Foundations of Intellectual Property Law - LAWS3021
Faculty: Faculty of Law
School: Faculty 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:
Pre-requisite: Equity & Trusts (LAWS2385/JURD7285) OR Property & Equity 1 (LAWS2381/JURD7281). Co-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (LAWS2311/JURD7211).
Equivalent: LAWS3046
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
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.
This course is a pre-requisite for LAWS3057 Advanced Intellectual Property Policy and Practice, which is next scheduled to run in Semester 1, 2012.
Enrolment Requirements
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
Exclusions
LAWS3248 Intellectual Property 2
Course Objectives
- Develop skills in understanding the complexities of intellectual property law.
- Critique major doctrinal, theoretical and policy arguments relating to the various categories of intellectual property.
- Foster debate about the adequacy of the current state of intellectual property law.
- Canvass ways in which the law might be improved.
- Effectively identify the kind and type of intellectual property 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 intellectual property disputes.
- Note the commercial conditions that lead to particular outcomes.
Main Topics
- Copyright
- Confidential information
- s.18 of Sch.2 Australian Consumer Law (Competition and Consumer Act 2010, formerly s.52 Trade Practices Act 1974)
- Passing off
- Trade marks
- Designs
- Patents
Assessment
Group A
These assessment tasks test your knowledge from the first part of the course. It is compulsory to choose an option from this group.
Each task is worth 40% if counting CP or 50% if not counting CP, but only one task from Group A may be counted towards your final result.
- Problem Question 1 - 2, 500 words - question distributed during course, electronic submission of answer due Friday 4 January 2013
and/or
- Class test 1 – 60 mins - Monday 3 December 2012.
Group B
These assessment tasks test your knowledge from the second part of the course. It is compulsory to choose an option from this group.
Each task is worth 40% if counting CP or 50% if not counting CP, but only one task from Group B may be counted towards your final result.
- Problem Question 2 - 2, 500 words – question distributed during course, electronic submission of answer due Friday 4 January 2013
and/or
- Class test 2 – 60 mins – Tuesday 4 December 2012
and/or
- Research essay; 3,000 words on a question chosen by the student and approved by the lecturer; suitable to count towards Honours – electronic submission due Friday 4 January 2013.
Group C
Class participation (‘CP’) is worth 20% and it is optional and maximizable. It will comprise an attendance component and a component assessing your contribution in class.
Course Texts
Resources