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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Intellectual Property Law 
SAQA QUAL ID QUALIFICATION TITLE
101590  Master of Laws in Intellectual Property Law 
ORIGINATOR
University of Johannesburg 
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  2021-07-01  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 the Master of Laws in Intellectual Property Law is to develop the learner's intellectual and theoretical competencies to an advanced level by providing learners with knowledge and insight into intellectual property law, which will develop the ability of the learner to question, analyse and interpret intellectual property law issues within a global context, with a focus on practical challenges currently being experienced within this field. In practice, trade mark, copyright and patent law constitute the greatest majority of problems that will be encountered within this discipline. Upon completion of this qualification learners will be able to participate meaningfully in the field of intellectual property law applying their advanced intellectual, research, discussion, presentation and vocational skills of each respective area of intellectual property law.

Rationale:
The vision, mission, values and strategic goals of the institution, inform the Faculty of Law's direction and consequently, the strategic direction of the Faculty. The qualification contributes to the development of knowledge at an advanced level through requiring a high level of theoretical engagement and intellectual independence from learners.

Outstanding lawyers and a sound legal system are prerequisites of any civilised society. The legal system provides the rules within which the state's administration, the business world, individuals and organisations operate. In any country in which the law reigns supreme, lawyers must apply legal rules and act as watchdogs to ensure that everyone adheres to the norms of society. Because the law plays such an immense and far-reaching role, well-educated and qualified lawyers are essential.

The relevant field in this regard is intellectual property law which is a field that is becoming more and more important in terms of economic development and technological advances. In practice, law learners are required to advise on situations where trade mark or copyright aspects are important in terms of understanding the consequences of specific actions or transactions. The subject is currently being taught on a Bachelor of Laws (LLB) level, and it is felt that a greater degree of specialisation is necessary. The qualification will therefore facilitate this process through the study of the field on an advanced level.

Stakeholders such as the business, legal and governmental sectors rely heavily on qualified learners to provide advice and be prepared to receive on-the-job training in this field of law. All stakeholders will be benefited by the offering of this qualification in that it will deliver learners who are qualified in this niche area of law on an advanced level.

Successful completion of the qualification can also lead to further academic pursuits as it will allow for admission to a doctoral degree at any university in South Africa. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
The Faculty of Law accepts RPL as an integral part of education and academic practice. It is acknowledged that all learning has value and the Faculty of Law will endeavour to assess prior learning and award credit where relevant.

The Faculty of Law manages RPL according to the institutional RPL policy, and will be applied as follow for purposes of this qualification as set out in the Faculty of Law's qualifications and Regulations policy:
  • Through Recognition of Prior Learning, a learner may gain access, or advanced placement, or recognition of status, on condition that he/she continues his/her studies at the University of Johannesburg (UJ).
  • Recognition takes place in terms of requirements and procedures applied by the Faculty of Law.

    Recognition of Prior Learning in the case of a learner not complying with the formal entry requirements:
  • Is conducted in accordance with the policy and guidelines of the University.
  • Is based on other forms of formal, informal and non-formal learning and experience.
  • Is considered only where prior learning corresponds to the required NQF-level.
  • Takes place where prior learning in terms of applied competencies is relevant to the content and outcomes of the qualification.
  • Is considered in terms of an assessment procedure that includes a motivated recommendation by an assessment panel to the Dean's Committee of the Faculty of Law.
  • Is finally decided upon by the Faculty of Law's Dean's Committee.

    A B Proc Degree does not satisfy the formal entrance requirements for a Master of Laws (LLM) Degree, but the holder of a B Proc Degree may apply for admission to the LLM Degree through Recognition of Prior Learning, which application may be granted subject to such conditions as may be considered to be appropriate.

