Course

Globalisation and Intellectual Property Law - LAWS8050

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: 2

Enrolment Requirements:

Academic Program must be 9231 or 5231 or 9220 or 5750 or 9200 or 5740 or 9210 or 9230 or 9214 or 5214.

Excluded: JURD7350

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

‘Globalisation’ and its governance structures have changed intellectual property law worldwide. Meanwhile, intellectual property laws play an important globalising role.

This course takes an interdisciplinary and theoretical approach to examine: the history of intellectual property globalisation: governmental and NGO organisations involved in his process; political debates, alliances and ideologies that have shaped global intellectual property law-making; the economics of globalisation and intellectual property; and sociological, cultural and domestic legal effects of globalising through intellectual propertization.

Issues will be discussed in the context of wider debates concerning sovereignty, development and national identity, and the examination of case studies such as the debates about access to essential medicines, biopiracy, and owning life. Students will gain a good understanding of the major debates surrounding the development and application of intellectual property law in a globalised economy.


LLM Specialisations

Recommended Prior Knowledge

Pre-requisites:
at UNSW; An equivalent course at another university; a patent or trademark attorney qualification; or a working knowledge of intellectual property law from practical experience.

Course Objectives

A candidate who has successfully completed this course should be able to:
  • describe historical events and factors that have led to the contemporary global intellectual property framework;
  • understand and knowledgeably discuss the interlinked political, economic and sociological issues related to intellectual law and policy in a global environment;
  • knowledgeably discuss and debate various theoretical perspectives on international intellectual property law-making in a globalised economy;
  • evince an understanding of ways in which the global intellectual property framework is influenced by, and influences, other areas such as trade, commerce, politics, scientific development, sovereignty, and economic development.

Main Topics

  • Introduction to the Globalisation of Intellectual Property Regulation (A critical overview of the Institutional Framework, Key organisations, and Key Legislation and International Agreements).
  • History of Intellectual Propertisation and the Globalisation of Intellectual Property Regulation.
  • Non-Western Methods of Regulating Access to and Use of Ideas, Information, Knowledge and Symbols.
  • The Politics of Contemporary International Intellectual Property Regulation and Governance.
  • The Economics and Political Economy of Contemporary Intellectual Property Regulation.
  • The Sociology of Globalisation via International Intellectual Property Standardisation.
  • Issues in Intellectual Property Regulation in a Global Setting:
  1. Sovereignty.
  2. Legal Transplants.
  3. Development.
  • Case Studies of Intellectual Property Regulation in a Global Setting:
  1. Copyright, Patents and Traditional Knowledge.
  2. Patents and Access to Essential Medicines around the World.
  3. Trademarks and Multinational Branding Practices.
  • The Cultural Impact of Globalising via the International Standardisation of Intellectual Property Laws.
  • Conclusions: Blending Theory and Practice in Domestic and International Intellectual Property Law- and Policy-Making.

Assessment

Assessment will be by research essay – either a combination of two shorter research essays addressing particular aspects of the course, or a 6,000 word essay on a topic approved by the teacher. (50%+50% or 100%, depending on option chosen). Class participation is worth 20% (maximisable).
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