Units

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Sample subject outline - 6 Week Teaching Period - 2 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

In the modern world, commercial entities are increasingly faced with issues concerning the exploitation of and access to innovative products relating to information technology and biotechnology. This specialised area is of growing
importance to government, industry and society, more generally. This unit apprises students of the workings of the patent system in a fast-changing, dynamic global environment in the light of current economic, political and strategic innovations.

Aims

The unit aims to overview the role of patent law in providing an avenue for the creative activities in diverse fields of industry including the burgeoning field of biotechnology and information technology.

Objectives

On completion of this unit, you should be able to:
(i) apply knowledge of the contextual issues underlying patent law and commercialisation strategies in the areas of biotechnology and information technology, particularly the competing demands of exploitation versus access to and the use of information;
(ii) critically analyse recent international developments, domestic and comparative case law and statutory reform relating to patent law;
(iii) critically analyse emerging patent law and commercialisation issues in the areas of biotechnology and information technology and communicate strategies for dealing with these complex legal issues;
(iv) negotiate a technology transfer agreement and communicate the outcome in a formal manner;
(v) synthesise and evaluate complex legal issues in the context of patent law and commercialisation strategies in the areas of biotechnology and information technology and to communicate conclusions in a succinct and persuasive manner.

Content

The topics that will be considered include:
1. History, Philosophy and Economics of Patents Law; Patentable Subject Matter;
2. Ownership of a Patent (First to File versus First to Invent; Inventions made in the course of Employment; Joint Inventors)
3. Patent Registration procedures at the National level (Australia and US as examples)
4. Substantive Conditions of Patentability; Publication and Registration of Patents, Surrender, Revocation and Invalidity of Patents; Term of Protection
5. Scope of the Exclusive Rights and Exceptions to the Exclusive Rights (Exhaustion and Parallel Imports in Australian, US and EU Law; TRIPS and the Exemptions to Patent Rights)
6. Preparing and Prosecuting a patent Application at the Regional and International Level: The European Patent Convention and the Patent Cooperation Treaty
7. Infringement and Enforcement of Patents: National and International issues
8. The Case of Biotechnological Patents
9. Commercialisation of Technology: Intellectual Property Management and Fundamentals of Technology Agreements
10. Innovation Patents, Utility Models, Trade Secrets
11. International Conventions relating to Patents
12. Asia-Pacific perspective on Patents and Biotechnological inventions.

Approaches to Teaching and Learning

This unit will be taught in an 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 Learning 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.

Using an interactive workshop format, this unit will require students to engage in the preparation for and negotiation of a technology transfer agreement designed to facilitate the commercialisation of intellectual property working within teams. The unit coordinator along with specialist presenters will lead each session. The sessions are intended to provide an interactive forum for overview, analysis, evaluation and discussion of current issues in patent law and commercialisation.

Assessment

Formative Assessment
During lectures, you will be asked to explain your interest in and knowledge of key principles as well as your preliminary thoughts on the research paper. Responses to questions will provide you with immediate feedback on your progress and allow the unit coordinator to suggest ways in which learning can be improved and focused. The unit coordinator also will provide feedback on your choice of research topic at the time the topic is approved.

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 Block

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 questions 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) and (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 will require you to analyse critically a contemporary issue concerning patent law and commercialisation. You should obtain approval on your choice of topic by the end of the teaching sessions.
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), (iv) and (v)
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: 6- 8 Wks after Block

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.
Prescribed Reading
These books are available in the Law Library
A Fitzgerald and B Fitzgerald, Intellectual Property in Principle (2004) LBC/Thomson, Sydney:
Chapter 1 - Overview of Intellectual Property and Chapter 8 - Patents
B. Fitzgerald, A. Fitzgerald, G. Middleton, Y. F. Lim and T. Beale, Internet and E-Commerce Law, Thomson, Sydney, 2011: Chapter 5 - Patents
http://www.austlii.edu.au/au/legis/cth/consol_act/pa1990109/
Recommended Reading
These books are available in the Law Library
J.C. Lahore, et al, Patents, Trade Marks and Related Rights (1996) Butterworths, Sydney
S Ricketson and M Richardson, Intellectual Property, Cases Materials and Commentary, 4th ed, LexisNexis Butterworths, Sydney, 2009
S Ricketson,The Law of Intellectual Property: Copyright, Designs and Confidential Information, LBC (Loose-leaf Service)
Australian Law Reform Commission (ALRC), Genes and Ingenuity: Gene Patenting and Human Health, Report 99 (2004)
http://www.austlii.edu.au/au/other/alrc/publications/reports/99/index.html
M. Calvert & I. Reid, Technology Contracts (2002) LexisNexis Butterworths
N. Byrne and A McBratney, Licensing Technology - Drafting and Negotiating Agreements 3rd ed (2005) Jordan Publishing Ltd
LW Melville, Forms and Agreements on Intellectual Property and International Licensing (3 Volumes) 3rd ed, West, Sweet & Maxwell

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