Units
Intellectual Property Law
Unit code: LWB486
Contact hours: 3 per week.
Credit points: 12
Information about fees and unit costs
There have been significant developments in the field of intellectual property law in recent years and the area is undoubtedly one perceived by the practising profession as growing in importance. This unit will provide a foundation to those areas of intellectual property law that legal practitioners may encounter in their everyday practice. In so doing, it will provide an examination of each of the intellectual property regimes. The course will also consider some of the broader more general policy matters as they relate to the field of intellectual property law.
Availability
| Semester | Available |
|---|---|
| 2013 Summer-2 | Yes |
| 2013 Semester 1 | Yes |
Sample subject outline - Summer 2 2013
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
Being able to protect and exploit intellectual property is of fundamental importance to the knowledge economy and information society. Intellectual property law is the umbrella term that encompasses the legal rights and responsibilities of creators and users of intellectual property. Intellectual property law is based around the law of copyright and related rights, patents, trademarks, designs, and the law of breach of confidence. It also has to respond to international conventions and treaties that inform the development of Australian intellectual property law.
Having a broad understanding of these key areas of law provides a general overview of the main structure of intellectual property law as a basis for providing advice in practice. However, this area of law is in a continual state of flux, and is subject to continual policy changes and challenges to the law that arise from innovations in the field. Being able to engage in policy debates is a vital facet of understanding the law of intellectual property. This unit is offered as an elective in the law degree as part of the technology and intellectual property law group.
Aims
This unit aims to provide you with knowledge and understanding of the key areas of intellectual property law to be able to provide effective practical advice and to be able to adapt to emerging policy developments.
Objectives
On completion of this unit, you should be able to:
1. describe the key aspects of the operation of intellectual property law;
2. identify and apply the correct legal principles to resolve real world problems in intellectual property law;
4. effectively communicate in plain English solutions to real world problems and policy issues;
3. critically analyse and respond to the dynamic nature of intellectual property law and how it has developed in response to social, economic and political changes;
4. be a self-directed learner adaptable to novel and evolving intellectual property developments in order to be prepared for life-long learning.
Content
The key areas of intellectual property law and policy, and novel and current issues will be considered in this unit, and will include:
- Intellectual property law overview, concepts and policy
- International aspects of intellectual property law
- Breach of confidence
- Copyright law
- Moral Rights and Performer's Rights
- Patents and plant breeders rights
- Designs
- Trade marks and passing off.
We will consider the operation of intellectual property law by asking one key question: "Do intellectual property laws achieve their aim of encouraging creativity by providing an appropriate reward for creators without unreasonably limiting the public's access to information?"
Graduate Capabilities
Your understanding of the unit content and the further development of skills will assist you to acquire the following law graduate capabilities:
GC1. Discipline Knowledge;
GC2. Problem Solving, Reasoning and Research;
GC3. Effective Communication;
GC4. Life Long Learning;
GC5. Work Independently and Collaboratively; and
GC7. Characteristics of Self-Reliance and Leadership.
Approaches to Teaching and Learning
The learning and teaching approaches in this unit are structured to assist you develop and enhance independent learning skills. Key basic information will be provided through a large group 'lectorial' which you will expand upon through your own work through prescribed reading tasks. You will also look at some tutorial style questions from time-to-time during the lectorial, and will be encouraged to interact in discussions raised in the lectorial. See the unit's Blackboard site for the dates of the lectorials.
This unit has been developed on the basis that you will undertake it during the later stage of your course of study. You will be expected to bring the problem-solving abilities you have acquired over the course of your study to independently further develop your own problem-solving skills in this unit. You will be given a structure to help you work through problems yourselves, but you will not regularly undertake a 'tutorial' of the kind you may be used to, so you will need to work a little more on your own.
Assessment
Formative assessment is provided as follows:
- In lectorials, through comment and analysis by lecturers based on your individual and collective responses to questions and discussion topic, which provide you with feedback on how you are progressing, and how your work can be improved.
- Consultation with a member of the teaching team.
- Comments on your assignment.
Assessment name:
Assignment
Description:
You will complete an assignment on a topic to be advised. The topic will be chosen to allow you to demonstrate your understanding of one or more areas of intellectual property law. You may not have been lectured on the topic under consideration.
Word limit: 3000 words
Relates to objectives:
1-4
Weight:
40%
Internal or external:
Internal
Group or individual:
Individual
Due date:
Mon 4 Feb 2013
Assessment name:
Examination
Description:
There will be a compulsory end of semester exam. The exam will be of 2 hours duration with 30 minutes perusal time and it will be open book.
Relates to objectives:
1-4
Weight:
60%
Internal or external:
Internal
Group or individual:
Individual
Due date:
Central Exam Period
Academic Honesty
QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.
A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.
Resource materials
Prescribed Materials
M Davison, A Monotti and L Wiseman, Australian Intellectual Property Law (Cambridge: 2nd ed, 2012).
Recommended Reference Materials:
Legislation
Butterworths Intellectual Property Collection (current version) or
Copyright Act 1968 (Cth)
Trade Marks Act 1995 (Cth)
Patents Act 1990 (Cth)
Designs Act 2003 (Cth)
Other reference works
A Fitzgerald and D Eliades, Intellectual Property Nutshell (Thomson Lawbook Co, Sydney: 3rd ed, 2008).
B Fitzgerald, A Fitzgerald, E Clark, G Middleton and Y Lim, Internet and e-Commerce Law: Technology, Law and Policy (Thomson Lawbook Co, Sydney: 2011).
A Fitzgerald and B Fitzgerald, Intellectual Property: In Principle (Thomson Lawbook Co, Sydney: 2004).
Colin Bodkin, Patent Law in Australia (Lawbook Co, Sydney: 2007).
Price, Bodkin, Arnold and Adjei, Intellectual Property: Commentary & Materials (Thomson Reuters, Sydney: 5th ed, 2012).
Butterworths Intellectual Property Collection (LexisNexis Butterworths, Sydney).
Blackboard site
Online resources for this unit are available on the unit blackboard site.
Risk assessment statement
There are no out of the ordinary risks associated with this unit
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.
Last modified: 17-Sep-2012
