Master of Laws in Intellectual Property Law and Practice

Purpose

The purpose of this qualification is to capacitate experts in the professional practice of intellectual property law. Qualifying learners are required to demonstrate a command of all of the processes involved in Intellectual Property (IP) legal practice and rights enforcement and a keen ability to resolve complex factual scenarios in a creative manner that incorporate policy considerations, individual needs and socio-economic values. The research tasks, which are of an applied nature, that make up the Research Portfolio are of particular relevance in this regard. The complexity of practical problems, and the ability to construct creative and effective solutions in law, require that learners become familiar with the complexities of IP law and be comfortable with analysing and addressing challenging problems, including the ability to assess IP policy, develop suitable responses as experts and contribute to legal development. The ability to conceptualise legal problems within context, and identify legal issues outside of the standard IP theory in an interdisciplinary manner, is developed throughout all of the modules according to the peculiarities of the field of study. A number of formal processes to obtain and/or safeguard IP rights, the drafting of procedural documentation and the ability to assess the impact of legislation form the basis of the research tasks.

Rationale

The role of IP in economic development is globally acknowledged and IP Law has been a focus area of the United Nations since 1970 with the establishment of the World Intellectual Property Organisation (WIPO). South Africa is a signatory to the WIPO Convention and has long been an influential voice. Furthermore, IP law is widely considered the most internationalised branch of law and remains a focal point of the developmental agenda of most countries.

The role of IP in development in Africa is at the forefront of Government's efforts to apply the law in a new way, and the internationalised nature of IP practice affords suitably-qualified individuals to work in this area across borders. This has a two-fold benefit: a professional programme in IP Law will attract learners with a global focus and, at the same time, attract students from across Africa and its other trade partners who require knowledge of South African IP practice in order to conduct business.

The IP legal profession in South Africa has remained exclusive due to its specialist nature and, in particular, the number of qualifications (and associated time and cost) required to enter the profession. The pressing need for more, suitably qualified, learners to enter the profession has been widely expressed by the profession and is the subject of academic publications and debate focused on the lack of transformation in the IP profession. In addition, the close relationship between IP academic work and IP practice has placed a burden on both academics and legal practitioners in the various fields of IP law to perform a dual task.

Recognition of Prior Learning (RPL)

Recognition of Prior Learning may be considered as a supplementary or alternative criteria at admission to the qualification where the learner did not meet the requirements. Prior learning and workplace experience will be considered as a matter of course where a learner applies for admission based on a legal qualification other than the Bachelor of Laws (LLB).

In addition, applicants may be required to submit an essay in support of their application for admission to the Master of Laws (LLM) (IP Pro) qualification. The selection essay should indicate the reason for the application and outline any personal and/or professional factors, including a description of any prior learning, training or workplace experience in IP or IP-related matters that should be brought to the attention of the course coordinator and admissions officer.

Entry Requirements

The minimum entry requirements are

• A Bachelor of Laws (LLB) 480 Credits, Level 8.

This qualification consists of compulsory and elective modules at National Qualifications Framework (NQF) Level 9 totalling 185 Credits.

Compulsory Modules: 150 Credits

• Copyright Law, 35 Credits.
• Trade Mark Law, 35 Credits.
• Patent Law and the Law of Registered Designs, 35 Credits.
• Research Portfolio: Intellectual Property Law, 45 Credits.

Elective Modules: 35 Credits (Choose one module)

• Intellectual Property Law in the Digital Environment, 35 Credit.
• Competition Law, 35 Credits.
• Economic Perspectives of Law, 35 Credits.

1. Demonstrate expert knowledge of the theory of copyright law in South Africa.
2. Demonstrate expert knowledge of the theory and practical application of patent law, the law of registered designs in South Africa and a brief of the patent prosecution system of the European Patent Office (EPO) and United States of America (USA), Protection of Plant Breeders Rights.
3. Demonstrate the ability to conduct independent research of significant depth and breadth across a wide range of Intellectual Property (IP) legal topics within a specific field of IP Law and/or across more than one IP or IP-related field.
4. Demonstrate expert knowledge of the theory of trademark law in South Africa.
5. Demonstrate expert knowledge on selected issues in competition law and specialist knowledge on the application of legal and economic concepts in relation to competition law.
6. Demonstrate expert knowledge of the theory of the field of Law and Economics.
7. Demonstrate expert knowledge of the impact of the electronic age on aspects of Intellectual Property (IP) Law and specialist knowledge of the application of IP Law principles to digital works and the exploitation of IP rights by means of information and communications technology.

Associated Assessment Criteria for Exit Level Outcome 1

• Critically engage with the prevailing legal arguments and debates in copyright law, having regard to the local context.
• Interpret and apply the principles of copyright law in a given factual scenario.
• Work as a legal professional with the Intellectual Property (IP) environment.
• Formulate expert opinion and legal advice on the practice of copyright litigation.

