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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED QUALIFICATION: 

Postgraduate Diploma: Intellectual Property Law 
SAQA QUAL ID QUALIFICATION TITLE
90663  Postgraduate Diploma: Intellectual Property Law 
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
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  Not Applicable  NQF Level 08  Regular-Provider-ELOAC 
REGISTRATION STATUS SAQA DECISION NUMBER REGISTRATION START DATE REGISTRATION END DATE
Reregistered  SAQA 1141/23  2021-07-01  2024-06-30 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2025-06-30   2028-06-30  

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 qualification seeks to establish/deepen the learner's knowledge of Intellectual Property Law and enable working professionals to support their own enterprise and/or strengthen their existing skillset. The qualification also aims to expose non-legal learners to the methodology of legal practice (specifically in Intellectual Property practice), legal research and the commercial application of the law.

Rationale:
Intellectual property (IP) contributes enormously to our national and state economies. Industries across our economy rely on the adequate enforcement of their patents, trademarks, and copyrights, while consumers use Intellectual property to ensure they are purchasing safe, guaranteed products. Every product or service that we use in our daily lives is the result of a long chain of big or small innovations, and/or improvements that make a product look or function the way it does today. The qualification will promote a sound understanding of the rule of law and the role of the law as regulator of society.

The Postgraduate Diploma: Intellectual Property Law is specifically suited to the study of IP since this field requires a combination of legal and non-legal skills in practice. The ability to operate in commercial, non-legal practice with a sound understanding of the particular, complex and often nuanced difficulties that IP presents is a highly sought-after skillset. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
The learner should:
  • Be able to read and critically evaluate academic text in English and communicate information and own ideas orally and in written text that is grammatically correct, well structured, clear and concise, using accepted standards of scientific and academic writing at NQF Level 7.
  • Be competent in general theoretical, practical, professional and academic knowledge and understanding developed in learning at NQF Level 7.


    Recognition of prior learning:
  • Where the applicant does not meet any of the stated admission requirements, any relevant qualification at NQF Level 7 will be considered.
  • Any other qualification may be considered sufficient to qualify for admission based on relevant workplace experience or any other form of exposure to any field of intellectual property law or practice or any other relevant prior learning or experience.

    Access to the qulififation:
  • An LLB Degree at NQF Level 7.
  • A BSc, BCom or BEng at NQF Level 7. 
    		•

    RECOGNISE PREVIOUS LEARNING? 
    Y 

    QUALIFICATION RULES 
    The qualification consists of four modules worth 30 credits each to make up a total of 120 credits. Learners select a combination of four modules from the given six. Only the Exit Level Outcomes and their Associated Assessment Criteria pertaining to the selected modules are required to be achieved.

    Modules:
    1. Copyright Law.
    2. Intellectual Property Law in the Digital domain.
    3. Patent Law and the Law of Registered Designs.
    4. Research Assignment.
    4. Trademark Law.
    6. Environment. 

    EXIT LEVEL OUTCOMES 
    1. Interpret the principles of international copyright protection, moral rights and the protection of indigenous knowledge.
    2. Resolve issues in electronic data protection measures, copyright and trademark issues on the Internet, software, civil and criminal liability related to local instruments for the recognition of and management of IP rights arising from digital media.
    3. Apply the procedure for obtaining patent/design protection, transfer and revocation of protection and infringement.
    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 law and the area of intellectual property.
    5. Interpret the Trade Marks Act and a brief overview of salient case law and superficial review of the common law issues of unlawful competition in trade mark litigation.

    Critical Cross-Field Outcomes:
  • This qualification allows all the Critical Cross-Field Outcomes to be addressed. 
    		•

    ASSOCIATED ASSESSMENT CRITERIA 
    Associated assessment criteria for exit level outcomes 1:
  • The theory of copyright law as practised in South Africa is discussed.
  • The application of the principle of copyright law in non-legal practice is debated.
  • The practise of copyright litigation is examined.
  • Non-legal arguments are formulated and supported based on issues of copyright law.
  • The role of IP in a developing economy is identified and evaluated.

    Associated assessment criteria for exit level outcomes 2:
  • The impact of the electronic age on aspects of IP is analysed.
  • The application of the principles of Intellectual Property Law to the digital domain is examined.
  • The rationale for the development of Intellectual Property Law to align legal principle and Information Technology-related practices are identified and explained.
  • The basic technical and technological knowledge concerning the operation of the Internet and its impact on the application of Intellectual Property Law principles is applied.
  • The difficulties faced by the IP environment in a developing economy and the Information Technology industry are discussed.

    Associated assessment criteria for exit level outcomes 3:
  • The theory of Patent Law and the Law of Registered Designs in South Africa is explained.
  • The rationale for the expansion/limitation of patent and design protection is analysed.
  • The application of patent and design law to various industries is examined.
  • Legal and non-legal practitioners are questioned on issues of patent and design law.

    Associated assessment criteria for exit level outcomes 4:
  • 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.
  • Analysis of the research theme includes a comprehensive and critical review of current literature and investigations.
  • Selected research methods, techniques and technologies show evidence of a clear understanding of relevant research theory and practice.
  • Research reports critically and coherently describe theoretical arguments, the research process, methodology, results, conclusions and recommendations.
  • Research reports display skill in extrapolating key findings, justifiable conclusions and making feasible recommendations.