    Entry Requirements:
  • An LLB Degree, Level 8. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    This qualification consists of compulsory modules at Level 9 totalling 180 Credits.
  • Trade Mark Law, 40 Credits.
  • Copyright Law/Internet Law, 40 Credits.
  • Patent Law, 40 Credits.
  • Minor Dissertation, 60 Credits. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Recognise the relationship between the common law protection of intellectual property rights and the statutory regime relating thereto.
    2. Question, analyse and interpret theoretical aspects relating to patent law, trade mark law and copyright law within a global and national context.
    3. Examine specific case law of international and national bodies relating to three predominant areas of intellectual property law.
    4. Engage and resolve practical challenges currently being experienced on an international and national level within the field of intellectual property law.
    5. Participate meaningfully in the field of intellectual property law within the public and private sector by applying their advanced intellectual, research, discussion, presentation and vocational skills of each respective area of intellectual property law.
    6. Research, formulate and present written arguments to find solutions to typical intellectual property law issues and disputes, which will contribute to the body of law in the academic, private and public sectors. 

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated Assessment Criteria for Exit Level Outcome 1:
  • Examine critically the interaction between the two systems which run in tandem and describe the relevance and importance of each.
  • Compare the differences between the two systems and analyse the impact of the fundamental differences.

    Associated Assessment Criteria for Exit Level Outcome 2:
  • Identify the relevant national and international theories as it relates to patent law, trade mark law and copyright law.
  • Critically interpret the interaction between the global and domestic theoretical principles underpinning intellectual property law.

    Associated Assessment Criteria for Exit Level Outcome 3:
  • Demonstrate a clear knowledge of case law and the justifiability of specific mechanisms protecting intellectual property law.
  • Identify the fundamental principles of the three predominant areas of intellectual property law correctly as discussed in the relevant case before the court.
  • Extract the correct principles from the case and apply to different practical problems within each of the three predominant areas of intellectual property law.

    Associated Assessment Criteria for Exit Level Outcome 4:
  • Analyse and critically evaluate current issues regarding intellectual property law.
  • Identify the correct remedies to solve practical challenges encountered within the field of intellectual property law and apply it within a global and national context.

    Associated Assessment Criteria for Exit Level Outcome 5:
  • Provide solutions to complex matters unique to the field of intellectual property law as manifested within the public and private sectors.

    Associated Assessment Criteria for Exit Level Outcome 6:
  • Develop a coherent research proposal under supervision required for successful completion of the programme.
  • Demonstrate an advanced scholarship by identifying current challenges encountered within the field of intellectual property law and formulating workable solutions.

    Integrated Assessment:
    General:
    Integrated assessment, focusing on the achievement of the Exit-Level Outcomes, will be done. Assessment seeks to evaluate learner performance in order to determine whether learners comply with assessment criteria, and encourage and guide the improvement of learner performance. Assessment is based on the principle of continuous and regular assessment and complete and prompt feedback. Assessment consists of two components: formative assessment and summative assessment.

    Formative assessment:
    Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. In this qualification, formative assessment aims at the preparation of learners for writing an examination at the end of each module and for writing a quality minor dissertation.

    Formative assessment is conducted by means of class discussions, seminars, assignments, and the writing of the minor dissertation. Discussion of assignment and examination results, and questions and other forms of feedback are integral and critical parts of assessment. Regular meetings between learners and their supervisors take place during which all aspects pertaining to the preparation for and drafting of the minor dissertation are discussed. Supervisors assess students continuously and, equally important, guide them through the process.

    Summative assessment:
    Summative assessment for each coursework module takes the form of oral or written examinations (as determined by the Faculty Board) at the end of each semester. A panel of not fewer than two examiners, one of whom must be an external examiner, examines each coursework module and the minor dissertation. In the modular examinations and in the minor dissertation learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of the different fields of study and related law and of the relevant research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. As a further demonstration of the learner's ability in this regard, the learner may be required to submit a publishable article based on the dissertation that may, at the discretion of the supervisor, be submitted for publication in a law journal under the authorship of the learner or the learner and the supervisor. No supplementary examination is granted in a coursework module. The internal assessor may, however, exercise his/her discretion in calling a learner for a reassessment when a learner needs only one coursework module to complete the qualification. The Academic Regulations regarding substitute and aegrotat examinations are applicable with the necessary adaptations. A learner who fails a coursework module may re-register for that coursework module only once and then in the following semester during which the module is offered. 
    		•

    INTERNATIONAL COMPARABILITY 
    This qualification has been compared with the following international qualifications.

