Units

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Sample subject outline - 5 Week Teaching Period - 7 2012

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

Rationale

It is of fundamental significance that the creation of new intellectual property and registration (where appropriate), leads to production of new products or services for introduction into the marketplace. This usually occurs through the process of commercialisation. This Unit investigates the key issues dealing with commercialisation of intellectual property in order to apply strategies that need to be put in place to transform the IP into new and useful products and services.

Aims

The aim of this Unit is to examine the principles of IP management and their application in the commercialisation of intellectual property. Through the study of concepts of Research and Development and the principles and policies of technology transfer, in particular licensing of IP, we will determine how to best deal with the IP, i.e., commercialise in-house or outsource, and what the best strategies are for achieving maximum IP commercialisation outcomes.

Objectives

On completion of this Unit, you should be able to:
(i) apply the relevant rules, policies, concepts and objectives of management of IP;
(ii) justify and defend best practice that operates in this area of law;
(iii) argue the issues relating to commercialisation of intellectual property;
(iv) critically assess the relative merits of different ways of transforming IP into new products and services;
(v) demonstrate advanced written and oral communication skills.

Content

The topics that will be considered include:
1. IP and Technology Transfer - from Research to Commercialisation
2. Material Transfer Agreements
3. Joint ownership of IP and its implications
4. Licensing and strategic alliances
5. Terms of an IP Licence
6. Start up companies and venture capital investment transactions
7. Outsourcing by biotech companies
8. Negotiations strategies of better IP commercialisation outcomes
9. Arbitration and Alternative Dispute Settlement Mechanisms
10. Asia-Pacific countries' perspective on IP Management

Approaches to Teaching and Learning

This Unit will be delivered 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.

We will employ a combination of methods to explore the issues that that emerge when intellectual property is transformed into useful goods and services, mainly through the commercialisation process.

Assessment

You will be questioned during the class interactions about your understanding of key principles and your ability to assess such principles in a thoughtful manner. Responses to these questions will provide you with immediate feedback on your progress and allow the lecturer to suggest ways in which learning can be improved and focused. The discussions in the seminars will also provide you with the formative feedback you need to guide and focus your preparation for the major research paper. You will also be given feedback on your choice of topic by the lecturer at the same time as approval is given for your topic.

Assessment name: Discussion Forum
Description: 5 minute (maximum) presentation together with a one page answer to an allocated tutorial question
Relates to objectives: (i) - (v)
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: During Block

Assessment name: Written Examination
Description: Online submission of answers (not exceeding 1200 words to be submitted electronically within 24 hours of the release of question/s). The written examination is a measure of your understanding of the basic principles of this Unit.
Relates to objectives: (i), (ii), (iv)
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: 4 weeks after Block

Assessment name: Research Paper
Description: 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
and will be assessed in compliance with Section 10.2. Criterion referenced assessment will be used. 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 weeks 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

Recommended references (These books are available in the Law Library)
There is a Blackboard on-line site for this Unit.
There is no set text for this Unit. Below are listed a number of references that you may wish to study:
- J McKeough, A Stewart and P Griffith, Intellectual Property in Australia, 3rd ed, LexisNexis Butterworths, 2004
- P. McGinness, Intellectual Property Commercialisation, LexisNexis Butterworths, 2003
- M. Calvert, Technology Contracts, Butterworths 2nd edition 2002.

Loose-leaf services
-J Lahore, Patents, Trade Marks and Related Rights, Butterworths, 1996 and Copyright and Designs, 1996
-CCH, Australian Industrial and Intellectual Property Reporter (2 volumes)

Useful websites
Australia
http://www.ipaustralia.gov.au/ - IP Australia
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.

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: 15-May-2012