Postgraduate Diploma: Intellectual Property Law

Purpose

The qualification seeks to establish/deepen the learner's knowledge of Intellectual Property Law and enable working professionals to support their own enterprise and/or strengthen their existing skillset. The qualification also aims to expose non-legal learners to the methodology of legal practice (specifically in Intellectual Property practice), legal research and the commercial application of the law.

Rationale

Intellectual property (IP) contributes enormously to our national and state economies. Industries across our economy rely on the adequate enforcement of their patents, trademarks, and copyrights, while consumers use Intellectual property to ensure they are purchasing safe, guaranteed products. Every product or service that we use in our daily lives is the result of a long chain of big or small innovations, and/or improvements that make a product look or function the way it does today. The qualification will promote a sound understanding of the rule of law and the role of the law as regulator of society.

The Postgraduate Diploma: Intellectual Property Law is specifically suited to the study of IP since this field requires a combination of legal and non-legal skills in practice. The ability to operate in commercial, non-legal practice with a sound understanding of the particular, complex and often nuanced difficulties that IP presents is a highly sought-after skillset.

The learner should

• Be able to read and critically evaluate academic text in English and communicate information and own ideas orally and in written text that is grammatically correct, well structured, clear and concise, using accepted standards of scientific and academic writing at NQF Level 7.
• Be competent in general theoretical, practical, professional and academic knowledge and understanding developed in learning at NQF Level 7.

Recognition of prior learning

• Where the applicant does not meet any of the stated admission requirements, any relevant qualification at NQF Level 7 will be considered.
• Any other qualification may be considered sufficient to qualify for admission based on relevant workplace experience or any other form of exposure to any field of intellectual property law or practice or any other relevant prior learning or experience.

Access to the qulififation

• An LLB Degree at NQF Level 7.
• A BSc, BCom or BEng at NQF Level 7.

The qualification consists of four modules worth 30 credits each to make up a total of 120 credits. Learners select a combination of four modules from the given six. Only the Exit Level Outcomes and their Associated Assessment Criteria pertaining to the selected modules are required to be achieved.

Modules

1. Copyright Law.
2. Intellectual Property Law in the Digital domain.
3. Patent Law and the Law of Registered Designs.
4. Research Assignment.
5. Trademark Law.
6. Environment.

1. Interpret the principles of international copyright protection, moral rights and the protection of indigenous knowledge.
2. Resolve issues in electronic data protection measures, copyright and trademark issues on the Internet, software, civil and criminal liability related to local instruments for the recognition of and management of IP rights arising from digital media.
3. Apply the procedure for obtaining patent/design protection, transfer and revocation of protection and infringement.
4. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the field of law and the area of intellectual property.
5. Interpret the Trade Marks Act and a brief overview of salient case law and superficial review of the common law issues of unlawful competition in trade mark litigation.

Critical Cross-Field Outcomes

• This qualification allows all the Critical Cross-Field Outcomes to be addressed.

Associated assessment criteria for exit level outcomes 1

• The theory of copyright law as practised in South Africa is discussed.
• The application of the principle of copyright law in non-legal practice is debated.
• The practise of copyright litigation is examined.
• Non-legal arguments are formulated and supported based on issues of copyright law.
• The role of IP in a developing economy is identified and evaluated.

Associated assessment criteria for exit level outcomes 2

• The impact of the electronic age on aspects of IP is analysed.
• The application of the principles of Intellectual Property Law to the digital domain is examined.
• The rationale for the development of Intellectual Property Law to align legal principle and Information Technology-related practices are identified and explained.
• The basic technical and technological knowledge concerning the operation of the Internet and its impact on the application of Intellectual Property Law principles is applied.
• The difficulties faced by the IP environment in a developing economy and the Information Technology industry are discussed.

Associated assessment criteria for exit level outcomes 3

• The theory of Patent Law and the Law of Registered Designs in South Africa is explained.
• The rationale for the expansion/limitation of patent and design protection is analysed.
• The application of patent and design law to various industries is examined.
• Legal and non-legal practitioners are questioned on issues of patent and design law.

Associated assessment criteria for exit level outcomes 4

• The research inquiry is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.
• Research themes are appropriately identified and demarcated.
• Analysis of the research theme includes a comprehensive and critical review of current literature and investigations.
• Selected research methods, techniques and technologies show evidence of a clear understanding of relevant research theory and practice.
• Research reports critically and coherently describe theoretical arguments, the research process, methodology, results, conclusions and recommendations.
• Research reports display skill in extrapolating key findings, justifiable conclusions and making feasible recommendations.

Associated assessment criteria for exit level outcomes 5

• The theory of Trademark Law in South Africa is explained.
• The application of principles of Trademark Law, unlawful competition and passing off is examined.
• The practice of trademark litigation and the role of the trademark practitioner are explained.
• Non-legal arguments based on issues of Trademark Law are formulated and supported.

Integrated Assessment

The assessment policy for the Postgraduate Diploma: Intellectual Property Law incorporates the following criteria for effective assessment: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback.

The implementation of the assessment policy will be monitored by the qualification coordinator, and includes a compulsory element of external moderation as expressed by the regulation of internal and external moderation.

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.