    Qualification: LLM Intellectual Property.
    Provider: Bournemouth University.
    Country: United Kingdom.
    Content:
  • Principles of International Law.
  • International Organisations and the World Trade Organisation.
  • International Cyber Law and Governance.
  • Corporate Law: Theory and Practice.
  • International Dispute Resolution.
  • Patents and Designs.
  • Copyright and Trade Marks.
  • International Intellectual Property Practice (Patent Attorney Route).
  • International Intellectual Property Practice (Trade Mark Attorney Route).
  • International Intellectual Property Rights.
  • Dissertation.

    The qualification is provided by the Business School with its strong discipline base in law, management and finance, and its experience in delivering undergraduate and postgraduate law qualifications with a commercial and international commercial content.

    The specialist award LLM Intellectual Property (IP) builds on commonalities with International Commercial Law in the areas of International Economic Law and Corporate Law to focus on creative outputs, inventive applications of technology, branding opportunities, and the management of the exploitation process.

    Modes of delivery are full-time and part-time. The credit structure is 180 M-level credits, and the duration of the qualification varies between 12-16 months full-time.

    In terms of content presented by the aforementioned qualification it corresponds in majority to the course outline of this qualification. Three primary modules have been identified, namely, trade mark law, copyright and internet law and lastly patent law. Sub-divisions and relevant related topics will be discussed within each of these modules having regard to the impact within a South African and African context. Comparative discussions and analysis of relevant international intellectual property law topics will also be addressed and incorporated. A fourth component in the form of a dissertation will also be completed. All four components are compulsory and have to be completed successfully for the Degree to be conferred on the learner. The mode of delivery, credit structure as well as duration corresponds with this qualification.

    Qualification: LLM in Intellectual Property and Technology Law.
    Provider: University of San Francisco.
    Country: United States of America.
    Content:
  • Copyright Law.
  • Cyberlaw.
  • Intellectual Property Survey.
  • Patent Law.
  • Trademark.
  • Antitrust.
  • Antitrust Law and IP Rights.
  • Biotechnology Law.
  • Entertainment and Media Law.
  • Information Privacy.
  • International IP Law.
  • Internet and IP Justice Clinic.
  • IP Litigation.
  • Law of Mass Communication and the Press.
  • Patent Prosecution.
  • Science and the Law.
  • Sports Law.
  • Transactional Trademark Practice.

    The LLM in Intellectual Property and Technology Law, which is open to United State. and foreign candidates with law Degrees, provides a thorough exposure to American, international, and comparative intellectual property law. The qualification equips learners with a sufficient grounding in legal theory and practical skills to pursue gainful employment in the intellectual property field in the United States or abroad.

    The course of study entails that all learners take the IP seminar and write a thesis paper on an aspect of intellectual property law. The qualification requires completion of 25 units and can be completed in two full-time semesters, August through May. A part-time option is available with approval from the programme director. International learners must complete additional required courses and demonstrate strong English language ability.

    In terms of content presented by the aforementioned qualification it corresponds in majority to the course outline of this qualification. Three primary modules have been identified, namely, trade mark law, copyright and internet law and lastly patent law. Sub-divisions and relevant related topics will be discussed within each of these modules having regard to the impact within a South African and African context. Comparative discussions and analysis of relevant international intellectual property law topics will also be addressed and incorporated. A fourth component in the form of a dissertation will also be completed. All four components are compulsory and have to be completed successfully for the degree to be conferred on the learner. The mode of delivery, credit structure as well as duration corresponds with this qualification. 
    		•

    ARTICULATION OPTIONS 
    This qualification offers vertical specific articulation possibilities with the following qualification/s offered at the University of Johannesburg:

    Vertical Articulation:
  • A relevant Doctoral Degree, Level 10.

    It also offers vertical systemic articulation possibilities with qualification/s offered at other institutions provided the learner meets the minimum admission requirements.

    Vertical Articulation:
  • A relevant Doctoral Degree, Level 10. 
    		•

    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. University of Johannesburg 


    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.