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IP Licensing and Commercialisation - LAWS8047
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Faculty: Faculty of Law
 
 
School:  School 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, 9230, 5740 or 5265
 
 
Fee Band:   (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course looks at the legal issues raised by the commercialisation of innovation and research, placing this issue within a broader context of government policy and industry regulation. It will consider such issues as identifying IP to commercialise, and commercialisation options including partnerships, collaborative agreements and joint ventures and the formation of ‘spin-offs’. The course focuses on legal issues involving IP licensing, and, through case studies, will explore key principles of license agreements involving technology. It also focuses on the impact of competition law and restraint of trade on IP commercialisation. The course will be of interest to lawyers involved in IP licensing as well as those whose work requires an understanding of the complexities of the commercialisation of innovation.


LLM Specialisation

Innovation Law

Recommended Prior Knowledge

This course assumes a working knowledge of intellectual property based on study at undergraduate level or through completion of the postgraduate course LAWS4017. You will be expected to have an overview of intellectual property law or to have read J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia (3rd ed) (LexisNexis Butterworths, 2004) and J. McKeough, K. Bowrey and P. Griffith, Intellectual Property: Commentary and Materials (4th ed) (Thomson Law Book Co, 2007).

Graduate Diploma of Applied Intellectual Property students are expected to have a working knowledge of intellectual property based on study of the postgraduate course LAWS4046.

Course Objectives

A candidate who has successfully completed this course should:
  • Have an understanding of commercialisation of innovation within a context of government policy and industry regulation
  • Have acquired a detailed understanding of the various modes of IP commercialisation, and in particular the complexities of technology licensing agreements
  • Be able to demonstrate such an understanding through the completion of practical exercises and the writing of a research essay

Main Topics

  • What is commercialisation? Government policy and industry regulation
  • Identifying intellectual property to commercialise
  • Overview of commercialisation options
  • Licensing: legal issues
  • Partnerships, collaborative agreements and joint ventures
  • Spin-offs and other companies
  • Key principles of, and issues in, licensing agreements involving technology
  • Competition law and restraint of trade
  • International licensing issues

Assessment

Class participation (maximisable) 20%
Case Study Exercise 50%
Research essay (approx. 3,000 words) 50%
 

Course Texts

Prescribed
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

Recommended
Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

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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.