This course provides a practical overview of the legal regulation of innovation. Its primary focus is on the role of Australian and international intellectual property law, especially the laws of copyright, designs, patents, trade marks and related rights, in rewarding and protecting innovations in both product appearance and function. The course also locates this discussion of legal regulation within a broader framework of innovation strategy, government policy and international trade. It will be of particular interest to those with an interest in the workings of the cultural, scientific and technology industries, both in Australia and internationally.
LAWS8046 is compulsory for Graduate Diploma in Applied Intellectual Property
students, unless an exemption is obtained from the Program Director, based on previous study of intellectual property law or comparable work experience.
Recommended Prior Knowledge
No prior knowledge is required
A candidate who has successfully completed this course should:
- Have a clear understanding of the operation of, and relationships between, the various branches of the law that impact on the protection of innovation
- Be able to define and understand the law regulating innovation within the broader context of government policy and innovation strategy
- Be able to demonstrate a practical understanding of the above by successfully completing one or more problem question exercises, as well as presenting clear, cogent argued written arguments in a research essay.
- Introduction: what is innovation law?
- Government strategies and their relationship with the law
- Protecting innovation as trade secrets
- Protecting innovation through patent law
- Protecting innovation through copyright law
- Protecting designs
- Branding law
- Sui generis legal regimes
- International protection of innovation
- Innovation strategies: commercialisation and IP management issues
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W. van Caenegem, Intellectual Property Law and Innovation (Melbourne: Cambridge University Press, 2007)
L. Bently and B. Sherman, Intellectual Property (3rd ed) (Oxford: Oxford University Press, 2009)
W. Cornish and D. Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (6th ed) (London: Sweet & Maxwell, 2007)
M. Davison et al, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008)
M. Leiboff, Creative Practice and the Law (Sydney: Thomson Lawbook Co, 2007)
J. McKeough et al, Intellectual Property in Australia (3rd ed) (Sydney: LexisNexis Butterworths, 2004)
S. Ricketson et al, Intellectual Property: Cases, Materials and Commentary (4thed) (Sydney: LexisNexis Butterworths, 2008)
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.