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LAW3406 Intellectual Property Law

Semester 2, 2013 External Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 19 April 2014

Contents on this page

Staffing

Examiner: Jaskirat Gill
Moderator: Caroline Hart

Requisites

Pre-requisite: LAW3204 or LAW5704

Rationale

Intellectual property pervades our lives. It is found in such a wide range of products and services we encounter that we are literally surrounded by it. These products and services have stemmed from innovative activities aimed at transforming ideas and knowledge into competitive advantage. Innovation is integral to the competitiveness of organisations and nations and intellectual property is crucial to the promotion of innovation.

If people and organisations are to successfully engage in today's global, knowledge-based economy, an understanding of the various intellectual property regimes and ensuring that intellectual property rights are secured and protected is of fundamental importance in the development and marketing of new products and services.

Synopsis

This course aims to give students a good working knowledge and understanding of intellectual property law by providing an overview of the key areas of intellectual property law and examining the fundamental principles relating to copyright, trade marks, designs, patents, plant breeders' rights, circuit layouts and confidential information. Students will also gain an insight into the interaction of intellectual property with competition and consumer laws and the international framework of intellectual property law.

This course is generally taken in later years of the law degree and assumes that students have already developed certain basic skills such as research, analysis, reflection, critical thinking and problem-solving.

Objectives

On successful completion of this course, students should be able to:

  1. demonstrate knowledge and understanding of the fundamental principles of intellectual property law, including legal and practical requirements
  2. evaluate intellectual property issues and identify and apply the relevant legal principles to the facts of intellectual property problems
  3. understand the various mechanisms used in managing and exploiting intellectual property rights, including licensing and assignment
  4. embrace evolving intellectual property developments in a global environment for life-long learning from a variety of sources and experiences
  5. communicate effectively in both written and oral form.

Topics

Description Weighting(%)
1. Introduction to intellectual property 7.00
2. Copyright and neighbouring rights 30.00
3. Designs 7.00
4. The protection of business reputation 7.00
5. Trade marks 15.00
6. Confidential information 7.00
7. Patents 20.00
8. Plant breeder's rights and circuit layouts 7.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=02&subject1=LAW3406)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • Davison, M, Monotti, A & Wiseman, L 2012, Australian intellectual property law, 2nd edn, Cambridge University Press, Cambridge, UK.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • McKeough, J, Bowrey, K & Griffith, P 2007, Intellectual property: commentary and materials, 4th edn, LawBook Co, Pyrmont, New South Wales.
  • Ricketson, S, Richardson, M & Davison, M 2013, Intellectual property: cases, materials and commentary, 5th edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Stewart, A, Griffith, P & Bannister, J 2010, Intellectual property in Australia, 4th edn, LexisNexis Butterworths, Sydney, New South Wales.
  • van Caenegem, V 2009, Intellectual and industrial property in Australia, LexisNexis Butterworths, Chatswood, New South Wales.
  • International Treaties and Conventions: These can be accessed from online websites.
  • Legislation: Copyright Act 1968 (Cth), Circuit Layouts Act 1989 (Cth), Patents Act 1990 (Cth), Plant Breeder's Rights Act 1994 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Resale Royalty Right for Visual Artists Act 2009 (Cth), Competition and Consumer Act 2010 (Cth).
  • LexisNexis Butterworths, Intellectual Property Collection 2012-13, LexisNexis Butterworths, Chatswood, New South Wales.

Student workload requirements

Activity Hours
Assessments 40.00
Directed Study 74.00
Private Study 51.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 1 - PROBLEM 10 10 05 Aug 2013 (see note 1)
ASSIGNMENT 2 - ESSAY 30 30 13 Sep 2013 (see note 2)
2-HOUR EXAMINATION 60 60 End S2 (see note 3)

NOTES
  1. Tutorial-type problem questions.
  2. 2,000 - 2,500 words - topics to be advised.
  3. The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

Important assessment information

  1. Attendance requirements:
    If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws or Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

Other requirements

  1. Computer, e-mail and Internet access:
    Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.