Does intellectual Property really encourage innovation?  How does IP interact with other forms of legal regulation?  Does IP have to evolve to cope with new forms of technology and behaviour, or is it our understanding of the role IP plays in encouraging innovation that has to change?

Special Topics in IP Law provides students with an opportunity to explore issues relating to intellectual property at a more advanced and specialised level.  It is hoped that we can use intellectual property as a lens to consider broader issues of the role of legal regulation in encouraging innovation.  This course will consider the interaction of IP with property, corporations and competition law as well as other forms of legal regulation.  The main economic rationales for IP protection will be examined and contrasted with alternative approaches to reconciling the objectives of encouraging development, dissemination and adoption of innovation. 

Throughout the course Students will be encouraged to explore areas of enduring or emerging concern that is of interest to them.  Areas that may be explored will be finalised after consultation with the class, but could potentially include:

The role of networks and competition in encouraging innovation, including role and liability of carriage service providers in enforcing IP and network neutrality principles.

• Enhancing the public benefits of scientific research, including Biotechnology, use of human genes and medical diagnostics
• Development of language, culture and community through protection of trade marks and commercial appropriation
• Impact on privacy, identity and speech of developments in database protection, rights management and other forms of technological protection measures.

During this course, students will:

• Participate in debate on the competing rationales for intellectual property and their influence on the elements of intellectual property protection
• Recognise the interrelationship of various areas of legal regulation that influence the rate and benefits of innovation
• Anticipate developments in intellectual property principles with the emergence of new forms of technology or social behaviour
• Contribute to our understanding of the operation of IP in at least one area of contemporary debate
• Critically analyse the arguments, challenge the assumptions and conclusions reached by others and constructively advance the discussion presented
• Advocate for a position in attempting to change the views of others
• Work cooperatively together in developing your joint appreciation of the material being considered and in developing and improving your own understanding.

It is proposed that the assessment scheme will involve up to 5 different elements from which students will have to make a selection, including a group presentation, group essay, individual essay and reflective accounts.  Students will be encouraged to develop their own elements and weightings so as to enable them to pursue their areas of interest while demonstrating their achievement of the course learning objectives.

At least three hours per week of scheduled contact time along with reading, writing and thinking on your own and talking with others, including the academic contact, outside of class.

Intellectual Property LAWS2222.
Completed or completing five LAWS courses at 1000 level.

Materials will be made available, usually on the WATTLE course page, at various times throughout the course.  Students should also have access to Christine Greenhalgh and Mark Rogers, Innovation, Intellectual Property and Economic Growth, Princeton University Press, 2010.