Units

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Sample subject outline - 5 Week Teaching Period - 6 2013

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

Rationale

Intellectual property rights are being continuously reshaped to adapt to dramatic changes and are facing unprecedented challenges. In the knowledge and information technology age where knowledge and IP-based assets have become key factors in global competition and economic growth, intellectual property law has become a crucial crossover for several economical, scientific and political decisions and the awareness of the ethical implications connected to Intellectual Property law is constantly growing.

Aims

The Unit aims to provide an understanding of the relationship between intellectual property and competition laws and will include a critical analysis of topical issues that are challenging the limits of intellectual property regime.

Objectives

On completion of this Unit, you should be able to:
(i) apply the different national and international principles of law relating to emerging issues connected to intellectual property rights;
(ii) investigate the contextual issues underlying IP Law particularly in relation to competing demands of exploitation versus access to and use of information;
(iii) critically analyse, synthesise and evaluate complex legal issues in the context of IP Law;
(iv) demonstrate professional oral and writing skills to communicate your conclusions

Content

The topics to be covered will include:
1. Protection of Traditional Knowledge and Expressions of Indigenous Culture;
2. Intellectual property and the international legal regimes of access to genetic resources - the Convention on Biological Diversity
3. WIPO's Development Agenda and the emerging issue of enforcement of intellectual property rights in developing countries;
4. Intellectual Property Rights and Public Health Issues
5. Policy goals of IP and competition law. US, EC Treaty and Australian approaches to the accommodation of intellectual property rights to competition law
6. Refusal to license intellectual property rights and inter-operability
7. Standard setting, compatibility and suits for infringement
8. Restrictions in licences; bundling and tying
9. Digital Rights Management and anti-circumvention laws
10. Recent developments in the Asia-Pacific countries

Approaches to Teaching and Learning

This Unit will be taught in intensive mode of workshops, seminars and lectures made up of 26 hours taught 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.

In addition to legal analysis of the important issues, there would be group work and team presentations on contemporary issues, e.g., WIPO developmental agenda, protection of traditional knowledge under a sui generis regime.

Assessment

You will be questioned in and outside class sessions about your understanding of key principles and your ability to assess such principles in a thoughtful manner. During lectures, you will be asked to explain your understanding of the key principles as well as your preliminary thoughts on the research paper topic. 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.

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) and (iv)
Weight: 35%
Internal or external: Internal
Group or individual: Individual
Due date: 3 days after release

Assessment name: Research Paper
Description: Not exceeding 4,000 words research paper - topics to be finalised within one week at the end of lectures in the relevant Unit.
The research paper will require you to analyse thoughtfully a contemporary issue concerning either traditional knowledge or competition law. It is expected that the research paper topic will be approved in principle by the Unit Coordinator by the end of the intensive. 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. Feedback for your research paper will be provided to assist you in reaching the expectations required at postgraduate level. 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) 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 no set text for this unit.
Reading assignments will be distributed before the intensive sessions. You will be directed to Internet resource materials and where necessary supplementary materials will be handed out. 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: 05-Apr-2013