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:
- appreciate the significance of intellectual property rights to the modern economy and society;
- 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;
- demonstrate a basic understanding of Australian legislation and international treaties protecting intellectual property rights;
- 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;
- 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;
- 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
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
Description | Group Assessment |
Weighting (%) | Course learning outcomes |
---|---|---|---|
Presentation (ind, grp, mltmd) | No | 20 | 1,2,6 |
Research (paper) | No | 30 | 1,2,3,4,5,6 |
Take home examination | No | 50 | 1,2,3,4,5,6 |