Units
General Introduction To Intellectual Property Law
Unit code: LWN401
Contact hours:
Credit points: 12
Information about fees and unit costs
Intellectual property law is of fundamental significance to the knowledge economy. It provides the legal framework for managing the creation, transfer and commercial transactions in intangible works. It has become a vital component of legal practice, but also has importance in the development of policy and practices internationally. This unit provides an overview of the key areas of intellectual property law, in order to demonstrate the scope of the law, and some of the key issues affecting the operation of the law in today’s society.
Availability
| Semester | Available |
|---|---|
| 2013 Semester 1 | Yes |
Sample subject outline - Semester 1 2013
Note: Subject outlines often change before the semester begins. Below is a sample outline.
Rationale
Intellectual property law is of fundamental significance to the knowledge economy. It provides the legal framework for managing the creation, transfer and commercial transactions in intangible works. It has become a vital component of legal practice, but also has importance in the development of policy and practices internationally. This unit provides an overview of the key areas of intellectual property law, in order to demonstrate the scope of the law, and some of the key issues affecting the operation of the law in today's society.
Aims
The aim of this unit is to introduce the principles of intellectual property law through a study of the concepts of intellectual property and the principles and policies of intellectual property law; in particular copyright, industrial designs, trade marks, patents, plant breeder's rights, traditional knowledge, and protection of business reputation including passing off and breach of confidence.
Objectives
On completion of this unit, you should be able to:
(i) apply knowledge and understanding of the relevant rules, policies, concepts and objectives of intellectual property law;
(ii) demonstrate knowledge of the international treaties that operate in this area of law;
(iii) debate issues relating to ethics in intellectual property law;
(iv) critically assess the relative merits of different areas of intellectual property law; and
(v) articulate current issues of Intellectual property law using advanced written communication skills.
Content
The topics that will be considered include:
1. Introduction and overview of Intellectual Property Law (Patents, Trade Marks, Designs, Copyright and related rights, Confidential Information, Plant Variety Protection, Geographical Indications, Traditional Knowledge)
2. IP in action and the role of IP registering authorities
3. Sources and Main Principles of International Intellectual Property Law: The Paris Convention and the TRIPS Agreement
4 The Role of International and Regional Organizations in the Shaping of Intellectual Property Rights: WIPO, WTO and the European Union
5. Intellectual Property Rights and Economic Development
6. Intellectual Property in the Global Economy
7. Passing off
8. Breach of confidence
9. Asia-Pacific perspective on Intellectual Property protection.
Approaches to Teaching and Learning
An interactive approach to teaching and learning maximises the sharing of knowledge and diverse experiences that our student cohort brings to the unit of study. Activity-based workshops, where issues and principles of IP law are applied, interpreted, debated and critically assessed using case scenarios will underpin our approach. This unit will be taught in intensive mode of workshops, seminars and lectures made up of 26 hours covered over five consecutive weekdays. Attendance is compulsory. You will be provided with a Study Guide in advance containing extensive notes, references to case law and legislative provisions. You are expected to have read the relevant material before coming to lectures and be prepared to participate in the class discussion.
Assessment
Formative Assessment
The interaction in the seminars and on-line will provide you with the formative feedback you need to guide and focus your preparation for examination and the major research paper. You will also be given feedback on your choice of topic by the unit coordinator at the same time as approval is given for your choice of topic. Face-to-face seminars will provide an opportunity through group discussions and questioning to deepen your understanding of key principles and to assess IP principles critically in a diverse social arena. This social debate format allows for personal reflection and peer support to develop and strengthen skills in expression of ideas and integrates independent and collaborative workplace skills.
Assessment name:
Class presentation
Description:
5 minute (maximum) presentation
The first assessment item comprises a presentation to the class is on a topic chosen by the student from an area covered in lectures.
Relates to objectives:
(i) - (v)
Weight:
15%
Internal or external:
Internal
Group or individual:
Individual
Due date:
Final day of Class
Assessment name:
Take-home online written exam
Description:
On-line examination to be completed within the set time lines
The written examination is a measure of your understanding of the basic principles of this unit.
The question is released on 9:00am Saturday morning between 2 and 4 weeks after teaching. The study guide will have exact dates.
Relates to objectives:
(i), (ii), (iv)
Weight:
35%
Internal or external:
Internal
Group or individual:
Individual
Due date:
3 days after release
Assessment name:
Research Paper
Description:
4,000 word research paper
The research paper is the major component of summative assessment. A choice of topics will be available for you but if you wish to choose your own topic, you will need to consult with the unit coordinator before commencing your research.
Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet (available electronically from 'Publications' found under 'Study' on the Faculty of Law homepage) and will be assessed in compliance with Section 10.2.
The School of Law has also produced its own citation guidelines. These guidelines can be accessed under 'Publications' as well and are recommended for all students undertaking postgraduate studies. Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
Relates to objectives:
(i), (iii) - (v)
Weight:
50%
Internal or external:
Internal
Group or individual:
Individual
Due date:
6 - 8 Wks aft Class
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
There is a Blackboard on-line site for this unit.
Recommended references
There is no set text for this unit. Below are listed a number of references that you may wish to use. These books are available
in the library:
Loose-leaf services
Useful websites
Australia
http://www.ipaustralia.gov.au/ - IP Australia
http://www.comlaw.gov.au - ComLaw - Australian Legislation On-Line
http://www.dcita.gov.au - Department of Communications, Information Technology and the Arts (Cth) ("DCITA")
http://www.law.gov.au/ip - Attorney-General's Department (Cth)
http://www.copyright.org.au/ - Australian Copyright Council ("ACC")
(A number of organisations representing copyright interests have websites as well, which can be accessed through ACC and DCITA.)
International
http://www.wipo.org/eng/main - World Intellectual Property Organisation ("WIPO")
http://www.wto.org - World Trade Organisation - Intellectual Property ("TRIPS")
Law reports
Intellectual property cases are often reported in the standard law reports. In addition,reference will be made to the following specialist report series:
IPR (Intellectual Property Reports) - this is an Australian series that contains Australian cases and important overseas decisions. It has been published by Butterworths since 1984.
AIPC (Australian Intellectual Property Cases) - this series contains cases reported in the CCH Australian Industrial and Intellectual Property Reporter.
FSR (Fleet Street Reports) - this is a UK specialist series which reports intellectual property cases.
RPC (Reports of Patent Cases) - this too is a UK specialist series that is not confined to patent decisions.
United Kingdom
United States
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: 16-Jan-2013
