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Foundations of Intellectual Property Law - LAWS3021
 Science

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2381, Co-requiste LAWS2311 , Exclude LAWS3046 & LAWS3248; Prerequisite: JURD7281 , Co-requiste JURD7211 , Exclude JURD7446 & JURD 7448
 
 
Equivalent: LAWS3046
 
 
Excluded: LAWS3248
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

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 LAWS3057 Advanced Intellectual Property Policy and Practice, which is next scheduled to run in Semester 1, 2012.

Enrolment Requirements

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. It 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.

Students wishing to study intellectual property’s various doctrines in more technical depth should consider taking either:
* This course, LAWS3021 Foundations of Intellectual Property Law, plus further intellectual property studies (such as the LLB/JD elective LAWS3057/JURD7357 Advanced Intellectual Property Policy and Practice, or postgraduate studies in intellectual property law); or
* LAWS3046 Intellectual Property 1 and LAWS3248 Intellectual Property 2 (instead of LAWS3021 Foundations of Intellectual Property Law)

PLEASE NOTE: Students will not be permitted to study LAWS3021 Foundations of Intellectual Property Law and LAWS3046 Intellectual Property 1 and/or LAWS3248 Intellectual Property 2.

LAWS3021 Foundations of Intellectual Property Law is an elective subject usually taken in year 4 or 5 of a full time LLB degree, or year 2 or 3 of a full time JD degree (or part time/accelerated equivalent).

Recommended Prior Knowledge

Completion of LAWS2381 Property, Equity and Trusts 1.

Exclusions

LAWS3046 Intellectual Property 1
LAWS3248 Intellectual Property 2

Course Objectives

The general aims of this course are to:
  • Develop skills in understanding the complexities of intellectual property law.
  • Critique major doctrinal, theoretical and policy arguments relating to the various categories of intellectual property.
  • Foster debate about the adequacy of the current state of intellectual property law.
  • Canvass ways in which the law might be improved.
On the completion of study of each area students should be able to:
  • Effectively identify the kind and type of intellectual property problem presented.
  • Locate the relevant statutory provisions.
  • Discuss difficulties that may arise in application.
  • Identify potential for further law reform.
  • Be aware of the practical limits of statute and litigation in resolving intellectual property disputes.
  • Note the commercial conditions that lead to particular outcomes.

Main Topics

  • Copyright
  • Confidential information
  • s.18 of Sch.2 Australian Consumer Law (Competition and Consumer Act 2010, formerly s.52 Trade Practices Act 1974)
  • Passing off
  • Trade marks
  • Designs
  • Patents

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

You are not required to purchase a particular textbook, however use of the recommended text (S. Ricketson, M. Richardson and M.Davison, Intellectual Property: Cases, Materials and Commentary, below) is advisable.

Recommended
S. Ricketson, M. Richardson and M.Davison, Intellectual Property: Cases, Materials and Commentary (Sydney: LexisNexis Butterworths, 4th ed, 2009).

Resources

A reading guide (incl. statutory provisions and cases) will be handed out in the first class, and supplementary information will be distributed throughout the course. Students who wish to start reading before the course begins should read Chapters 1 & 2 of the recommended text and/or substantive chapters of M. Davison, A. Monotti and L. Wiseman, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008).

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.