Master of Laws in Intellectual Property Law

Purpose

The purpose of the Master of Laws in Intellectual Property Law is to develop the learner's intellectual and theoretical competencies to an advanced level by providing learners with knowledge and insight into intellectual property law, which will develop the ability of the learner to question, analyse and interpret intellectual property law issues within a global context, with a focus on practical challenges currently being experienced within this field. In practice, trade mark, copyright and patent law constitute the greatest majority of problems that will be encountered within this discipline. Upon completion of this qualification learners will be able to participate meaningfully in the field of intellectual property law applying their advanced intellectual, research, discussion, presentation and vocational skills of each respective area of intellectual property law.

Rationale

The vision, mission, values and strategic goals of the institution, inform the Faculty of Law's direction and consequently, the strategic direction of the Faculty. The qualification contributes to the development of knowledge at an advanced level through requiring a high level of theoretical engagement and intellectual independence from learners.

Outstanding lawyers and a sound legal system are prerequisites of any civilised society. The legal system provides the rules within which the state's administration, the business world, individuals and organisations operate. In any country in which the law reigns supreme, lawyers must apply legal rules and act as watchdogs to ensure that everyone adheres to the norms of society. Because the law plays such an immense and far-reaching role, well-educated and qualified lawyers are essential.

The relevant field in this regard is intellectual property law which is a field that is becoming more and more important in terms of economic development and technological advances. In practice, law learners are required to advise on situations where trade mark or copyright aspects are important in terms of understanding the consequences of specific actions or transactions. The subject is currently being taught on a Bachelor of Laws (LLB) level, and it is felt that a greater degree of specialisation is necessary. The qualification will therefore facilitate this process through the study of the field on an advanced level.

Stakeholders such as the business, legal and governmental sectors rely heavily on qualified learners to provide advice and be prepared to receive on-the-job training in this field of law. All stakeholders will be benefited by the offering of this qualification in that it will deliver learners who are qualified in this niche area of law on an advanced level.

Successful completion of the qualification can also lead to further academic pursuits as it will allow for admission to a doctoral degree at any university in South Africa.

Recognition of Prior Learning (RPL)

The Faculty of Law accepts RPL as an integral part of education and academic practice. It is acknowledged that all learning has value and the Faculty of Law will endeavour to assess prior learning and award credit where relevant.

The Faculty of Law manages RPL according to the institutional RPL policy, and will be applied as follow for purposes of this qualification as set out in the Faculty of Law's qualifications and Regulations policy:

• Through Recognition of Prior Learning, a learner may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the University of Johannesburg (UJ).
• Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.

Recognition of Prior Learning in the case of a learner not complying with the formal entry requirements

• Is conducted in accordance with the policy and guidelines of the University.
• Is based on other forms of formal, informal and non-formal learning and experience.
• Is considered only where prior learning corresponds to the required NQF-level.
• Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the qualification.
• Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law.
• Is finally decided upon by the Faculty of Law's Dean's Committee.

A B Proc Degree does not satisfy the formal entrance requirements for a Master of Laws (LLM) Degree, but the holder of a B Proc Degree may apply for admission to the LLM Degree through Recognition of Prior Learning, which application may be granted subject to such conditions as may be considered to be appropriate.

Entry Requirements

• An LLB Degree, Level 8.

This qualification consists of compulsory modules at Level 9 totalling 180 Credits.

• Trade Mark Law, 40 Credits.
• Copyright Law/Internet Law, 40 Credits.
• Patent Law, 40 Credits.
• Minor Dissertation, 60 Credits.

1. Recognise the relationship between the common law protection of intellectual property rights and the statutory regime relating thereto.
2. Question, analyse and interpret theoretical aspects relating to patent law, trade mark law and copyright law within a global and national context.
3. Examine specific case law of international and national bodies relating to three predominant areas of intellectual property law.
4. Engage and resolve practical challenges currently being experienced on an international and national level within the field of intellectual property law.
5. Participate meaningfully in the field of intellectual property law within the public and private sector by applying their advanced intellectual, research, discussion, presentation and vocational skills of each respective area of intellectual property law.
6. Research, formulate and present written arguments to find solutions to typical intellectual property law issues and disputes, which will contribute to the body of law in the academic, private and public sectors.

Associated Assessment Criteria for Exit Level Outcome 1

• Examine critically the interaction between the two systems which run in tandem and describe the relevance and importance of each.
• Compare the differences between the two systems and analyse the impact of the fundamental differences.

Associated Assessment Criteria for Exit Level Outcome 2

• Identify the relevant national and international theories as it relates to patent law, trade mark law and copyright law.
• Critically interpret the interaction between the global and domestic theoretical principles underpinning intellectual property law.

Associated Assessment Criteria for Exit Level Outcome 3

• Demonstrate a clear knowledge of case law and the justifiability of specific mechanisms protecting intellectual property law.
• Identify the fundamental principles of the three predominant areas of intellectual property law correctly as discussed in the relevant case before the court.
• Extract the correct principles from the case and apply to different practical problems within each of the three predominant areas of intellectual property law.

Associated Assessment Criteria for Exit Level Outcome 4

• Analyse and critically evaluate current issues regarding intellectual property law.
• Identify the correct remedies to solve practical challenges encountered within the field of intellectual property law and apply it within a global and national context.

Associated Assessment Criteria for Exit Level Outcome 5

• Provide solutions to complex matters unique to the field of intellectual property law as manifested within the public and private sectors.

Associated Assessment Criteria for Exit Level Outcome 6

• Develop a coherent research proposal under supervision required for successful completion of the programme.
• Demonstrate an advanced scholarship by identifying current challenges encountered within the field of intellectual property law and formulating workable solutions.

Integrated Assessment

General

Integrated assessment, focusing on the achievement of the Exit-Level Outcomes, will be done. Assessment seeks to evaluate learner performance in order to determine whether learners comply with assessment criteria, and encourage and guide the improvement of learner performance. Assessment is based on the principle of continuous and regular assessment and complete and prompt feedback. Assessment consists of two components: formative assessment and summative assessment.

Formative assessment

Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. In this qualification, formative assessment aims at the preparation of learners for writing an examination at the end of each module and for writing a quality minor dissertation.

Formative assessment is conducted by means of class discussions, seminars, assignments, and the writing of the minor dissertation. Discussion of assignment and examination results, and questions and other forms of feedback are integral and critical parts of assessment. Regular meetings between learners and their supervisors take place during which all aspects pertaining to the preparation for and drafting of the minor dissertation are discussed. Supervisors assess students continuously and, equally important, guide them through the process.

Summative assessment

Summative assessment for each coursework module takes the form of oral or written examinations (as determined by the Faculty Board) at the end of each semester. A panel of not fewer than two examiners, one of whom must be an external examiner, examines each coursework module and the minor dissertation. In the modular examinations and in the minor dissertation learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of the different fields of study and related law and of the relevant research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. As a further demonstration of the learner's ability in this regard, the learner may be required to submit a publishable article based on the dissertation that may, at the discretion of the supervisor, be submitted for publication in a law journal under the authorship of the learner or the learner and the supervisor. No supplementary examination is granted in a coursework module. The internal assessor may, however, exercise his/her discretion in calling a learner for a reassessment when a learner needs only one coursework module to complete the qualification. The Academic Regulations regarding substitute and aegrotat examinations are applicable with the necessary adaptations. A learner who fails a coursework module may re-register for that coursework module only once and then in the following semester during which the module is offered.