Intellectual Property 1 - JURD7446
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:
Prerequisite: Completion of 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, completion of 72 UOC of JURD courses. Exclusion: JURD7321, JURD7617 OR equivalent
Equivalent: LAWS3046
Excluded: JURD7357
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
LAWS3046/JURD7446 Intellectual Property 1, together with LAWS3248/JURD7448 Intellectual Property 2, collectively consider Australian intellectual property (IP) law.
IP—which encompasses the laws of copyright, designs, patents, breach of confidence, passing off and registered trade marks, as well as various related doctrines—has become one of the most important areas of commercial legal practice in recent years. It is vital to the marketing, advertising, entertainment, communications and science and technology industries. The two courses together aim to introduce students to each of the general law and statutory protections outlined above. For each of the heads of protection, the courses gives detailed consideration to the subject matter which is protected, the pre-conditions for protection, and the nature of infringement. Other matters such as remedies, licensing and international protection are dealt with briefly. Various justifications for IP are also considered, particularly in the context of new or developing forms of IP.
This course considers a key aspect of Australian IP law: the law of copyright, which primarily protects creative and entrepreneurial subject matter such as books, art, music, films and TV broadcasts. It focuses on key issues such as the history of and justifications for copyright; copyright subject matter; requirements for subsistence; ownership and exploitation issues; infringement, defences and remedies; and moral rights. Attention will also be paid to emerging debates, policy issues and law reform proposals on such issues as the impact of digital technology, rights in entertainment franchises and indigenous artists’ rights. The course also considers other aspects of IP law related to copyright, such as designs law and circuit layout protection.
Please be aware that students who take Intellectual Property 1 and/or Intellectual Property 2 will not be able to take LAWS3021/JURD7321 Foundations of Intellectual Property Law and/or LAWS3057/JURD7357 Advanced Intellectual Property Policy and Practice. Similarly, students who take Foundations of Intellectual Property Law and/or Advanced Intellectual Property Policy and Practice will not be able to take either Intellectual Property 1 or Intellectual Property 2.
Main Topics
IP—which encompasses the laws of copyright, designs, patents, breach of confidence, passing off and registered trade marks, as well as various related doctrines—has become one of the most important areas of commercial legal practice in recent years. It is vital to the marketing, advertising, entertainment, communications and science and technology industries. The two courses together aim to introduce students to each of the general law and statutory protections outlined above. For each of the heads of protection, the courses gives detailed consideration to the subject matter which is protected, the pre-conditions for protection, and the nature of infringement. Other matters such as remedies, licensing and international protection are dealt with briefly. Various justifications for IP are also considered, particularly in the context of new or developing forms of IP.
This course considers a key aspect of Australian IP law: the law of copyright, which primarily protects creative and entrepreneurial subject matter such as books, art, music, films and TV broadcasts. It focuses on key issues such as the history of and justifications for copyright; copyright subject matter; requirements for subsistence; ownership and exploitation issues; infringement, defences and remedies; and moral rights. Attention will also be paid to emerging debates, policy issues and law reform proposals on such issues as the impact of digital technology, rights in entertainment franchises and indigenous artists’ rights. The course also considers other aspects of IP law related to copyright, such as designs law and circuit layout protection.
Please be aware that students who take Intellectual Property 1 and/or Intellectual Property 2 will not be able to take LAWS3021/JURD7321 Foundations of Intellectual Property Law and/or LAWS3057/JURD7357 Advanced Intellectual Property Policy and Practice. Similarly, students who take Foundations of Intellectual Property Law and/or Advanced Intellectual Property Policy and Practice will not be able to take either Intellectual Property 1 or Intellectual Property 2.
Main Topics
- Introduction to IP
- Introduction to Copyright: History, Basic Principles and Subsistence
- Works
- Subject Matter Other Than Works
- Ownership, Duration, Exploitation
- Direct Infringement
- Authorisation of Infringement; Indirect Infringement
- Exceptions to Infringement
- Performers’ Rights, Moral Rights and Artists' Resale Rights
- Designs.
More information can be found on the Course Outline Website.
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