¾«¶«´«Ã½app

Staffing

Examiner:

Requisites

Pre-requisite: LAW3203 or LAW2213 or LAW5703 or LAW5223

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .

Rationale

Intellectual property is becoming an increasingly important area not only for lawyers and legal professionals but also for any individual using the Internet and involved in culture production. The subject is dynamic in nature and influenced by the development of other fields such as trade globalisation, the knowledge-based economy, e-commerce, digital and internet technologies, international trade treaties, biotechnology and life sciences. Intellectual property is crucial to the promotion of innovation, creativity and economic development. Artists and knowledge creators, business enterprises, creative industries and developed economies are using intellectual property systems for their advantage to recoup their investments and maximise their commercial benefits and rewards. Lawyers must be aware of the latest developments in the field in order to assist clients who might face a range of intellectual property issues in their daily business activities. It is also essential to understand how intellectual property affects trade investments, access to knowledge, protection of drugs and life forms and Indigenous knowledge. The course is not only suitable for students wanting to gain comprehensive knowledge in the subject, but also students wishing to specialise in this exciting field of legal practice that is witnessing some of today’s most challenging and important legal disputes.

Synopsis

The aim of this course is to give students a solid foundation of the basic principles of intellectual property rights and their application in the Australian context and international treaties (TRIPS Agreement and WIPO Treaties). The course provides an overview of the key systems of intellectual property- trademarks, copyrights, designs and patents. It will also cover the common law actions of passing off and breach of confidence (trade secrets), and introduce students to the practical aspects of intellectual property - co-ownership of intellectual property rights, legal drafting of the various intellectual property agreements, commercial licensing and assignments of rights. Finally, the course will deal with novel and emerging issues in intellectual property such as copyright and trademark protection in the internet age and the protection of Indigenous knowledge and cultural expressions for Aboriginal and Torres Strait Islander Australians.

Objectives

Topics

Text and materials required to be purchased or accessed

Reference materials

Student workload expectations

Assessment details

Important assessment information

1. Attendance requirements:
   
   It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
   
   
2. Requirements for students to complete each assessment item satisfactorily:
   
   To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
   
   
3. Penalties for late submission of required work:
   
   If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
   
   
4. Requirements for student to be awarded a passing grade in the course:
   
   To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
   
   
5. Method used to combine assessment results to attain final grade:
   
   The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
   
   
6. Examination information:
   
   There is no examination in this course.
   
   
7. Examination period when Deferred/Supplementary examinations will be held:
   
   There is no examination in this course, there will be no deferred or supplementary examinations.
   
   
8. ¾«¶«´«Ã½app Student Policies:
   
   Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene ¾«¶«´«Ã½app policies and practices. These policies can be found at .
   
   

Assessment notes

1. Referencing in assignments:
   Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at .
   
   

Other requirements

1. Computer, e-mail and Internet access:
   Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at .