Director IP Wales®
Director IP Wales®
This Module concentrates on the Public International Law aspects of Intellectual Property. It reviews the work of the World Trade Organization (WTO), World Intellectual Property Organization (WIPO), International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO) in the field of Intellectual Property. It examines the various existing and proposed International instruments relating to Intellectual Property, such as the TRIPS agreement; Paris, Berne, Rome and Madrid Conventions; Convention on Biological Diversity etc.
It is estimated that over 70% of a typical company¿s value today lies in its intangible assets (UK Treasury Review of Intellectual Property, 2006). Yet evidence would suggest that companies do not readily understand the nature of these legal assets or manage them in an effective commercial manner. This module explores the legal nature of these assets from an international perspective; the changing innovation environment within which they need to be managed within a global context; the different ways in which the law may be used to protect product/service differentiation from business competitors. This module will give students the tools and skills they will need to analyse the various transactions used within a modern economy for technology transfer and franchising. The module will also deal with the valuation of intangible assets and issues of their enforcement.
Our prosperity, progress and mobility are heavily indebted to utilising hydrocarbon resources for energy. Oil and gas are transportable, still relatively cheap and comparatively abundant sources of energy. They are also the fundamental ingredient in many of the products that we use daily and the engine of economic growth in many parts of our globalised world.¿ Nowadays, 60% of the oil and gas resources come from offshore areas ¿ supplies of oil and gas on land are increasingly nearing the end of their lifespan, and chances are slim of discovering new oil and gas supplies on land. Predictions have been made that about 70% of the oil and gas reserves that have yet to be discovered are located offshore, some of which are based in areas where the States concerned have not agreed on the location of the maritime boundary dividing their coasts. As a result, maritime areas where oil and gas resources are present, or are rumoured to be located, have increasingly come to attract the interest of the oil and gas industry. This led to a significant expansion of the offshore industry, particularly in the last 25 years, which aligns to the moment as of when the offshore exploration and exploitation for oil and gas resources took flight. Besides the role of the oil and gas industry, which deals with unique challenges and has inherently distinctive characteristics, a prominent player in relation to offshore oil and gas resources is the State. Coastal States are attributed sovereignty or sovereignty over oil and gas resources for the purpose of exploration and exploitation under international law. This means, amongst others, that the decision as to begin with activities in connection with oil and gas resources rests with coastal States. It is also the prerogative of States to determine which maritime areas will be opened for exploration or exploitation, to decide which oil and gas companies will receive the permission to engage therein, and to regulate the conditions under which this will take place. In addition, they are given the jurisdictional rights to erect installations, such as oil platforms, that assist in the actual exploitation of oil and gas resources. This module aims to provide the students with an understanding of the international and transnational legal frameworks governing oil and gas resources and the oil and gas sector, including intellectual property issues. For this purpose the module will examine the following: 1. The International Legal Framework Governing Offshore Hydrocarbon Resources: The rights of (coastal) States over hydrocarbon resources under public international law with a particular emphasis on the exploration and exploitation of offshore oil and gas resources. 2. Licensing and the Role of the State: The State that has sovereign rights over oil and gas resources and can give rights to oil and gas companies to explore for and produce these resources. To this end, different arrangements and agreements by which rights are created for oil and gas companies can be concluded by the State, including licenses and production sharing contracts. 3. Oily IP: International and transnational frameworks of intellectual property law, with a particular focus on the TRIPS Agreement and the use of publicly granted patents, trademarks and industrial designs to establish and protect market differentiation within the oil and gas industry.
Institute of International Shipping and Trade Law