Associated Assessment Criteria for Exit Level Outcome 2

• Critically analyse and apply the principles of patent law and the law of registered designs and Plant Breeders Rights.
• Review and contextualise the prevailing legal arguments in the expansion and development of patent and design law.
• Understand and interpret the practices associated with patent prosecution, patent and design litigation.
• Resolve disputes involving the interpretation and application of patent law principles and the principle of the law of registered designs.
• Formulate expert opinion and support legal arguments based on issues of patent and design law.
• Draft and communicate information on patent and design law and technology transfer agreements.
• Work as a legal professional in the patent and design law environment.
• Apply relevant legal principles to draft technology transfer and related agreements.
• Recognise and understand the underlying principles of commercialisation and transfer of technology through licensing of rights.

Associated Assessment Criteria for Exit Level Outcome 3

• Identify and illustrate critical issues in IP law in a scholarly and professional manner.
• Manage information in a professional manner including the ability to collect, verify, identify, prioritise and analyse legal and professional documentation.
• Draft, edit, review and discuss legislative instruments and legal professional documentation relevant to the administration of IP rights and related litigation.
• Obtain the necessary information to maintain a defendable position in law.
• Critically engage with counter-arguments and opposing views.
• Communicate effectively regarding the subject matter and the application of law.

Associated Assessment Criteria for Exit Level Outcome 4

• Critically engage with the prevailing legal arguments and debates in trademark law, having regard to the local context.
• Interpret and apply the principles of trademark law in a given factual scenario.
• Work as a legal professional within the IP environment.
• Formulate expert opinion and legal advice on the practice of trademark litigation.
• Identify and resolve given disputes in a factual scenario and formulate and support legal arguments based on issues of trade mark law.
• Make a strategic assessment of a given factual matrix, having regard to the relevant legal position.
• Review, evaluate and analyse foreign and international trademark protection.
• Apply expert analysis to trade mark issues and policy developments.

Associated Assessment Criteria for Exit Level Outcome 5

• Critically analyse the principles of competition law and its application.
• Apply appropriate research techniques including the review of literature.
• Review and contextualise problems in relation to the application of competition law to factual scenarios.
• Resolve disputes involving the application of competition law principles.
• Formulate expert opinion on the selected local, foreign and international mechanisms relevant to competition law.
• Draft and communicate appropriate responses to legal problems regarding the application of competition law principles.
• Work as a legal professional with expert knowledge of competition law.
• Apply the ethical and professional skills and knowledge associated with a legal professional with expert knowledge of competition law.

Associated Assessment Criteria for Exit Level Outcome 6

• Display familiarity with the discipline of Law and Economics and with the prevailing legal arguments and debates in Law and Economics.
• Apply economic concepts and analysis in the professional legal environment.
• Discuss economic concepts to critically analyse legal rules and government policy, having regard to the local context.
• Apply the principles of economic analysis of law to legal rules and institutions, in particular, institutions such as copyright and patent protection.
• Formulate and support professional legal arguments based on economic analysis, be it as a legal professional or academic.
• Critically review and evaluate applications, both domestic and foreign, of economic analysis of law.
• Review and contextualise the limitations of economic analysis.
• Work in legal policy development and legislative drafting.

Associated Assessment Criteria for Exit Level Outcome 7

• Critically analyse the principles of copyright, trade mark, patent and registered design law in light of the demands and peculiarities of the digital environment.
• Review and contextualise the professional demands of IP legal practice in the digital age.
• Resolve disputes involving the application of IP legal principles involving technological subject matter.
• Formulate expert opinion and legal advice on the salient local, foreign and international legal and practical arguments for the development of IP Law to align legal principle and Information Technology-related practices.
• Draft and communicate information on technical and technological knowledge about the operation of the Internet and its impact on the application of IP Law principles.
• Work as a legal professional within the IP environment and/or the Information Technology (IT) industry with expert knowledge of the subject matter and skill required for professional IP practice focused on technology.
• Apply the ethical and professional skills and knowledge consonant with an IP legal professional.
• Recognise, understand and apply a sensitivity to the socio-economic, technological and business realities of IP legal practice in technology related matters.

Integrated Assessment

The assessment strategy of the Master of Laws (LLM) (IP Pro) is intended to balance the evaluation of theoretical knowledge at the appropriate level and the professional Intellectual Property (IP) skills of the learner attained throughout the qualification. Therefore, assessment in this qualification gives effect to the Assessment Policy of the institution as it is expressed in the assessment of qualifications, with the addition of specialised assessments for the evaluation of professional skills and the associated learning outcomes.

Each module will include more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Similarly, each module will include elements of Formative and Summative Assessment.

The written tests, oral presentations and examinations, oral presentations, written assignments and online assessments will be evaluated according to the following assessment criteria.