SAQA

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 THAT HAS PASSED THE END DATE:

Postgraduate Diploma: Trade Mark Practice

SAQA QUAL ID	QUALIFICATION TITLE
22254	Postgraduate Diploma: Trade Mark Practice
ORIGINATOR
South African Institute of Intellectual Property Law
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY			NQF SUB-FRAMEWORK
-			HEQSF - Higher Education Qualifications Sub-framework
QUALIFICATION TYPE	FIELD		SUBFIELD
Postgraduate Diploma	Field 08 - Law, Military Science and Security		Justice in Society
ABET BAND	MINIMUM CREDITS	PRE-2009 NQF LEVEL	NQF LEVEL	QUAL CLASS
Undefined	120	Level 7	NQF Level 08	Regular-Provider-ELOAC
REGISTRATION STATUS		SAQA DECISION NUMBER	REGISTRATION START DATE	REGISTRATION END DATE
Passed the End Date - Status was "Reregistered"		SAQA 0480/09	2009-07-01	2012-06-30
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2012-06-30		2014-06-30

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

1. To provide learners with an advanced and specialised knowledge, both theoretical and practical, of trade mark law and practice as well as the law and practice of related fields of intellectual property law.

2. To provide learners with the basic skills and competence to enable them to be employed as professional staff members in law firms or as in-house legal advisers in corporations, and to do at least the initial tasks, and give at least initial advice, pertaining to trade marks and other intellectual property rights.

3. To provide learners with the specialised skills and competence to enable them to act on behalf of clients in acquiring, maintaining and enforcing the clients' trademark rights, both locally and in other countries.

4. To provide attorneys specifically and lawyers generally with specialised knowledge and skills to enable them legitimately to hold themselves out as specialist trade mark practitioners, so as to provide enhanced services to their clients, the courts and the public in general in the area of trade mark law in particular and intellectual property law in general, and to contribute to the economic activity within the country both as employees and employers.

5. To provide attorneys and prospective attorneys with specialised knowledge and skills in the area of trade mark law in particular and also in related fields of intellectual property law in general, to enable them to set up their own law practices specialising in trade mark law, thus promoting the economic benefits of self-employment and job creation.

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

Learners must comply with the following learning requirements:

must have an LLB or BProc degree and be qualified to practise as an attorney; or

must have an LLB or BProc degree and be in the process of qualifying as an attorney; or

must have an LLB degree and be qualified to practise and an advocate; or

must have an LLB degree and be in the process to qualifying as an advocate; and

in addition to any one of the foregoing, must have successfully completed the basic qualification as envisaged in paragraph 7.1(a).

RECOGNISE PREVIOUS LEARNING?

EXIT LEVEL OUTCOMES

EXIT LEVEL OUTCOMES:

Exit levels and broad practical and knowledge-based outcomes

A second qualification and second exit level will be after the completion of at least a second year of workplace experience with in-office training plus external or classroom training, comprising a further total of 1200 hours, and successful completion (after prior completion of all of the Group 1 subjects), of the examination and assessment of Group 2 subjects.

Group 2:
X Trade Mark Law and Formalities
X Trade Mark Litigation
X Practical Trade Mark Problems.

Successful completion of the second qualification earns a further total of 120 credits and a diploma.

Basic and Cross-field outcomes:

A number of critical outcomes not specific to the Trade Mark Practitioner's qualifications but in fact of fundamental importance across the entire field of intellectual property practice, are embedded in and forms part of the in-practice training that leads up to the qualifications. These skills and outcomes at a primary level will be accomplished at the first exit level, namely as part of the first qualification, i.e. the advanced trade mark practitioner's certificate; and at a secondary level will be accomplished at the second exit level, i.e. as part of the second qualification, i.e. the post-graduate trade mark practitioner's diploma.

These outcomes are set out below:

Basic and cross-field outcomes:

1. The learner can identify and relate legal issues in the different IP areas on the basis of analytical and critical thinking within a legal context.

