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All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source. |
| SOUTH AFRICAN QUALIFICATIONS AUTHORITY |
| REGISTERED QUALIFICATION: |
| Master of Laws in Intellectual Property Law and Practice |
| SAQA QUAL ID | QUALIFICATION TITLE | |||
| 109821 | Master of Laws in Intellectual Property Law and Practice | |||
| ORIGINATOR | ||||
| Stellenbosch University | ||||
| PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY | NQF SUB-FRAMEWORK | |||
| CHE - Council on Higher Education | HEQSF - Higher Education Qualifications Sub-framework | |||
| QUALIFICATION TYPE | FIELD | SUBFIELD | ||
| Master's Degree | Field 08 - Law, Military Science and Security | Justice in Society | ||
| ABET BAND | MINIMUM CREDITS | PRE-2009 NQF LEVEL | NQF LEVEL | QUAL CLASS |
| Undefined | 180 | Not Applicable | NQF Level 09 | Regular-Provider-ELOAC |
| REGISTRATION STATUS | SAQA DECISION NUMBER | REGISTRATION START DATE | REGISTRATION END DATE | |
| Reregistered | EXCO 0821/24 | 2019-07-25 | 2027-06-30 | |
| LAST DATE FOR ENROLMENT | LAST DATE FOR ACHIEVEMENT | |||
| 2028-06-30 | 2031-06-30 | |||
| In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise. |
This qualification does not replace any other qualification and is not replaced by any other qualification. |
| PURPOSE AND RATIONALE OF THE QUALIFICATION |
| Purpose:
The purpose of this qualification is to capacitate experts in the professional practice of intellectual property law. Qualifying learners are required to demonstrate a command of all of the processes involved in Intellectual Property (IP) legal practice and rights enforcement and a keen ability to resolve complex factual scenarios in a creative manner that incorporate policy considerations, individual needs and socio-economic values. The research tasks, which are of an applied nature, that make up the Research Portfolio are of particular relevance in this regard. The complexity of practical problems, and the ability to construct creative and effective solutions in law, require that learners become familiar with the complexities of IP law and be comfortable with analysing and addressing challenging problems, including the ability to assess IP policy, develop suitable responses as experts and contribute to legal development. The ability to conceptualise legal problems within context, and identify legal issues outside of the standard IP theory in an interdisciplinary manner, is developed throughout all of the modules according to the peculiarities of the field of study. A number of formal processes to obtain and/or safeguard IP rights, the drafting of procedural documentation and the ability to assess the impact of legislation form the basis of the research tasks. Rationale: The role of IP in economic development is globally acknowledged and IP Law has been a focus area of the United Nations since 1970 with the establishment of the World Intellectual Property Organisation (WIPO). South Africa is a signatory to the WIPO Convention and has long been an influential voice. Furthermore, IP law is widely considered the most internationalised branch of law and remains a focal point of the developmental agenda of most countries. The role of IP in development in Africa is at the forefront of Government's efforts to apply the law in a new way, and the internationalised nature of IP practice affords suitably-qualified individuals to work in this area across borders. This has a two-fold benefit: a professional programme in IP Law will attract learners with a global focus and, at the same time, attract students from across Africa and its other trade partners who require knowledge of South African IP practice in order to conduct business. The IP legal profession in South Africa has remained exclusive due to its specialist nature and, in particular, the number of qualifications (and associated time and cost) required to enter the profession. The pressing need for more, suitably qualified, learners to enter the profession has been widely expressed by the profession and is the subject of academic publications and debate focused on the lack of transformation in the IP profession. In addition, the close relationship between IP academic work and IP practice has placed a burden on both academics and legal practitioners in the various fields of IP law to perform a dual task. |
| LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING |
| Recognition of Prior Learning (RPL):
Recognition of Prior Learning may be considered as a supplementary or alternative criteria at admission to the qualification where the learner did not meet the requirements. Prior learning and workplace experience will be considered as a matter of course where a learner applies for admission based on a legal qualification other than the Bachelor of Laws (LLB). In addition, applicants may be required to submit an essay in support of their application for admission to the Master of Laws (LLM) (IP Pro) qualification. The selection essay should indicate the reason for the application and outline any personal and/or professional factors, including a description of any prior learning, training or workplace experience in IP or IP-related matters that should be brought to the attention of the course coordinator and admissions officer. Entry Requirements: The minimum entry requirements are: |
| RECOGNISE PREVIOUS LEARNING? |
| Y |
| QUALIFICATION RULES |
| This qualification consists of compulsory and elective modules at National Qualifications Framework (NQF) Level 9 totalling 185 Credits.
