Course

Intellectual Property Law and Innovation - LAWS8046

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: Acad Prog equal to 5265 or 9231or 5231 or 9220 or 5750.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course provides a practical overview of the legal regulation of innovation. Its primary focus is on the role of Australian and international intellectual property law, especially the laws of copyright, designs, patents, trade marks and related rights, in rewarding and protecting innovations in both product appearance and function. The course also locates this discussion of legal regulation within a broader framework of innovation strategy, government policy and international trade. It will be of particular interest to those with an interest in the workings of the cultural, scientific and technology industries, both in Australia and internationally.

LAWS8046 is compulsory for Graduate Diploma in Applied Intellectual Property students, unless an exemption is obtained from the Program Director, based on previous study of intellectual property law or comparable work experience.


Recommended Prior Knowledge

No prior knowledge is required

Course Objectives

A candidate who has successfully completed this course should:
  • Have a clear understanding of the operation of, and relationships between, the various branches of the law that impact on the protection of innovation
  • Be able to define and understand the law regulating innovation within the broader context of government policy and innovation strategy
  • Be able to demonstrate a practical understanding of the above by successfully completing one or more problem question exercises, as well as presenting clear, cogent argued written arguments in a research essay.

Main Topics

  • Introduction: what is innovation law?
  • Government strategies and their relationship with the law
  • Protecting innovation as trade secrets
  • Protecting innovation through patent law
  • Protecting innovation through copyright law
  • Protecting designs
  • Branding law
  • Sui generis legal regimes
  • International protection of innovation
  • Innovation strategies: commercialisation and IP management issues

Assessment

Class participation 20% (maximisable)
Problem Question(s) (approx. 3,000 words) 50%
Research essay (approx. 3,000 words) 50%
 

Course Texts

Prescribed
W. van Caenegem, Intellectual Property Law and Innovation (Melbourne: Cambridge University Press, 2007)

Recommended
K. Bowrey et al, Australian Intellectual Property: Commentary, Law and Practice (Melbourne: Oxford University Press, 2010)
L. Bently and B. Sherman, Intellectual Property (3rd ed) (Oxford: Oxford University Press, 2009)
W. Cornish and D. Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (6th ed) (London: Sweet & Maxwell, 2007)
M. Davison et al, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008)
M. Leiboff, Creative Practice and the Law (Sydney: Thomson Lawbook Co, 2007)
J. McKeough et al, Intellectual Property in Australia (3rd ed) (Sydney: LexisNexis Butterworths, 2004)

Resources

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

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