Intellectual Property Rights and Competition Law, 7.5 credits

Immaterialrätt, marknads- och konkurrensrätt, 7.5 hp

747G46

Main field of study

Commercial Law

Course level

First cycle

Course type

Single subject and programme course

Examiner

Elif Härkönen

Course coordinator

Elif Härkönen

Director of studies or equivalent

Christina Nordin
ECV = Elective / Compulsory / Voluntary
Course offered for Semester Weeks Language Campus ECV
F7KAA Bachelor´s Programme in Commercial and Business Law 3 (Autumn 2020) 202034-202038 Swedish Linköping, Valla C
F7KAF Bachelor´s Programme in Commercial and Business Law with focus on Europe, French 3 (Autumn 2020) 202034-202038 Swedish Linköping, Valla C
F7KAT Bachelor´s Programme in Commercial and Business Law with focus on Europe, German 3 (Autumn 2020) 202034-202038 Swedish Linköping, Valla C

Main field of study

Commercial Law

Course level

First cycle

Advancement level

G1F

Course offered for

  • Bachelor´s Programme in Commercial and Business Law
  • Bachelor´s Programme in Commercial and Business Law with focus on Europe, French
  • Bachelor´s Programme in Commercial and Business Law with focus on Europe, German

Entry requirements

General entry requirements for undergraduate studies
and
Mathematics and Social Studies corresponding to the level in Swedish upper secondary education (Matematik 3 and Samhällskunskap 1b/(1a1 and 1a2)
and
English corresponding to the level of English in Swedish upper secondary education (English 6/B)
and
completed the following courses (or the equivalent); Commercial and Business Law and Public and EU/EC Law and Contract, Tort and Insurance Law.

Intended learning outcomes

On completion of the course, the student should be able to
- demonstrate knowledge of intellectual property rights and market and competition law, and how the rules interact and influence the relation between the actors of the market and their scope for action,
- demonstrate skills in law interpretation and legal case analysis concerning the above mentioned legal fields,
- identify, analyse and solve practical legal problems in the stated legal fields both in groups and individually,
- both orally in writing, communicate and argue for advocated solutions,
- integrate previously mentioned rules with one another,
- reflect on conclusions of results from both interpretation of the law and case analysis as adjudication,
- reflect on the interplay of said rules.

Course content

Immaterial resources constitute an increasingly larger part of the value building process in enterprise, and an increasingly more important competitive weapon. This course includes studies of both the intellectual property law rules, and competition law and market law rules and the interplay between the rules in a market economy.

The course begins with competition law regulation, which above all means regulations intended to maintain open competition. Apart from the historical background, the course includes studies particularly of the central rules concerning the prohibition against restrictive cooperation between companies, abuse of dominating positions and company concentrations. After that, the course is focused on an overview of the systematics and legal sources of the Swedish and European intellectual property rights. This part is followed by the different sole rights, such as copyright, patent law, design law, trademark law and company law. Finally, the regulatory system that applies in marketing situations is covered.

Teaching and working methods

Teaching takes the form of lectures, seminars and practical exercises. Compulsory written assignments, to be solved in groups and/or individual, may occur. The student is also expected to study independently, individually or in groups.

Examination

The course is examined in part through fulfilment of seminars, in part through written independent examination. If written assignments occur, they are included in the examination.

If the LiU coordinator for students with disabilities has granted a student the right to an adapted examination for a written examination in an examination hall, the student has the right to it. If the coordinator has instead recommended for the student an adapted examination or alternative form of examination, the examiner may grant this if the examiner assesses that it is possible, based on consideration of the course objectives.

Students failing an exam covering either the entire course or part of the course twice are entitled to have a new examiner appointed for the reexamination.

Students who have passed an examination may not retake it in order to improve their grades.

Grades

Three-grade scale, U, G, VG

Other information

Planning and implementation of a course must take its starting point in the wording of the syllabus. The course evaluation included in each course must therefore take up the question how well the course agrees with the syllabus.

The course is carried out in such a way that both men´s and women´s experience and knowledge is made visible and developed.

Department

Institutionen för ekonomisk och industriell utveckling
Code Name Scope Grading scale
TEN1 Written exam 3.5 credits U, G, VG
OBL1 Mandatory Seminars 2 credits U, G
UPG1 Written report 2 credits U, G, VG

Additional literature

Books

Bernitz, Ulf, (2015) Svensk och europeisk marknadsrätt 4. uppl. Stockholm : Norstedts juridik, 2015

ISBN: 9789139206880

Bernitz, Ulf, Pehrson, Lars, Rosén, Jan, Sandgren, Claes, (2017) Immaterialrätt och otillbörlig konkurrens 14., [rev.] uppl. Stockholm : Jure, 2017

ISBN: 9789172236639

Nordell, Per Jonas, (2017) Marknadsrätten : en introduktion Sjunde upplagan, uppdaterad, reviderad [Stockholm] : Wolters Kluwer, [2017]

ISBN: 9789139208068

Websites

Europaparlamentets och Rådets Förordning (EU) nr 2015/2424 http://eur-lex.europa.eu/legal-content/SV/TXT/?uri=CELEX%3A32015R2424

Compendia

Kurskompendium i Immaterialrätt
Kurskompendium i Konkurrensrätt

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