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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Master of Laws in Intellectual Property Law 
SAQA QUAL ID QUALIFICATION TITLE
93688  Master of Laws in Intellectual Property Law 
ORIGINATOR
University of Cape Town 
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
Registered-data under construction  EXCO 0324/24  2024-07-01  2027-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2028-06-30   2031-06-30  

Registered-data under construction

The qualification content is currently being updated for the qualifications with the status “Registered-data under construction” or showing “DETAILS UNDER CONSTRUCTION” to ensure compliance with SAQA’S Policy and Criteria for the registration of qualifications and part-qualifications on the National Qualifications Framework (NQF) (As amended, 2022). These qualifications are re-registered until 30 June 2027 and can legitimately be offered by the institutions to which they are registered.

 

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.  

PURPOSE AND RATIONALE OF THE QUALIFICATION 
Purpose:
The Qualification is primarily aimed at providing specialised professional knowledge to better equip practicing legal professionals. The education will be at an advanced level so as to produce graduates with expertise in Intellectual Property and legal practice.

Rationale:
There is a need to educate and train legally-qualified learners in advanced Intellectual Property Law to enhance their professional employment. Within the legal profession there are areas of law and legal practice which are not dealt with in sufficient detail during the Bachelor of Laws Degree, failing to equip a lawyer to practise with expertise and professional knowledge. The Professional Master's Degree in Intellectual Property Law will educate and train graduates for advanced and specialised professional employment. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Recognition of Prior Learning (RPL):
Admission to this qualification may be obtained through RPL by applicants who do not have a Bachelor of Laws Degree, but are at an appropriate level of competence due to experience acquired in law-related professions and careers. This decision is taken by the Senate on the recommendation of the Faculty of Law.

Entry Requirements:
To gain access to this qualification, an applicant is required to have a:
  • Law Degree obtained from the University of Cape Town.
    Or
  • Comparable Degree from another university or institution recognised by the Senate for the purpose.

    In the case of an applicant with a foreign qualification, he or she has to submit evidence of proficiency in English of a sufficiently high standard to undertake Postgraduate studies in Law. Evidence of proficiency may include an applicant's English language results at school and university level, and/or an applicant's Test of English as a Foreign Language (TOEFL) test results. An applicant may be required to pass a law-specific English proficiency test before being permitted to register in the Faculty. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification comprises five compulsory modules. All the modules are worth 30 Credits whereas the research projects have a credit value of 60.
  • Advanced Intellectual Property Law.
  • Electronic Intellectual Property Law.
  • Intellectual Property Law, Development and Innovation.
  • Principles of Intellectual Property Law.
  • Research projects. 
    		•

    EXIT LEVEL OUTCOMES 
    1. Demonstrate advanced knowledge of concepts, theories and analytical processes of the law in Intellectual Property Law.
    2. Demonstrate competence by accessing, analysing, organising and critically evaluating existing knowledge in the discipline of Intellectual Property Law to apply in practical situations.
    3. Identify, conceptualise, design and apply a problem-solving approach to the resolution of disputes which arise in Intellectual Property Law.
    4. Engage in independent research and produce findings in the form of a research report from a range of appropriate research designs, methods, techniques and technologies in the field of Intellectual Property Law.
    5. Perform research projects which demonstrate professional expertise.
    6. Demonstrate intellectual independence and critical thinking in response to legal issues connected to Intellectual Property Law and the legal practice.
    7. Demonstrate a heightened awareness of ethical issues arising in the context of Intellectual Property Law and legal practice.
    8. Demonstrate competence in communicating professional solutions arising out of practical Intellectual Property Law issues in a clear, coherent and professional manner. 

    ASSOCIATED ASSESSMENT CRITERIA 
    The following Assessment Criteria are applied in an integrated way to modules and specialised learning areas, where applicable, to determine competence in the Exit Level Outcomes:
  • A clear understanding of the context (including policy, legislation and global issues), appropriate concepts, methods, ethics, theories and analytical processes in Intellectual Property Law is reflected through discussions.
  • The appropriate application of the relevant concepts, methods, ethics, theories and analytical processes in Intellectual Property Law is reflected in presentations.
  • Critical analyses and a degree of intellectual independence are displayed in written work in the field of Intellectual Property Law.
  • Current literature and research are accessed, analysed and organised and evaluated systematically in the chosen focus area.
  • Clear evidence of effective application of the principles of research practice in the chosen focus area is demonstrated through evaluations.
  • Conclusions and recommendations are justified by the use of appropriate evidence and arguments.
  • The research inquiry is planned and conducted on the basis of a range of appropriate research designs, methods, techniques and technologies for the specific research problem.
  • Research themes are appropriately identified and demarcated.
  • Analyses of the research theme include a comprehensive and critical review of current literature and investigations.
  • Evidence of a sound understanding of relevant research theory and practice is illustrated through selected research methods, techniques and technologies.
  • Theoretical arguments, the research process, methodology, results, conclusions and recommendations are described critically and coherently through research reports.
  • Skill in formulating key findings, drawing justifiable conclusions and making feasible recommendations are displayed through research reports.
  • Motivations of own position to specific Intellectual Property Law debates are based on sound integration of relevant theory, practice, research and independent, creative thinking.
  • Sound understanding of own position and its feasibility in relation to major debates are demonstrated through discussions.
  • Explanations of own position are clearly and coherently exemplified through written and oral communication.
  • Purposeful and critical application of advanced theory, current knowledge and expertise in the chosen focus area is reflected using analyses of the prevailing problems and issues.
  • Purposeful and creative plans to seek solutions based on theory and proven methods in the chosen field are reflected by means of interventions and/or recommendations.
  • Advanced application of appropriate skills, strategies and techniques in accordance with corresponding theoretical assumptions in the chosen field are reflected through discussions and/or interventions.
  • Outcomes of interventions, techniques, strategies or processes in relation to the stated goals and in accordance with corresponding theoretical assumptions are comprehensively described by evaluations.
  • Outcomes in accordance with the identified needs and issues within the chosen focus area are critically analysed by means of evaluations.
  • Evaluations are purposefully used as the basis for planning, implementing and making recommendations.

