Prof Robert Pottage NAB 7.21

This course is available on the MSc in Law, Anthropology and Society, Master of Laws and Master of Laws (extended part-time study). This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

This course will be relevant to the following LLM specialisms: Intellectual Property Law; Legal Theory and Competition, Innovation and Trade Law

This course takes a broadly historical, theoretical and contextual approach to the study of intellectual and cultural property law. It focuses on a set of topical questions that illuminate paradigms, institutional models and social and economic formations that cut across the diversity of intellectual and cultural property regimes; questions about the nature of property in intangible things, about the implications of the transnational expansion of intellectual property forms and institutions, about the role of comparative analysis in the study of intellectual property, or about how regimes forged in the era of industrialization have adapted to new modes of production and distribution. These expansive questions are not asked in abstraction. Seminars will focus on specific case studies of institutions, transactional forms and social effects. Many of these studies are chosen for their topicality, so the contents of the course will evolve from year to year, but seminar topics might include: the emergence of new regimes of open source biotechnology, the evolution of non-conventional trade marks such as scents, textures and shapes; the effects of regime-shifting between different international frameworks for the regulation of questions of intellectual property; the bases of emerging markets in cultural property and heritage; the re-emergence of old tensions between droit d'auteur and copyright in the context of open source licensing or human rights negotiations; the nature of 'negative spaces' (the fashion industry, magicians, manga and stand up comedy) within the otherwise pervasive order of intellectual property; the nature of the link between legal incentives and technological innovation; the usefulness of economic models in understanding the proprietary value of patents. The object of the course is to introduce key themes in critical debates about intellectual property, and to offer a set of conceptual resources that might be drawn upon in more specialized LLM courses in intellectual property.

20 hours of seminars in the MT. 2 hours of seminars in the ST.

All students are expected to produce one 2,000 word formative essay during the course.

Biagioli, Jaszi & Woodmansee, Making and Unmaking Intellectual Property (2011). Benkler, The Wealth of Networks (2006).

Boyle, The Public Domain. Enclosing the Commons of the Mind (2009). Miles, Art as Plunder. The Ancient Origins of Debate About Cultural Property (2008).

Exam (100%, duration: 2 hours) in the main exam period.