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JUS5660 - Intellectual Property Law in the Information Society

Course content

The course concerns intellectual property law with a focus on copyright, trademarks and patent laws, particularly as these apply to information and communications technology (ICT). The course has primarily a European perspective, paying special attention to EU legislation within the field. It provides an overview of other relevant international codes, along with pertinent national traditions and rules, including those in Norway. Account is also taken of relevant legal developments in selected non-European countries—most notably, the USA.

A salient set of issues taken up in the course concern the tensions between, on the one hand, intellectual property regimes and their enforcement mechanisms, and, on the other hand, competing rights and interests, such as freedom of expression and consumer protection, in the light of developments in ICT usage.

The course not only examines intellectual property law in light of technological developments but also considers the respective roles played by competition law and contract (licensing schemes) in regulating access to and use of digital content.

Learning outcome

The primary objective of the course is to impart understanding of intellectual property law in general and in particular as it applies to modern forms of ICT, especially to distribution of information in digital networks (Internet).
Part of this objective involves facilitating understanding of how recent developments in ICT challenge traditional intellectual property law. It also involves facilitating understanding of the European and international rule sets for enforcement of intellectual property rights. Students shall further be made aware of systems for private enforcement of intellectual property rights in the digital context (Digital Rights Management Systems) and the legal regulation of such systems.

A secondary objective is to impart understanding of the main ways in which competition law and contract law respectively interact with intellectual property law. This involves making students aware of (i) how competition law may temper the impact of intellectual property regimes, (ii) how contract law may bolster and even supplant the functions carried out by intellectual property law, and (iii) the main contractual and competition law issues related to licensing of intellectual property.

A further aim of the course is not just to elucidate the legal rules as they currently stand but also to encourage critical appraisal of them. This involves analysing and challenging the assumptions upon which the rules are based, and discussion of alternative regulatory possibilities.

Admission

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You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.

All students are required meet the formal prerequistites.

Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.

When your admission is in order you must register for courses in StudentWeb

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Prerequisites

Formal prerequisite knowledge

Students must fill one of these requirements:

Students with admission to the faculty’s exchange programme and students with admission to any master’s degree programme at the University of Oslo (except masterstudiet i rettsvitenskap) has an exemption from the formal prerequisites.

Teaching

Lectures and seminars, 20 hours.

Language of teaching for this course is English. This means that all
communication during lectures/seminars will be in English, and all
literature and auxiliary materials are in English.

Access to teaching

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Examination

Exam consists of two parts: a mid-term paper and a 4 hour written examination. Students who fail or do not deliver the mid-term essay will not be allowed to sit for the 4 hour examination.

In case of retake, a candidate must retake both examinations, even if the candidate has successfully passed one of the examinations.

Please note that if a student wish to file an appeal in only one of the examinations, both examinations will automatically undergo a regrading.

Use of sources and rules for citing.

Be sure that you are familiar with the use of sources and the rules for citing/quoting from others’ work
UiO uses a plagiarism checking tool as one of several instruments for detecting suspicion of cheating and attempted cheating.

Examination support material

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Regulations for support materials permitted at examination for courses taught in English . Please read all three chapters.

Language of examination

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The language of examination for this course is English. This means
that the examination question will be given in English, and students
may answer in English only.

Grading scale

Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.

The mid-term paper will account for 30% of the total grade, while the written examination will account for 70%. One total grade is given for the whole coursework.

Explanations and appeals

You may request an explanation of your grades, and you may also appeal against your grades or make a complaint about formal examination errors. Read more about explanations and appeals.

Resit an examination

You can usually resit an exam, but the conditions depend on whether you had a valid reason for absence from the regular exam. Read more about resitting an exam.

Withdrawal from an examination

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Special examination arrangements

If you have a disability or a health problem that entails significant inconvenience in an examination situation, you may be considered for special examination arrangements. Mothers who are breastfeeding may apply for extra time to complete the exam.

Evaluation

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Other

The language for this course is English. Students enrolled in the
Masterprogrammet i rettsvitenskap must pass one
English subject as part of their degree, this course will meet these
obligations.

Facts about this course

Credits

10

Level

Master

Teaching

Every autumn

Examination

Every autumn

Teaching language

English

Semester pages

Teaching schedule, syllabus, examination date