Compulsory Modules: 150 Credits: Elective Modules: 35 Credits (Choose one module): |
| EXIT LEVEL OUTCOMES |
| 1. Demonstrate expert knowledge of the theory of copyright law in South Africa.
2. Demonstrate expert knowledge of the theory and practical application of patent law, the law of registered designs in South Africa and a brief of the patent prosecution system of the European Patent Office (EPO) and United States of America (USA), Protection of Plant Breeders Rights. 3. Demonstrate the ability to conduct independent research of significant depth and breadth across a wide range of Intellectual Property (IP) legal topics within a specific field of IP Law and/or across more than one IP or IP-related field. 4. Demonstrate expert knowledge of the theory of trademark law in South Africa. 5. Demonstrate expert knowledge on selected issues in competition law and specialist knowledge on the application of legal and economic concepts in relation to competition law. 6. Demonstrate expert knowledge of the theory of the field of Law and Economics. 7. Demonstrate expert knowledge of the impact of the electronic age on aspects of Intellectual Property (IP) Law and specialist knowledge of the application of IP Law principles to digital works and the exploitation of IP rights by means of information and communications technology. |
| ASSOCIATED ASSESSMENT CRITERIA |
| Associated Assessment Criteria for Exit Level Outcome 1:
Associated Assessment Criteria for Exit Level Outcome 2: Associated Assessment Criteria for Exit Level Outcome 3: Associated Assessment Criteria for Exit Level Outcome 4: Associated Assessment Criteria for Exit Level Outcome 5: Associated Assessment Criteria for Exit Level Outcome 6: Associated Assessment Criteria for Exit Level Outcome 7: Integrated Assessment: The assessment strategy of the Master of Laws (LLM) (IP Pro) is intended to balance the evaluation of theoretical knowledge at the appropriate level and the professional Intellectual Property (IP) skills of the learner attained throughout the qualification. Therefore, assessment in this qualification gives effect to the Assessment Policy of the institution as it is expressed in the assessment of qualifications, with the addition of specialised assessments for the evaluation of professional skills and the associated learning outcomes. Each module will include more than one assessment opportunity and the use of more than one type of assessment opportunity (prepared and unprepared written tests, oral examinations, oral presentations, written assignments, online assessments) is provided for. Similarly, each module will include elements of Formative and Summative Assessment. The written tests, oral presentations and examinations, oral presentations, written assignments and online assessments will be evaluated according to the following assessment criteria. |
| INTERNATIONAL COMPARABILITY |
| This qualification is internationally comparable with.
Country: United Kingdom. Institution: University of Edinburgh. Qualification: Master of Laws (LLM) Intellectual Property Law. The qualification exposes a learner to a broad range of perspectives on Intellectual Property law, practice, and policy. It covers substantive law on all major intellectual property rights, including copyright, trademarks, designs, patents, and common law protection of intellectual property rights. It also examines these rights within the international intellectual property treaty framework and system. The qualification also assesses the place and role of these rights by investigating a range of topical issues, which underpin contemporary intellectual property law and policy. The Master of Laws (LLM) in IP Law offers a learner the opportunity to examine intellectual property not just in its legal but also social, economic, ethical, cultural and commercial contexts. In addition to the core intellectual property law courses, as part of the studies, learners will have the opportunity to choose courses from the wide range of options offered by Edinburgh Law School enabling them to tailor their studies to meet their specific interests. The qualification consists of 180 Credits, comprising taught courses worth 120 Credits (60 Credits per semester) and a 10,000 words dissertation worth 60 Credits. |
| ARTICULATION OPTIONS |
| This qualification offers the following articulation possibilities.
Horizontal Articulation: Vertical Articulation: |
| MODERATION OPTIONS |
| N/A |
| CRITERIA FOR THE REGISTRATION OF ASSESSORS |
| N/A |
| NOTES |
| N/A |
| LEARNING PROGRAMMES RECORDED AGAINST THIS QUALIFICATION: |
| NONE |
| PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS QUALIFICATION: |
| This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here. |
| 1. | Stellenbosch University |
| All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source. |