2. The learner can communicate effectively with clients, the courts, colleagues, opponents and third parties, using appropriate legal and language skills in the modes of both oral and written communication

3. The learner can collect, analyse, organise and critically evaluate information, as required for legal practice in general and IP practice in particular

4. The learner can organise his/her workload and working day responsibly and effectively

5. The learner can use technology effectively and critically with responsibility for the rights of others

6. The learner can work effectively and productively with others as a member of a team or group to meet the needs of clients, the legal fraternity and the community at large

7. The learner can demonstrate an understanding of the different interrelated legal and cultural systems in the global environment, and can recognise that legal issues seldom exist in isolation

Specific outcomes:

A number of critical outcomes are specific to the Trade Mark Practitioner's qualifications. In order to qualify and pursue a career as a Trade Mark Practitioner, a learner will be required to acquire specific knowledge and skills in the area of trade mark law and related intellectual property fields. These specific outcomes are fundamental and primary features of the training that leads up to the qualifications. These outcomes and related assessment criteria are set out below:

Specific outcomes:

1. The learner has an advanced knowledge and understanding of, and can apply the principles of, South African trademark law and the trademark laws of selected foreign countries.

2. The learner is able to draft the legal documents required for the registration of trademarks and for the recordal of other trade mark-related transactions at the Trade Marks Office.

3. The learner can lodge the appropriate documents and further prosecute the matter to finality.

4. The learner is familiar with related areas of law, including statutory and common law.

5. The learner can communicate effectively with clients, colleagues, officials, opponents, institutions and authorities, both orally and in writing, on all trade mark-related matters.

ASSOCIATED ASSESSMENT CRITERIA

Basic and Cross-field Assessment criteria:

Assessment will take place by way of assignments, classroom debates, behind-the-desk experience and performance, and examinations.

1. Learners will be assessed on their knowledge of and ability to:

identify legal issues in fact complexes presented to them, e.g. client instructions

analyse the nature of the issues / problems and determine the area of IP law within which the matter falls

gather relevant legal sources for the solution of an identified legal problem in the area of IP law

consider and critically evaluate all possible solutions to a specific IP-related legal problem with due regard to the responsible use of legal authorities and the interests of the client

propose, in a creative yet responsible manner, an appropriate solution to the problem or requirements of a particular client and suggest a future course of action, with due regard to the implications and consequences of that course of action for the client

produce authoritative and substantiated legal argument in support of a proposed solution and course of action

2. Learners will be assessed on their knowledge of and ability to:

analyse a fact complex or instruction, as presented by a client, and explain e.g. to the client the legal issues involved in a correct and comprehensible manner

explain different available courses of action, and the implications and consequences of each for the client

assist the client in making a responsible decision regarding the course of action to be taken

prepare correspondence and other legal documents to implement the chosen course of action, in accordance with the language conventions pertaining to the relevant area of law

explain the content and meaning of legal documents to clients

present and argue cases, e.g. before the Registrar of Patents and Trade Marks, in an effective and responsible manner with due regard to the legal procedures and other applicable rules and conventions.

3. Learners will be assessed on their knowledge of and ability to:

conduct research into a legal problem, e.g. a IP-related legal problem.

find all sources relevant to the problem, e.g. the IP-related legal problem.

analyse and critically evaluate the relevant source material and select specifically applicable material.

organise the applicable material to present authoritative legal argument in support of a proposed solution to the problem.

4. Learners will be assessed on their understanding and ability to:

run and manage an IP practice responsibly and effectively

manage the IP rights and interests of a client responsibly and effectively

put in place the necessary procedures and mechanisms, e.g. diarising, creating and maintaining files, indexing, etc. to ensure that all requirements for the running of an IP practice are fully and effectively complied with

prioritise tasks in accordance with their urgency and/or legal sequence

adhere to and meet time deadlines and prescribed periods.

5. Learners will be assessed on their knowledge, understanding and ability to:

use appropriate technology effectively to find legal sources, information and other materials, and to communicate effectively with clients, authorities and other parties

deal effectively with the legal issues arising from the use of technology

recognise ethical constraints and the rights of others involved in the use of technology

keep abreast of legal developments in regard to technology

6. Learners will be assessed on their understanding, ability and willingness to:

demonstrate that they can work effectively with colleagues and others

listen and consider different points of view and debate divergent views

demonstrate tolerance of diversity

demonstrate the ability and skill to work towards and achieve consensus, where this is necessary

demonstrate the ability to assume a leadership role in approaching problem situations.

7. Learners will be assessed on their sensitivity to and awareness of the need to:

understand the interaction between law and the society and the need to find appropriate solutions to legal issues

apply relevant legal principles within the context of a constitutional democracy

make comparative reference to the principles of comparable foreign legal systems for the solution of local legal issues, where appropriate

appreciate the position and relevance of the South African legal system within the African continent and the world

understand and apply international law, including regional and international treaties and conventions.

