University of Sussex

Sussex Law School

LLM in IT & IP:

Information Technology &

Intellectual Property Law

Introduction Professor Chris Marsden @ChrisTMarsden and Dr Andres Guadamuz @technollama have designed and deliver this highly innovative LLM, designed to make you into a digital lawyer able to practise in a major law firm, regulatory counsel or government.

Why: With their forty years’ combined experience in academia and professional practice, they provide both the theoretical and practical insights to enable you to master the intertwined areas of information technology and intellectual property law in the Information Age. Sussex has over 100 current full-time LLM students studying across a wide range of LLMs focussed on international law - from trade to commercial to criminal to public. Sussex Law School has trebled in size since 2012 - from 20 to almost 60 full-time academics. The LLM programme has grown at a similar rate.

Where: Based at #SiliconBeach in Brighton, the location combines the best of city and seaside. The university is in the South Downs national park, 50 minutes’ train from London, 25 minutes’ taxi from Gatwick Airport.

Who: Marsden and Guadamuz are Principal Investigators in the European Commission Internet Science project (www.internet-science.eu), the www.Openlaws.eu project, Guadamuz is a Fellow of CreatE, Marsden a Fellow of Keio University and GLOCOM, and both have consulted for governments and parliaments worldwide on digital law issues. The environment in teaching is small class and close supervision.

How: With their location near Gatwick Airport, they can provide opportunities to visit major London law firms, with the European Union institutions in Brussels and Luxembourg, and the World Intellectual Property Organisation (WIPO) and other UN agencies in Geneva.

When: Sussex begins all LLMs with Advanced Research Skills for LLM students. This takes place during the first two weeks of term and covers the level which LLM students are expected to work at and is worth 15 credits.

• In Term 1 you also take the two core modules Digital IP Law, and Critical Approachees to Information Law, each worth 30 credits.

• In Term 2, you take two from a group of optional modules.

• In Term 3, you will be personally supervised on a research project leading to your 15,000 word dissertation, worth 45 credits.

You also will be able to attend a range of guest lectures, seminars and workshops throughout the year, and interact with your professors and others in the unique Sussex atmosphere.

Core modules

Critical Approaches to Information Law

The module will explore two areas of the law where the effects of globalisation have produced considerable consequences: Information Technology Law (IT) and Intellectual Property Law (IP), an area broadly termed ‘Information Law’. These legal developments are driven at the global level by institutions that make policy and regulation in these areas of the law, and it has also witnessed the evolution of existing institutions and rules. The issues affected by these sweeping changes range from international commercial relationships and trade, to public policy questions regarding development, governance and access to technology. In this context, the present course will study these institutions to ascertain their constitution, structure, effectiveness and relevance. The course will also study the most pressing policy choices faced by governments, institutions and stakeholders, and how those policy choices are translated into the law. In relation to IT law, the course will focus on the institutions that regulate and police new technologies, particularly those related to the Information Society. The course will also analyse the problems of access to these technologies, and how current regulation affects choices of law and regulation. The focus of the module is on the international nature of the subject matter offering a highly comparative analysis of current legal developments around the globe.

Digital Intellectual Property Law

The emergence of the Internet as a global telecommunications network has had an immense effect in how we view and apply intellectual property law. Before the Internet’s mass adoption, copyright was a minority interest subject that did not elicit a significant level of global interest. Now it is an area that is of great importance to the digital and physical economy, with the creative and entertainment industries rapidly becoming networked. Similarly, the use of domain names to identify brands using trademarks has become a growing area of interest. In patents, the type of protection awarded to computer programmes, mobile phone design and other digitally enabled devices is of the utmost importance to the economy. The rise of mobile communications technologies have been shaped in great part by the intellectual property that protects some technological innovations. Mobile manufacturers like Apple and Samsung are constantly engaged in a patent war where they try to gain control of the vast handset market by controlling core technology patents. The module will look at these and other IP-related subjects, with emphasis on digital copyright, piracy, software protection, and domain names effect on trademark.

