Critically evaluate the impact of the internationalism of knowledge/technology transfer on intangible property rights

International Intellectual Property Law Task details: The jurisprudence of the European Court on the free movement of goods has had to integrate intellectual property rights. In recent judgments, the Court refined its jurisprudence concerning the doctrine of exhaustion. This doctrine is the Court’s formula for balancing two competing interests: firstly, the fundamental principle of free movement of goods, guaranteed by Article 26 of the Treaty of the Functioning of the European Union; and secondly, there are the legitimate interests of the holders of intellectual property rights recognized by Article 345 TFEU. The analysis of the case law can be subdivided into three aspects: (a) the rights conferred on owners of intellectual property (b) the conditions for exhaustion of intellectual property rights to occur, (c) the consequences of exhaustion. Write a report which analyses how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations. The report should cover aspects of EU law; discussion must be made on the exhaustion of rights doctrine, free movement of goods and parallel imports. Instructions: 1. Demonstrate an advanced and detailed knowledge and understanding of the fundamental legal concepts of intellectual property rights in a global context; 2. Critically evaluate the impact of the internationalism of knowledge/technology transfer on intangible property rights; 3. Apply complex legal rules to a variety of intellectual property disputes across jurisdictional boundaries; 4. Critically assess the effectiveness of those rules through extensive research Practical, Professional or Subject Specific Skills: The analysis of the competing interests at issue here must show a very good understanding of the main concepts. The free movement of goods and associated doctrines demonstrates a very good knowledge of the key legal issues and there is very good and deep use of the case law to highlight and evidence this. A deep and detailed understanding of the subject is expected. Relevant legal sources (cases and academic debates/articles) ) have to be utilized to structure the discussion. Writing style: Arial 12pt with 1.5 spacing Page numbers at the bottom of the page Referencing: OSCOLA Word count: 3,000 words, NO MORE than 3300 total words! Including references/Footnotes Excluding bibliography Transferable/Key Skills and other Attributes: 1. Locate and synthesise information from a range of published literature and electronic sources and present this effectively in oral, written and other media. IMPORTANT TO THE WRITER – An adequate and correct appreciation of the subject is required. Equally comprehensive knowledge of the main concepts demonstrated. – A thorough and legal analysis is expected. The naming of rights, case law, and remedies. – Pointing to extensive primary and secondary sources. – Use of specific, highly accurate, and critical examples that demonstrate very good knowledge of key points. – Excellent structured, coherent argumentation. Present arguments critically. – The paper should not lack analytical, problem-solving, and evaluative aspects. – Excellent scientific style in terms of structure, logical sequence, and clarity is expected. – Summary of reference material from a very wide range of sources. – No simple conclusions. 1. Knowledge Outstanding knowledge. Theory is linked to practice to an exceptional level and may be used to formulate new questions, idea or challenges 2. Cognitive processes Outstanding critical analysis and synthesis. Incorporates evidence of original thinking 3. Professionalism Outstanding awareness of self and relationships with others. Outstanding knowledge of the team and their contribution to it. Outstanding awareness of group values beliefs, ethical and political issues. Outstanding awareness of operation within scope of practice. 4. Communication Presentation is outstanding demonstrating a fluent academic style. 5. Motor skills Safe, outstanding application of skills, perceives the situation as a whole. 6. Referencing and using evidence Synthesis of reference material from a wide range of sources both within and across professions. The legal issues should not only be stated but also explained. I.e. go deep enough into the specific legal issues that arise in the scenario. – Do not just write discursively and generalize. The writer has to explain how to apply the relevant law using primary and secondary sources to arrive at the correct conclusion! The writer needs excellent in critical analysis and synthesis and the arguments are handled with imaginative interpretation of the material. The writer has to demonstrate scholarly style in relation to structure, logical progression and clarity. Important is detailed use of relevant primary and secondary sources which are well referenced and used creatively to develop the work.