    Integrated Assessment:
    The assessment policy is to test a learner's ability to understand and apply the law in a professional manner. Forms of assessment will thus be practically oriented, rather than dominated with theory. Both formative and summative assessments are undertaken to ensure learners are meeting the requirements of the qualification. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Master of Laws (LLM) in Intellectual Property Law aligns well with the following qualifications:
    The University of Cambridge: LLM Degree:
    The Cambridge LLM is a one-year taught qualification. Learners are required to take four courses (or 'papers') in total. The course offerings are sufficiently varied to enable learners to pursue a wide range of interests. Some learners elect to obtain a general LLM, choosing papers from various unrelated legal fields. Others choose to specialise in commercial, European or international law, taking at least three papers in one of these areas so as to receive a designation to their LLM indicating the specialisation pursued. Those who opt to specialise, but want some breadth or variety, frequently take a paper outside their speciality alongside the three within it.

    The papers can be chosen from the following list:
  • International Commercial Tax.
  • Law of Restitution.
  • Corporate Insolvency Law.
  • Corporate Finance Law.
  • Corporate Governance.
  • Criminal Justice.
  • Intellectual Property.
  • Contemporary Issues in the Law of European Integration.
  • Competition Law.
  • International Environmental Law.
  • European Union Trade Law.
  • External Relations Law of the European Union.
  • Foundations of International Law.
  • Law of Armed Conflict, Use of Force and Peacekeeping.
  • Settlement and International Disputes.
  • The Law of the World Trade Organisation.
  • International Criminal Law.
  • International Human Rights Law.
  • Civil Liberties and Human Rights.
  • The Birth, Development and Afterlife of States.
  • Jurisprudence.
  • Topics in Legal and Political Philosophy.
  • Commercial Equity.
  • Comparative Family Law and Policy.
  • Philosophy of Criminal Law.
  • International Intellectual Property.
  • European Legal History.

    The School of Law at the University of Aberdeen: LLM in Oil and Gas Law and LLM in International Commercial Law:
    The Master of Laws qualifications are taught on a modular basis over a twelve month period with wide subject choice. These two expert-led qualifications are aimed at giving learners the opportunity to develop advanced legal professional skills. In lieu of the dissertation component that focuses on legal analytical skills in a traditional LLM qualification, the learners instead attend a summer course that focuses on specific professional skills relevant to the subject area. In the Oil and Gas Law Master's programme, the learner will participate in the simulations of the commercial decision-making process for a hydrocarbon development, with the focus on the legal and regulatory dimensions. In the International Commercial Law programme, the learners will participate in an arbitration exercise, with learners not only preparing an arbitration case to be heard, but also acting as arbitrator and delivering an award. These developments reflect a recognition that while many learners and employers continue to want a traditional LLM, including the independent research and critical analytical skills developed especially by the dissertation, others are looking for the opportunity to develop other practical skills specific to particular areas of the legal practice.

    Four modules from within LLM programmes must be studied (30 Credits each), plus a module in research methods (20 Credits). Learners are required to compile a compulsory dissertation worth 40 Credits. To allow for diversity on most LLM programmes, one of the four taught modules may be taken from a different LLM programme.

    Conclusion:
    Whilst the overall structure of these qualifications varies regarding the areas of study and credit values, the focus remains the same. Another common feature is that all the qualifications include a research project. All the qualifications aim to ensuring that learners acquire the knowledge, skills and techniques intrinsic to Intellectual Property Law and legal practice. This implies therefore that the Master of Laws in Intellectual Property Law compares favourably with the international offerings. 
    		•

    ARTICULATION OPTIONS 
    This qualification articulates horizontally with:
  • Master of Laws in Labour Law, at NQF Level 9.
  • Master of Laws in Commercial Law, at NQF Level 9.
  • Master of Laws in International Trade Law, at NQF Level 9.
  • Master of Laws in Tax Law, at NQF Level 9.
  • Master of Laws in Shipping Law, at NQF Level 9.

    This qualification articulates vertically with:
  • Doctor of Laws at Level 10, with research methodology requirements as a pre-requisite for PhD registration. 
    		•

    MODERATION OPTIONS 
    N/A 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this qualification was Reregistered in 2015. 

    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 Cape Town 


    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.