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LAWS2222 Intellectual Property

Later Year Course

Offered By Law
Academic Career Undergraduate
Course Subject Laws
Offered in First Semester, 2010 and Second Semester, 2011
Unit Value 6 units
Course Description

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.

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 formation of the public domain and the Creative Commons; the rise of information technology; the scientific revolutions in agriculture, medicine and biotechnology; the development of personality rights and privacy rights; the promotion of clean technologies to address the effects of climate change and global warming; and the protection of traditional knowledge and culture.

Learning Outcomes

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.
Indicative Assessment

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 per cent)
  • Research essay - 2,000-2,500 word essay (value 40 per cent)
  • Examination - 1 hour examination (3 questions) (value 40 per cent).
Workload

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.

Areas of Interest Law
Requisite Statement

Completed or completing five LAWS courses at 1000 level.

 

Prescribed Texts

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 and international treaties. These Acts may be downloaded from www.comlaw.gov.au/ or www.austlii.edu.au/ or may be found in the Butterworths Intellectual Property Collection 2009. Sydney: LexisNexis Butterworths, 2009.

Preliminary Reading

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.

Technology Requirements Students must be able to access lecture and seminar notes using WebCT.
Other Information

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 an information technology or science background.

Academic Contact Matthew Rimmer

The information published on the Study at ANU 2010 website applies to the 2010 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2009 website.

Updated:   13 Nov 2015 / Responsible Officer:   The Registrar / Page Contact:   Student Business Solutions