Option modules Cyberlaw

The changes brought about by information and communication technologies (ICTs), and especially the Internet, can be felt in all facets of modern life. The law has not escaped such changes, and the specialised study of the implication of technical changes has brought about one of the most vibrant areas of legal research and teaching, with a twenty-five year academic history of ‘cyberlaw’ in the US in particular, though Europe and other regions are catching up, developing curricula and research profiles rapidly. This module explores areas of the law where ICTs have brought considerable change: information technology (IT) law, Internet liability, and intellectual property (IP) law. A number of regulatory solutions have emerged to tackle the changing technological landscape, providing policy and challenges in these areas of law. Existing institutions have had to evolve, and alter the way that they set policies. The sweeping changes resulting range from international commercial relationships and trade, to public-interest policy questions regarding developing countries, governance and access to technology. This encompasses public, commercial and criminal law areas of academic interest. The module will have a specific focus on some of the most pressing policy choices faced by governments, institutions and stakeholders, and how these policy choices are translated into the law.

International Aspects of Intellectual Property and Technology Regulation

The strengthening of the international intellectual property system has been one of the main features of the international globalisation effort that culminated with the creation of the World Trade Organisation (WTO). It could be argued that this process is likely to remain in place for the foreseeable future. The scope of international protection of intellectual property rights is on the increase, not only in length of protection, but also geographically and in the amount of rights awarded to owners. How then does this system affect the acquisition of technology by developing countries? This is not just an academic question. Some may consider that a strong international system of intellectual property is detrimental for developing countries because one could argue that it makes technology more difficult to come by. If developing countries rely on this initial acquisition of high technologies, then who owns it, and how, becomes of critical significance for their development prospects. However, other may argue that developing countries should implement stronger protection in order to foster foreign investment into their economies, which will eventually assist their efforts to become developed. This module will focus on the relationship between technology, intellectual property and development. Special attention will be given to the specific issues that affect developing countries the most, such as access to knowledge, transfer of technology and access to essential medicines.

Communications Law and Regulation

As telecommunications continues to merge with broadcasting and the Internet via broadband technology, the regulation of communications networks and services has merged several formerly discrete fields of study into one: communications law and regulation. The module will analyze the approach taken by the European Union in regulating electronic networks and services through its 1998 Framework succeeded by 2002 and 2009 Directives, particularly the Access and Framework Directives, together with proposals for Regulations in 2015. These are complemented by the 2007 Audiovisual Media Services Directive (2010/13/EU) developed from earlier Directives of 1989 and 1997, all inspired in their function by the need to complete the Single Market and to ensure consumer protection, pluralism, and technologically neutral regulation. The course will also consider Articles 101, 102, and EU competition policy as implemented through telecommunications case law at the Court of Justice. The course prerequisite is an understanding of competition law and Internet technology.

EU Competition Law

Competition law is about the regulation of how businesses (private and public) behave in the market place. EU competition law is undergoing a major transformation in which the economic and market impact of particular transactions or practices occupies a central place in legal assessments. It also strives to achieve the Lisbon objectives of competitiveness and efficiency in a global economy. This module explores the legal rules applied to cartels (e.g. price fixing) and to individual firms holding dominant market power (e.g. refusals to supply, bundling or tying of products, abusive exploitation of Intellectual Property [IP] rights). It also studies merger controls and contrasts the EU model with other systems such as that of the US. A unique feature of EU competition law is its system for monitoring and regulating state aid by Member States. Competition law also reflects the tension between market-based and social models of Europe, demonstrated especially in relation to the legal treatment of the providers of services of general economic interest. The EU Competition Law module is taught by weekly two-hour seminars in which you will be encouraged to actively participate by way of presentations and debate.

Regulating the Creative Industries

The module looks at international and comparative aspects of regulation which affect the creative industries, and in particular the making, commercialisation and fruition of music, films and fashion.

With regard to the music industry, the module focuses on the process of song writing, music publishing, producing, recording and touring. Emphasis is given to the management of rights (e.g. copyright and trade marks) by way of contracts and licences (such as creative commons licences), or via

collective management organisations. New business models are analysed to build a critical understanding of the expanding opportunities for online exploitation of music content.

For the film industry, the module analyses some of the legal implications emerging from the processes of development, production and distribution of a feature picture. The approach is an international and comparative one, to reflect the significance of the Hollywood industry as a point of reference for film production in Europe and in developing countries. In particular, the legal status conferred to film plots and fictional characters will inform the analysis developed in this part of the module.

A discussion of legal implications in the fashion industry completes the module, with specific consideration of trade mark and design laws on the creation of fashion design both in the haute couture and prêt-à-porter markets. This is done by way of a comparative analysis, covering inter alia the effects of regulatory measures that apply to knock-offs, look-alikes and excellent fakes.

