Foundations of Intellectual Property Law - JURD7321
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: 3
Enrolment Requirements:
Pre-requisite: Equity & Trusts (LAWS2385/JURD7285) OR Property & Equity 1 (LAWS2381/JURD7281). Co-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (LAWS2311/JURD7211).
Equivalent: JURD7446
Excluded: JURD7448
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
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
Students wishing to study intellectual property’s various doctrines in more technical depth should consider taking either:
- JURD7446 Intellectual Property 1 and JURD7448 Intellectual Property 2 (instead of JURD7321 Foundations of Intellectual Property Law; or
- JURD7321 Foundations of Intellectual Property Law plus further intellectual property studies (such as the elective JURD7357 Advanced Intellectual Property Policy and Practice or postgraduate studies in intellectual property law).
Course Objectives
- Develop skills in understanding the complexities of IP law
- Critique the major doctrinal, theoretical and policy arguments relating to the various categories of IP
- Foster debate about the adequacy of the current state of IP law
- Canvass ways in which the law might be improved
- Effectively identify the kind and type of IP 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 IP disputes
- Note the economic realities 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
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 Friday 4 January 2013
and/or
- Class test 1 – 60 mins - Monday 3 December 2012.
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 Friday 4 January 2013
and/or
- Class test 2 – 60 mins – Tuesday 4 December 2012
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 Friday 4 January 2013.
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
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