JUS5660 – Intellectual Property Law in the Information Society
Schedule, syllabus and examination date
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.
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.
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.
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
- Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.
Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.
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.
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.
Examination support material
This is an open book digital school examination. You are permitted to use paper printouts or paper publications of any literature during the examination (e.g., course literature, lecture notes, dictionaries). You are also allowed to use handwritten notes on paper. No electronic support materials will be allowed.
Use of sources and rules for citing.
The standard rules on cheating and plagiarism which apply to assignments apply also to the written open book examination. This means that you must provide a reference whenever you draw upon another person’s ideas, words or research in your answer to the exam question(s). You cannot copy text directly from textbooks, journal articles, court judgments etc. without highlighting that the text is copied.
Thus, pieces of text quoted verbatim from these and other sources must be italicised or otherwise highlighted so that it is obvious that the pieces of text are quotes.
Example of highlighting in a text:
"Laurent Bailay and Bernard Van der Lande propose to define a mobile payment as a “payment for products or services between two parties for which a mobile device, such as a mobile phone, plays a key role in the realization of the payment”. (European Commission, GREEN PAPER Towards an integrated European market for card, internet and mobile payments, page 5)"
Failure to cite sources or highlight quotes in your exam answer may be considered as evidence of cheating.
Language of examination
The examination text is given in English, and you submit your response in English.
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
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
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