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| Foundations of Intellectual Property Law - JURD7321 | |||||||||||||||||||||||||||||||||||||||||||||||||||||
Description This course introduces students to the law of copyright (including moral rights), registered designs, trade marks, passing off, s.18 of Sch.2 Australian Consumer Law (Competition and Consumer Act 2010 , formerly s.52 Trade Practices Act 1974), breach of confidence, and patents. Students will study the fundamental statutory provisions and common law principles that define the subject matter protected by these doctrines, as well as the pre-conditions for protection and the nature of infringement. They will learn how to approach practical intellectual property problems, and will gain insight into the interrelationships between intellectual property’s various doctrines.
The course aims to build solid foundations for lawyers not specialising in intellectual property, as well as those who might later undertake further studies to specialise in this area of law. This course is a pre-requisite for JURD7357 Advanced Intellectual Property Policy and Practice, which is next scheduled to run in Semester 1, 2012. Recommended Prior Knowledge This course is designed for students wishing to gain an integrated understanding and working knowledge of the core principles of intellectual property law’s main doctrines in a single course.
Students wishing to study intellectual property’s various doctrines in more technical depth should consider taking either:
Students will not be permitted to study JURD7321 Foundations of Intellectual Property Law and JURD7446 Intellectual Property 1 and/or JURD7448 Intellectual Property 2.
Course Objectives The general aims of this course are to:
On the completion of study of each area students should be able to:
Main Topics
Assessment The assessment scheme has been designed to suit the intensive method of delivery of this course. Students must complete one option from Group A and one option from Group B. If you complete more than one option from Group A and/or B, the higher mark from that group will be counted. It is optional whether you include Group C (Class Participation); if you do, the result will be maximizable.
Group A These assessment tasks test your knowledge from the first part of the course. It is compulsory to choose an option from this group. Each task is worth 40% if counting CP or 50% if not counting CP, but only one task from Group A may be counted towards your final result. - Problem Question 1 - 2, 500 words - question distributed during course, electronic submission of answer due Wednesday 4 January 2012 and/or - Class test 1 – 60 mins - Monday 28 November 2011. Group B These assessment tasks test your knowledge from the second part of the course. It is compulsory to choose an option from this group. Each task is worth 40% if counting CP or 50% if not counting CP, but only one task from Group B may be counted towards your final result. - Problem Question 2 - 2, 500 words – question distributed during course, electronic submission of answer due Wednesday 4 January 2012 and/or - Class test 2 – 60 mins – Tuesday 29 November 2011 and/or - Research essay; 3,000 words on a question chosen by the student and approved by the lecturer; suitable to count towards Honours – electronic submission due Wednesday 4 January 2012. Group C Class participation (‘CP’) is worth 20% and it is optional and maximizable. It will comprise an attendance component and a component assessing your contribution in class. Course Texts Prescribed
Recommended Resources A full reading guide will be handed out in the first class. It contains comprehensive details of the specific readings for each class.
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