Course

Advanced Topics in Intellectual Property - LAWS8021

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 or 9210 or 5740 or 9230 or 5265 or 9231 or 5231 or 9220 or 5750.

Excluded: JURD7621

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Intellectual property is one of the most dynamic areas of the law. In the past fifteen years or so it has been a field of major economic and social importance. At the same time, it has had to respond to a range of issues, for example the challenges posed by digitisation of copyright materials, the impact of biotechnological development, the intersection with competition law and increased concern over the social costs of extending the scope of intellectual property rights. Notwithstanding the fact that Australian intellectual property law has been the subject of major reform over recent years, there are still many unresolved issues impacting on this area of the law. The purpose of this course is to examine in detail some of these particular issues. Thus, rather than focusing on general principles, in this course we will look at particular topics that are the subject of current controversy. The focus of this course will be on Australian law.


LLM Specialisation

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 LAWS8017 Intellectual Property Law. You will be expected to have an overview of intellectual property law and/or to have read a recent IP textbook (such as Davison et al, Australian Intellectual Property Law (2nd edn) (Cambridge University Press, 2011) or Stewart et al, Intellectual Property in Australia (4th ed) (LexisNexis, 2010) and IP casebook (such as Bowrey et al, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, 2010).

Graduate Diploma of Applied Intellectual Property students are expected to have a working knowledge of intellectual property based on study of the postgraduate course LAWS8046 Intellectual Property Law and Innovation.

Course Objectives

The general aims of this course are to investigate why each of the studied issues have proven to be controversial, to assess the major doctrinal, theoretical and policy arguments relating to these issues and to canvass ways in which the law might be improved. On the completion of the course, students should:
  • Have a comprehensive understanding of the major issues affecting intellectual property law in Australia
  • Be aware of the major arguments and critical thinking that has impacted on these issues
  • Be able to explain why each of these issues has been difficult to resolve
  • Be able to identify potential for law reform in relation to these issues
  • Be able to articulate the above in the form of a cogently argued essay

Main Topics

  • Moral rights and artists' resale rights
  • Copyright exceptions
  • Technological protection measures
  • Authorisation of copyright infringement
  • Geographical indications
  • Trade mark law reform
  • Confidential information and the protection of privacy
  • Business method patents and claim construction
  • Innovation and competition policy
  • Intellectual property commercialisation
  • Challenges to intellectual property

Assessment

Research Plan 10%
Class Participation 20%
Research Essay 7,000 words 70%

Course Texts

Course Materials will be handed out at the first class. These contain comprehensive details of the specific readings for each class.

Science

Study Levels

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