UNSW Handbook Course - Intellectual Property Law

Intellectual Property Law - LAWS8017


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: See below
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 2
	Enrolment Requirements:
	Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
	Equivalent: JURD7517
	Excluded: JURD7617
	Fee Band: 3 (more info)
	Further Information: See Class Timetable

Description

This course is designed to give postgraduates a working understanding of intellectual property law, which is an important area of commercial legal practice and is vital to many industries. This course introduces students to the general law and statutory protections relating to Australian copyright, moral rights, passing off, trade marks, designs, patents, and confidential information. For each of the above, the course gives consideration to the subject matter that is protected, the preconditions for protection, and the nature of infringement. Other matters (such as remedies, competition law and international protection) may be dealt with briefly but are not examined in detail. As far as possible in an intensive overview, this course focuses on the commercial and business aspects of intellectual property.

LLM Specialisation

Corporate and Commercial Law;
Corporate, Commercial and Taxation Law;
Innovation Law;
Media and Technology Law.

Recommended Prior Knowledge

None

Course Objectives

This course aims to introduce students to each of the general law and statutory protections outlined below. For each of the heads of protection, the course gives detailed consideration to the subject matter which is protected, the pre-conditions for protection, and the nature of infringement. Other matters such as remedies, licensing and international protection are dealt with briefly but cannot be examined in detail in a one semester course. Various justifications for these forms of property are also considered, particularly in the context of new or developing forms of intellectual property.

Main Topics

Copyright (including Moral Rights)
Protection of Confidential Information
Passing Off and s.52 Trade Practices Act
Trade Marks
Designs
Patents.

Assessment

Mid-session problem question 50%
End-of-session problem question 50%

Course Texts

Recommended

In 2010, it is recommended that you use S. Ricketson, M. Richardson and M Davison, Intellectual Property: Cases, Materials and Commentary (4rd ed) (Sydney: LexisNexis Butterworths, 2009) as your main text.

J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia, (Butterworths, 3rd ed, 2004)

J. McKeough, K. Bowrey & P. Griffith, Intellectual Property Commentary and Materials (Lawbook Co, 4th ed, 2007)
Butterworths Intellectual Property Collection 2007 (Butterworths, 2007) OR online access to relevant IP legislation

M. Davison, K. Johnston and P. Kennedy, Shanahan's Australian Law of Trade Marks and Passing Off (3rd ed) (Sydney: Law Book Co, 2003)

M. Davison, A. Monotti and L. Wiseman, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008)

J. McKeough, K. Bowrey & P. Griffith, Intellectual Property: Commentary and Materials (4th ed) (Sydney: Thomson Lawbook Co, 2007)

J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia (3rd ed) (Sydney: Butterworths, 2004)

R. Reynolds & N. Stoianoff, Intellectual Property: Text and Essential Cases (3rd ed) (Federation Press, 2008).

S. Ricketson and C. Creswell, The Law of Intellectual Property: Copyright, Designs and Confidential Information (Sydney: Law Book Co, looseleaf)

S. Ricketson and M. Richardson, Intellectual Property: Cases, Materials and Commentary (3rd ed) (Sydney: LexisNexis Butterworths, 2005)

W. van Caenegem, Intellectual Property (2nd ed) (Sydney: LexisNexis Butterworths, 2006).

Order from UNSW Bookshop

Resources

Refer to the Course Outline for a list of resources.