Specific Assessment criteria

Assessment will take place by way of assignments, classroom debates, behind-the-desk experience and performance, and examinations.

1. Learners will be assessed on their knowledge and understanding of:

the complexities of the various statutes, regulations, government notices, official circulars, codes and directives and decided cases applicable to trade marks, including the
- Trade Marks Act, 1993
- Merchandise Marks Act, 1941
- Counterfeit Goods Act, 1997
- Trade Practices Act, 1976
Business Names Act, 1979
Companies Act, 1973
Close Corporations Act, 1983

the finer details of the legal requirements for filing and prosecuting trade mark applications in South Africa and in selected foreign countries

the legal requirements for enforcing trade mark rights and the procedural steps for doing so

the legal requirements for structuring and executing commercial transactions regarding trade mark rights, including assignments, licences, franchises etc.

the complexities of trade mark law and practice to be able to offer appropriate advice on and solutions to trade mark matters

sources of law to research legal problems in the area of trade marks

relevant aspects of trade mark law and practice to analyse and critically evaluate trade mark-related conflicts and other contentious issues and to apply their acquired knowledge to offer appropriate solutions

the professional responsibilities of trade mark practitioners and the standards of professional conduct expected of them

the requirements and skills to manage a trade mark practice effectively and efficiently.

2. Learners will be assessed on their knowledge of and ability to:

identify the relevant legal documents to be drafted and prepared for every transaction to be filed or recorded at the Trade Marks registry

draft, prepare, have executed and finalise the appropriate documents to comply with all legal requirements

draft and finalise agreements involving trade mark rights, e.g. user agreements, licences, franchise agreements

3. Learners will be assessed on their knowledge and ability to:

lodge the appropriate documentation and supporting material for purposes of an application for the registration of a trade mark, and to prosecute such application to finality

deal with and respond to objections and queries put forward by the Trade Mark registry and/or other interested parties

structure compromises, concessions or other transactions as may be required for purposes of registration.

4. Learners will be assessed on their acknowledge and understanding of:

the legal principles of passing-off and unlawful competition

the legal principles relating to business and trade practices, the protection of business names

the legal principles relating to franchising

the legal principles relating to advertising and other marketing activities in the context of the use of trade marks and brand names

the legal principles of copyright law and the interrelation with trade mark law.

5. Learners will be assessed on their ability to:

effectively conduct consultations with clients, and/or accept instructions in writing

extract all relevant information from clients and provide informed and appropriate feedback

explain the legal position to a client, both orally and in writing, and advise the client on appropriate action

deal responsibly, clearly and effectively with queries of clients, colleagues, opponents, officials and authorities, both orally and in writing

communicate and correspond effectively with clients, colleagues, officials, opponents, institutions and authorities on all matters pertaining to trade marks.

Integrated assessment:

1. Learners will be continuously evaluated in the workplace by qualified assessors in regard to practical experience and in-office skills.

2. Summative assessment: An official examination will assess the totality of outcomes in an integrated manner whereby the learner's ability to manage and integrate a large body of knowledge to achieve the stated outcome will be assessed. This includes the assessment of drafting skills, research skills, as well as critical and analytical thinking and the ability to reach substantiated solutions in practical situations.

3. The official examination will be structured to reflect the assessment of outcomes linked to each exit level, i.e. to the first exit level, namely the Advanced Certificate in Trade Mark Practice, and the second exit level, namely the post-graduate diploma in Trade Mark Practice.

Exit level: A thorough knowledge and understanding of the following subjects:

X Trade Mark Law and Formalities
X Trade Mark Litigation
X Practical Trade Mark Problems.

ARTICULATION OPTIONS

In terms of the Trade Marks Act, 1993, admission as an attorney is a requirement to practise under the Trade Marks Act, including as a Trade Mark Practitioner.

MODERATION OPTIONS

The SA Institute of Intellectual Property Law, in conjunction with the Law Society of South Africa, will oversee all training and assessment.

CRITERIA FOR THE REGISTRATION OF ASSESSORS

Examiners and assessors will be appointed by the SA Institute of Intellectual Property Law on the basis of knowledge, experience and professional stature.

REREGISTRATION HISTORY

As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2006; 2009.

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.

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