Units

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Sample subject outline - 6 Week Teaching Period - 4 2013

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

Rationale

This Unit comprises two discrete branches of intellectual property law, viz., industrial designs law and the law relating to protection of new plant varieties. However, the section relating to industrial designs will be the major focus whereas plant varieties protection law will be covered at an introductory level.

Industrial designs are everywhere around us. They cover every industrial sector, ranging from textiles to furniture, packaging to jewellery, household goods to toys. This Unit explores issues concerning the protection and exploitation of industrial designs facing lawyers today.

New plant varieties are of fundamental significance for production of sufficient and high quality food in the agricultural and horticultural fields. Sustainable agriculture and food security are dependent on provision of adequate legal protection of plant breeder's rights.

Aims

This Unit will allow you to develop practical knowledge of the two areas of intellectual property by examining the legal protection provided to industrial designs and new plant varieties under both national and international legislation. It will explain the increasing economical importance of industrial designs and will investigate the various national and international principles of law required for obtaining, maintaining, managing and exploiting industrial designs, as well as enforcing their protection.

Objectives

On completion of this Unit, you should be able to:

(i)apply the different national and international principles of law for obtaining protection of industrial designs, maintaining, managing and exploiting industrial designs;

(ii)apply the different national and international principles of law relating to infringement proceedings and enforcement of industrial designs;

(iii)Demonstrate advanced written and research skills through critical analysis of designs and plant breeder's rights issues.

Content

The topics to be covered will include:
1. Definition and Economics of Designs;
2. Drafting and Filing a Design Application - Registration Procedure; Term of protection
3. Substantive Requirements for Protection;
4.Regional and International Protection systems - European Community Design system; OAPI Design system; the Hague Agreement Concerning the International Registration of Industrial Designs;
5. Overlap between copyright and design protection
6. Filing Strategies for Industrial Designs: A Case Study
7. Assignments and Licences
8. Infringement of designs and remedies
9. Asia-Pacific perspective on design protection
10. Plant Variety Protection and the UPOV System
11. International Treaty for Plant Genetic Resources relating to Food and Agriculture
12. Asia-Pacific perspective on protection of industrial designs and new plant

Approaches to Teaching and Learning

This Unit will be taught in intensive mode of workshops, seminars and lectures made up of 26 hours spread over 5 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 class and be prepared to participate in the class discussion.

We will focus on the national and international principles applicable here using action learning approaches to examine real world examples.

Assessment

Assessment in this unit is both formative and summative.You will be questioned in and outside class sessions about your understanding of key principles and your ability to assess such principles in a critical manner. During the teaching sessions, 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 these 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 will also provide guidance 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 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 - topics to be finalised within one week at the end of lectures in the relevant Unit.
Topics will be selected in consultation with the Unit Coordinator. The paper is the culmination of your work in this Unit, and through it, will demonstrate your ability to conduct research at an advanced level. The research paper will require you to analyse critically a contemporary issue concerning intellectual property law for industrial designs. Feedback for your research paper will be provided to assist you in reaching the expectations required at postgraduate level. You should obtain approval on your choice of topic by the end of the lectures. 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
http://cms.qut.edu.au/__data/assets/pdf_file/0005/26573/PUB_SL_PGStudentInformationBooklet2012_Final_20120213.pdf and will be assessed in compliance with Section 10.2. Criterion referenced assessment will be used as examples of criterion marking sheets can be found in the Postgraduate Student Information Booklet.
The School of Law has produced its own citation guidelines. These may be accessed at http://www.citewrite.qut.edu.au/QUT-Legal-Reference-Style-Guide.pdf. These guidelines are recommended for all students undertaking postgraduate studies.
Relates to objectives: (i), (iii), (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 no set textbook. You will be referred to cases, articles and academic literature in relation to the topics, which will be available online from the research centre at WIPO, and referred to other online resources. There is a Blackboard on-line site for this Unit.

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