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LAW3406 Intellectual Property Law

Semester 2, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite: LAW3203 or LAW2213 or LAW5703 or LAW5213

Overview

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鈥檚 most challenging and important legal disputes.

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.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. appreciate the significance of intellectual property rights to the modern economy and society;
  2. discuss how intellectual property rights protect ideas, signs, logos, inventions, artistic works, digital works, original sounds and scents, aspects of packaging, confidential information, designs, certification marks, geographic indications and indigenous knowledge;
  3. demonstrate a basic understanding of Australian legislation and international treaties protecting intellectual property rights;
  4. identify and articulate intellectual property issues and apply legal reasoning in advising clients in relation to intellectual property matters, licensing agreements and assignment of rights;
  5. engage in critical analysis through evaluating the interaction of intellectual property rights with novel and emerging issues related to the arrival of the Internet and digital technologies and the protection of Indigenous knowledge and cultural expressions;
  6. communicate in ways that are effective, appropriate and persuasive.

Topics

Description Weighting(%)
1. Introduction to intellectual property and international issues 10.00
2. Trademark application and registration 10.00
3. Trademark infringement and passing off 10.00
4. Copyright subsistence, ownership and rights 10.00
5. Copyright infringement, defences and moral rights 10.00
6. Patent application and registration 10.00
7. Patent ownership, infringement and defences 10.00
8. Designs and breach of confidence 10.00
9. Intellectual property commercialisation 10.00
10. Emerging issues in intellectual property 10.00

Text and materials required to be purchased or accessed

Fitzgerald, A, Eliades, D & Olwan, R 2022, Intellectual Property: Principles and Practice, 1st edn, Thomson Reuters, Australia.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Oral Presentation (ind, grp, mltmd) No 20 1,2,6
Assignments Written Research (paper) No 30 1,2,3,4,5,6
Examinations Non-invigilated Take home examination No 50 1,2,3,4,5,6
Date printed 10 February 2023