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Intellectual Property 1 - LAWS3046
Scientia Walkway

 
Faculty: Faculty of Law
 
 
School:  School of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2381 & LAWS2382, Corequisite: LAWS2311, Exclude: LAWS3021 & LAWS3057; Prerequisite: JURD7281 & JURD7282, Corequisite: JURD7211, Exclude: JURD7321 & JURD7357
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course considers a key aspect of Australian intellectual property law: the law of copyright, which primarily protects creative and entrepreneurial subject matter such as books, art, music and films. 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 intellectual property law related to copyright, such as designs law and circuit layout protection.

Please be aware that students who take LAWS3046 Intellectual Property 1 and/or LAWS3248 Intellectual Property 2 will not be able to take LAWS2021 Foundations of Intellectual Property Law and/or LAWS3057 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.

Recommended Prior Knowledge

Completion of LAWS2381 Property, Equity and Trusts 1 and LAWS2382 Property and Equity 2

Course Objectives

  • Demonstrate an understanding of the fundamentals of Australian copyright law
  • Locate and understand relevant statutory provisions and cases
  • 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 copyright disputes
  • Note the economic realities that lead to particular outcomes

Main Topics

  • Introduction to IP
  • Introduction to copyright: history and Justifications
  • Copyright subject matter
  • Requirements for subsistence
  • Ownership
  • Exploitation
  • Infringement
  • Defences and Remedies
  • Moral Rights
  • Emerging issues in copyright law
  • Designs
  • Circuit Layouts

Assessment

Research Essay (3,000 words) - 50%

Problem Question (3,000 words) - 50%

Course Texts

Prescribed casebook

J. McKeough, K. Bowrey & P. Griffith, Intellectual Property Commentary and Materials (4th ed) (Sydney, LexisNexis Butterworths, 2007).

Recommended textbook
J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia (3rd ed) (Sydney, LexisNexis Butterworths, 2004)
OR
M. Davison, A. Monotti and L. Wiseman, Australian Intellectual Property Law (Melbourne: Cambridge University Press, 2008)

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.

URL for this page:

© 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.