The course provides an overview of intellectual property law. It considers the main aspects of Copyright Law, Designs Law, Passing Off, Trade Mark Law, Confidential Information, Patent Law and Plant Breeders' Rights. It concentrates on the relationship between the different forms of Intellectual Property and the process of reform to provide students with an understanding of the underlying principles behind such forms of protection. The course also explores a number of key policy themes - including the globalisation of trade; the rise of information technology; the scientific revolutions in agriculture, medicine and biotechnology; the development of personality rights and a Creative Commons; and the protection of traditional knowledge and culture.

All classes will be interactive and students are offered the opportunity to pursue inquiry-based learning. Students will work through electronic materials and attend a two-hour lecture discussing reform initiatives, international comparisons and recent cases. There will also be a policy-based seminar each week. This subject is generally taken in later years of the law degree.

A participant who has successfully completed this course should:

• Have an understanding of the fundamental legal principles relating to copyright, patents, designs, trade marks and passing off and confidential information
• Be able to identify, apply and assess issues relating to each of these areas of intellectual property
• Understand the legal and practical requirements to ensure that intellectual property rights remain valid and enforceable
• Be able to demonstrate a capacity to identify, apply and assess ownership rights and marketing protection under intellectual property law as applicable to information, ideas, new products and product marketing
• Understand the issues relating to the intellectual property protection of: indigenous knowledge or culture, computer software and material distributed on the internet, biotechnology and international trade.
• Understand the various mechanisms used in managing and exploiting intellectual property rights, including licensing, valuation and assignment.

The proposed scheme of assessment for this course will involve three compulsory and non-redeemable components:

• Seminar presentation - 8-11 minutes presentation plus 1000 word note (value 20%)
• Research essay - 2,000-2,500 word essay (value 40%)
• Examination - 1 hour examination (3 questions) (value 40%).

This course will involve weekly two-hour lectures, and one-hour seminars over the period of a semester. Students are expected to devote approximately ten hours overall per week to this course.

Completed or completing five LAWS courses at 1000 level.

McKeough, J., Bowrey, K. and P. Griffith, Intellectual Property: Commentary and Materials (4th ed). Sydney: LexisNexis Butterworths, 2007, pp. 772 or Davison, M., Monotti, A, and L. Wiseman, Australian Intellectual Property Law. Cambridge: Cambridge University Press, 2008, pp. 625.

It is also essential that students have access to Australian intellectual property legislation on international treaties. These Acts may be downloaded from http://www.comlaw.gov.au/  or http://www.austlii.edu.au/ or may be found in the Butterworths Intellectual Property Collection 2008 (Sydney: LexisNexis Butterworths, 2008).

The preliminary reading required for this course will be available from the course home page at least one week prior to the commencement of the course.

A reading guide will be available on the course web page. Students are encouraged to read a series of free Creative Commons online texts, including:

Benkler, Y. The Wealth of Networks: How Social Production Transforms Markets and Freedom. New Haven and London: Yale University Press, 2006, http://www.benkler.org/Benkler_Wealth_Of_Networks.pdf, Creative Commons free download, Geist, M. (editor). In The Public Interest: The Future of Canadian Copyright Law. Toronto: Irwin Law, 2005, Creative Commons free download, Lessig, L. Free Culture: How Big Media Uses Technology And Law To Lockdown Culture And Control Creativity. New York: Penguin Books, 2004, http://freeculture.org/, Creative Commons free download, Zittrain, J. The Future of the Internet and How to Stop It. New Haven and London: Yale University Press and Penguin Books, 2008, http://futureoftheinternet.org/, Creative Commons free download.

Intellectual Property is generally regarded as an important subject within a law degree which has commercial law specialisation. However, because it deals with property rights in information and expression it has a broad utility and should be equally stimulating for students interested in the arts, cultural studies and legal theory. Intellectual Property would also be of interest of those with a information technology or science background.