    Associated assessment criteria for exit level outcomes 5:
  • The theory of Trademark Law in South Africa is explained.
  • The application of principles of Trademark Law, unlawful competition and passing off is examined.
  • The practice of trademark litigation and the role of the trademark practitioner are explained.
  • Non-legal arguments based on issues of Trademark Law are formulated and supported.

    Integrated Assessment:
    The assessment policy for the Postgraduate Diploma: Intellectual Property Law incorporates the following criteria for effective assessment: validity, reliability, academic integrity, transparency, fairness, achievability and timely feedback.

    The implementation of the assessment policy will be monitored by the qualification coordinator, and includes a compulsory element of external moderation as expressed by the regulation of internal and external moderation.

    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. 
    		•

    INTERNATIONAL COMPARABILITY 
    The Oxford University offers a one-year Postgraduate Diploma in Intellectual Property Law and Practice. This Diploma in IP Law and Practice is a postgraduate vocational course for people embarking on a career in IP law and practice. Learners are expected to complete the following modules:
  • Patents.
  • Trade Marks.
  • Unfair Competition and Passing Off.
  • Trade Secrets.
  • Designs.
  • Copyright and Moral Rights.

    The school of law at University of Manchester offers a Postgraduate Diploma in Intellectual Property Law in two semesters.
  • Trade Mark Law and Policy.
  • Patent Law and Policy.
  • Copyright Law and Policy.
  • Industrial Design Law.
  • Unfair Competition Law.
  • International Aspects of Intellectual Property Law.

    The Indira Gandhi National Open University in India also offers a one year Post-Graduate Diploma in Intellectual Property Rights (PGDIPR) that consists of eight modules:
  • General overview of Intellectual Property.
  • Industrial Property: Patents, Design, Plant Varieties.
  • Industrial Property: Trademarks, Geographical Indications, Trade Secrets and Unfair Competition.
  • Copyrights and Related Rights.
  • Protection of Industrial Property at the National Level.
  • Protection of Copyright and Related Rights.
  • Enforcement of Intellectual Property Rights.
  • Contemporary Intellectual Property Issues.

    The Global Institute of Intellectual Property in Delhi and Bangalore offers a Postgraduate Diploma in Intellectual Property Rights and Patent Management that comprises the following modules:
  • Introduction to Intellectual Property: History, Concepts and Types.
  • International Treaties and Conventions for Protection of IP.
  • Role of Intellectual Property in Growth, Development, Trade and Commerce.
  • Trademarks Basic.
  • Copyright Basics.
  • Trade Secrets.
  • Geographical Indications.
  • Semi Conductors and Integrated Circuits.
  • Industrial Design.
  • Protection and Maintenance of IP.
  • IP and Patent Litigation.
  • Patent Process via PCT.
  • IP and Patent Licensing.
  • Alternate Dispute Resolution.
  • Patent Searches (FTO, Patentability searches).
  • Patent Landscaping and Analysis.
  • Claims and Specification Drafting.
  • Patent Prosecution.
  • IP Valuation.
  • IP Portfolio Audit and Management.
  • Commercialisation and issues related to technology transfer.

    Conclusion:

    The main focus of the Institutions quoted that offer a qualification in Intellectual Property Law is to provide knowledge and understanding of substantive intellectual property law in both its local and international contexts to equip learners with the theoretical framework necessary to analyse critically the intellectual property law regime. The modules from all the qualifications given address a common goal. These qualifications highlight the importance of Intellectual Property Law as a vital component of developing economies globally, hence equiping the learner in that sphere to play a role in the improvement and development of that economy. This Postgraduate Diploma: Intellectual Property Law compares favourably with other similar international qualification. 
    		•

    ARTICULATION OPTIONS 
    This qualification articulates horizontally with the Postgraduate Diploma: Law at NQF Level 8.

    This qualification articulates vertically with the following qualifications at NQF Level 9:
  • Master of Laws: Constitutional Theory: Law and Litigation.
  • Master of Laws: Corporate Law. 
    		•

    MODERATION OPTIONS 
    A system of external evaluation and moderation for all exit-level modules is used. External examiners evaluate and assess the final evaluation (examination assignment) to ensure fair grades and to contextualise the final assessment within the goals and outcomes of the module outline and the other assessment opportunities. All module outlines and final assessment assignments are also moderated internally by a member of staff (other than the responsible lecturer) and the Chair of the Department. 

    CRITERIA FOR THE REGISTRATION OF ASSESSORS 
    The following criteria are specified for assessors concerning the core aspects of the qualification:
  • Assessors need to be experienced in interpersonal skills, subject matter and assessment.
  • Assessors need to be competent in the planning and conducting of assessment of learning outcomes and in the design and development of assessment.
  • Subject matter experience must be well developed within the field.
  • Assessors and moderators must be in possession of a qualification at least one NQF Level higher than this qualification. 
    		•

    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 submitted for public comment, or 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.