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| Foundations of Intellectual Property Law - LAWS3021 | ||||||||||||||||||||||||||||||||||||||||||||
Description This course introduces students to the law of copyright (including moral rights), registered designs, trade marks, passing off, s.52 of the 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. LAWS3021 Foundations of Intellectual Property Law is scheduled for Semester 1, 2010. It is not expected to run in Semester 2, 2010. Enrolment Requirements 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. It 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.
Students wishing to study intellectual property’s various doctrines in more technical depth should consider taking either: * This course, LAWS3021 Foundations of Intellectual Property Law, plus further intellectual property studies (such as the LLB/JD elective LAWS3057/JURD7357 Advanced Intellectual Property Policy and Practice, or postgraduate studies in intellectual property law); or * LAWS3046 Intellectual Property 1 and LAWS3248 Intellectual Property 2 (instead of LAWS3021 Foundations of Intellectual Property Law) PLEASE NOTE: Students will not be permitted to study LAWS3021 Foundations of Intellectual Property Law and LAWS3046 Intellectual Property 1 and/or LAWS3248 Intellectual Property 2. LAWS3021 Foundations of Intellectual Property Law is an elective subject usually taken in year 4 or 5 of a full time LLB degree, or year 2 or 3 of a full time JD degree (or part time/accelerated equivalent). Recommended Prior Knowledge Completion of LAWS2381 Property, Equity and Trusts 1.
Exclusions LAWS3046 Intellectual Property 1
LAWS3248 Intellectual Property 2 Course Objectives The general aims of this course are to:
On the completion of study of each area students should be able to:
Main Topics
Assessment 1. 2,500 word problem question - 30% (worth 50% if not counting class participation)
2. Students' choice between 3,000 word problem question or 3,000 word essay - 50% 3. Class participation (Opt-in, maximizable) - 20% Course Texts Prescribed You are not required to purchase a particular textbook, however use of the recommended text (S. Ricketson, M. Richardson and M.Davison, Intellectual Property: Cases, Materials and Commentary, below) is advisable.
Recommended Resources A reading guide (incl. statutory provisions and cases) will be handed out in the first class, and supplementary information will be distributed throughout the course. Students who wish to start reading before the course begins should read Chapters 1 & 2 of the recommended text and/or substantive chapters of M. Davison, A. Monotti and L. Wiseman, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008).
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