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Industrial and Intellectual Property - LAWS2021
Science

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1081, LAWS1082; or LAWS3010
 
 
Excluded: LAWS3044
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

Industrial and intellectual property (IP) is an elective subject usually taken in the final year of enrolment. IP has become one of the most important areas of commercial legal practice, and is vital to the marketing, advertising, entertainment and communications industries. This course aims to introduce students to each of the general law and statutory protections outlined below. There are increasing interrelationships and overlaps between these laws, particularly because of the Trade Practices Act. For each of the heads of protection, the course 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 but cannot be examined in detail in a one semester course. Various justifications for these forms of property are also considered, particularly in the context of new or developing forms of intellectual property.


Recommended Prior Knowledge

None

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
  • Designs
  • Confidential information
  • Patents
  • Trade marks
  • Business reputation

Assessment

Mid-semester Assignment 1 - 50%
End of semester Assignment 2 - 50%

Course Texts

Prescribed

  • J. McKeough, K. Bowrey & P. Griffith, Intellectual Property Commentary and Materials, 2007, 4th ed, LBC
  • Butterworths Intellectual Property Collection, 2008, Butterworths OR online access to relevant IP legislation.

Recommended
J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia, 2004, 3rd ed, Butterworths

Resources

A full reading guide will be handed out in the first class. It contains comprehensive details of the specific readings for each class.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.