibles are recognised and protected. In turn, the importance of IP for economic growth is well established, with the UN World Intellectual Property Organisation noting that innovation is a major driving force of long-term economic growth and sustainable development (WIPO 'Direction of innovation in developing countries and its driving forces' (2022)).

In this course we introduce two of the principal IP regimes which protect aspects of this intangible value. Copyright protects creative authorial works and modes of distributing them (such as books, music and films). Trade Marks protect signs that indicate the commercial origin of goods and services (such as the Starbucks logo). Yet when it comes to delineating property entitlements in intangibles, the subject matter is notoriously slippery. While the literal text of a book is relatively easy to identify, should we protect its plot? Or fictional characters? At what level of abstraction? As for why we protect creativity, should the book be protected if it was written by AI rather than a human author, and should existing authors have to give consent before their works are ingested as part of AI training? How about the positive associations of luxury or reliability which consumers associate with their favourite brands? Can we reconcile brand-driven consumerism with environmental concerns over waste and energy consumption? In this course, we critically engage with:

• the basis for protecting valuable intangibles (justifications);
• the appropriate form of protection (registered or without formalities);
• the scope of protection granted; and
• the outer limits of protection (defences)

The course should appeal to those interested in the arts and entertainment industries, brand management, the consumer society, and private law and human rights more broadly. It will be taught through seminars and tutorials spread over Michaelmas and Hilary Terms, focusing not only on doctrinal analysis but also engaging critically with current issues and enduring controversies.