LLM dissertation

The 15,000-word dissertation represents the heart of the LLM course and is an exciting opportunity for you to conduct substantial scholarly research. Throughout the course, you are supported in the planning, preparation and writing of your dissertation. Teaching of research methods and writing skills on the Theory and Research module ensures that you are equipped with the skills of academic writing from the very beginning of the course.

The assessment methods of this module are designed to support the development of the intellectual skills – through the critical book review, and the necessary planning – through the research plan. Support for your dissertation is provided through three intensive workshops on dissertation research methodology and regular and close individual supervision from your chosen faculty supervisor.

Faculty biographies Full faculty biographies including details of research and publications can be found at www.sussex.ac.uk/law Dr Andres Guadamuz (Convenor of the LLM in IT/IP 2015/16)

@technollama is Senior Lecturer in IP Law and an Associate Researcher of the CREATe Centre for Copyright and New Business Models in the Creative Economy. He is an international consultant for WIPO, and has consulted for Creative Commons in various roles since 2005. His main research areas are open licensing, software protection, digital copyright, and complexity in networks. Andres has published two books, the most recent is "Networks, Complexity and Internet Regulation" (pub.E. Elgar).

Professor Chris Marsden (Co-Convenor of the LLM in IT/IP)

@ChrisTMarsden is Professor of Internet Law. He has also taught on LLMs at Essex, Oxford, Warwick, LSE, Monash. He is author of the books: "Regulating Code" (2013), "Net Neutrality: Towards a Co-Regulatory Solution" (2010), "Internet Co-regulation" (2011), and "Codifying Cyberspace" (2007). He has been research fellow at Cambridge, Harvard, Melbourne, and Keio (Japan). He advises governments, human rights organisations and others and frequently is quoted in media e.g. Economist.

Dr Maria Mercedes Frabboni

@mmfrabboni is Lecturer of Law. She also taught intellectual property subjects on the LL.M. programmes at Queen Mary and at Surrey. Her research interests and expertise lie in the field of copyright and cultural policies. She has commented on reforms affecting the management of copyright by collecting societies, and on regulation of non-attributable or abandoned visual art. Recent publications include a commentary, co-authored with Professor Uma Suthersanen, on the EU Directive 2012/28/EU on certain permitted uses of orphan works (I Stamatoudi, and P Torremans, eds., EU Copyright Law, Edward Elgar, 2014)..

Dr Phoebe Li

@pillrabbit explores the interface between world trade, intellectual property, and technology regulation, and the extent to which this can be used to embody human rights claims under globalisation. Recent publications include: (2014) Health technologies and international IP law: a precautionary approach. Routledge research in intellectual property; (2014) IP and 3D printing: a case study on 3D chocolate printing, Journal of IP Law and Practice 9(4) pp 322-332; (2013) Rights and responsibilities in patents: a precautionary patent framework in WTO law, European IP Review 35 (9). pp. 519-526.

How to apply

Applications: http://www.sussex.ac.uk/study/pg/applying/2015entry

For academic enquiries about the LLM in IT/IP email the Course Convenor: Dr Andres Guadamuz a.guadamuz@sussex.ac.uk @technolama

Admission requirements

For admission to any of the LLM courses, you must normally hold an upper second class honours degree, or equivalent, in law or in a related subject. In certain circumstances, relevant professional experience may be considered as an alternative. You should also provide two academic references, or one academic reference and one from an employer who can comment on your intellectual abilities.

International students should supply evidence of a good standard of English. We normally require that an IELTS score of 6.5 overall has been achieved, or TOEFL 250 computer-based, or 100 internet-based, or 600 paper-based with 5 in TWE. For lower IELTS and TOEFL scores we offer pre-sessional English language courses prior to the commencement of the LLM.

Further information for international students is available at www.sussex.ac.uk/international

Other LLM courses

The Sussex Law School (SLS) runs other specialist LLM courses.We also offer an LLM Master of Laws course, which is for those of you who wish to broaden your legal knowledge and skills within a flexible, non-specialized setting. It provides the opportunity for you to tailor your own course from the range of core and option modules available.

For further information, please see www.sussex.ac.uk/law

To request a postgraduate prospectus or LLM publicity, please contact:

The Sussex Law School Freeman Centre University of Sussex Brighton BN1 9SP T +44 (0)1273 678655 F +44 (0)1273 873162 E pg.enquiries@sussex.ac.uk www.sussex.ac.uk/law

Front cover: Valentin Casarsa (www.istockphoto.com)