Course

Foundations of Intellectual Property Law - JURD7321

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

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

This course introduces students to the law of copyright (including moral rights), registered designs, trade marks, passing off, s.18 of Sch.2 Australian Consumer Law (Competition and Consumer Act 2010 , formerly s.52 Trade Practices Act 1974), breach of confidence, and patents. Students will study the fundamental statutory provisions and common law principles that define the subject matter protected by these doctrines, as well as the pre-conditions for protection and the nature of infringement. They will learn how to approach practical intellectual property problems, and will gain insight into the interrelationships between intellectual property’s various doctrines.

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.


Recommended Prior Knowledge

This course is designed for students wishing to gain an integrated understanding and working knowledge of the core principles of intellectual property law’s main doctrines in a single course.

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).
Students will not be permitted to study JURD7321 Foundations of Intellectual Property Law and JURD7446 Intellectual Property 1 and/or JURD7448 Intellectual Property 2.

Course Objectives

The general aims of this course are to:
  • 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
On the completion of study of each area students should be able to:
  • 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

The assessment scheme has been designed to suit the intensive method of delivery of this course. Students must complete one option from Group A and one option from Group B. If you complete more than one option from Group A and/or B, the higher mark from that group will be counted. It is optional whether you include Group C (Class Participation); if you do, the result will be maximizable.

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 10 January 2014
and/or
- Class test 1 – 60 mins - Monday 9 December 2013

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 10 January 2014
and/or
- Class test 2 – 60 mins – Tuesday 10 December 2013
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 10 January 2014.

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

You are not required to purchase a particular textbook, however use of a recommended text is advisable. You will be given more information about recommended texts on the first day of class.

Resources

Students who wish to start reading ahead before the course begins should look at the introductory chapter of a current intellectual property text book.
Science

Study Levels

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