Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Julie Zetler
Contact via 9850 ext7994
Room 528 Building E4A
Monday 9-11am or by appointment
Tutor
Robin Woellner
Contact via Above
E4A 104
TBA
Tutor
Vera Babicheva
Contact via as above
E4A 104
TBA
Tutor
Christine Sinclair
Contact via as above
E4A 104
TBA
Tutor
John Garrick
Contact via as above
E4A 104
TBA
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
39cp
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit examines the law relating to marketing and media issues with a focus on the regulation of advertising and promotional activities. The law relating to defamation and the potential defences available to journalists and information providers is analysed. The laws governing copyright, designs, trademarks and patents are considered with close reference to the case law and legislation. Competition law is examined in some detail and includes the law relating to exclusive dealings and misuse of market power. Finally, the consumer protection provisions in the trade practices legislation are analysed in the context of modern marketing practice.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Important:
It is the responsibility of students to view their marks for each within session assessment on iLearn within 20 working days of posting. If there are any discrepencies, students must contact the unit convenor immediately. Failure to do so will mean that queries received after the release of final results regarding assessment marks (not including the final exam mark) will not be addressed.
Name | Weighting | Due |
---|---|---|
Quiz | 15% | week 5 (1 September) |
Reflective Journal | 45% | 7 October/3 November |
Final Examination | 40% | University Examination Period |
Due: week 5 (1 September)
Weighting: 15%
The quiz is held in tutorial time and consists of multichoice/short answer and will be held in week 5 (beginning 1 September). It is worth 15 marks. No extentions will be granted. Students who have not sat a designated tutorial quiz will be awarded a mark of 0 for the task, except for cases in which an application for special consideration is made and approved.
Due: 7 October/3 November
Weighting: 45%
The Reflective Journal is comprised of Part A and Part B components. Part A includes a written case study worth 20 marks and a short written media critique worth 10 marks for a combined total of 30 marks. Part A will be submitted on 7 October. Part B consists of the reflection part of the journal (witten and verbal). It consists of class participation and class attendance activities and is worth 15 marks. Part B is submitted 3 November. The total of the combined Reflective Journal (Part A and Part B) is 45 marks. No extensions will be granted for the due dates set down for Reflective Journal submission dates. Late tasks will be accepted up to 48 hours after the submission deadline. There will be a deduction of 20% of the total avaialble marks made from the awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission - 40% penalty). This penalty does not apply to cases in which an application for special consideration is made and approved.
Due: University Examination Period
Weighting: 40%
Closed book examination. A three hour final examination for this unit will be held during the University Examination period. The University Examination period in the Second Half Year 2014 is from Novemeber 17 - to December 5.
A final examination is included as an assessment task for this unit to provide assurance that:
(i) the product belongs to the student, and
(ii) the student has attained the knowledge and skills tested in the exam.
Consultation with staff:
Prizes: None
Prescribed text:
Clarke B and Sweeney B, Marketing and the Law, 4th ed, LexisNexis Butterworths, 2011, ISBN 9780409327434
Clarke B and Sweeney B, Marketing and the Law a required text and can be purchased from the University Co-op Bookshop.
This text book is available in the library.
References:
Gibson, A. and Fraser, D., Business Law, (5th ed, 2011, Pearson Australia).
Pentony, B., Graw, S., Lennard, J and Parker, D. Understanding Business Law, (5th ed, 2011 LexisNexis Butterworths).
Corones S G, The Australian Consumer Law (2011, Lawbook Co)
Bowrey K, Handler M, Nicol D, Australian Intellectual Property (2010, Oxford University Press)
Bowrey K, Handler M, Nicol D, Emerging Challenges in Intellectual Property (2011, Oxford University Press).
Butler D, Roderick S, Australian Media Law (3rd ed, 2007, Thomas Reuter)
Griggs L, Clark E, Iredale I (eds) Managers and the Law (5th ed, 2011, Pearson Australia)
Rimmer M, Digital Copyright and the Consumer Revolution (2007, Edward Elgar Publications)
Internet:
1. Australasian Legal Information Institute at http://www.austlii.edu.au
2. Australian Competition & Consumer Commission (ACCC) http://www.accc.gov.au
3. Consumers’ Online Directory http://www.dist.gov.au/consumer/policy/index.html
4. Copyright Society: http://www.copyright.org.au
5. IP Australia www.ipaustralia.gov.au (Responsible for granting rights in patents, trademarks and desgin in Australia).
Students are required to learn how to use power point, word processing and iLearn.
Unit Web Page
Course material is available on the learning management system (iLearn)
The web page for this unit can be found at: http://ilearn.mq.edu/login/MQ/
iLearn:
Session |
Lecture Topic |
Required Readings & Tutorial Questions |
1 | Introduction: Legal Framework, Regulatory Bodies and Compliance in Marketing Law. Intellectual Property Law and Marketing, International Considertions | Chapters 1, Clarke & Sweeney No Tutorials |
2 |
Protecting Inventive Ideas through the Patent System
Tutorial groups start (see iLearn for tutorial questions)
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Chapter 2, Clarke & Sweeney. Tutorial Chapter 1 questions 1,2,3 |
3 |
Protecting Commercial Secrets-obligation of confidence and protection and protection of trade secrets Protecting Commercial Designs |
Chapter 3 & 5, Clarke & Sweeney. Tutorial Chapter 2 questions 1,2,3,4 |
4 | Protecting Copyright Material |
Chapter 4, Clarke & Sweeney Tutorial Chapter 3 & 5 questions (Chapter 3 questions 1,3 - Chapter 5 questions 4,5) |
5 | Protection of Tort of Passing Off and Unfair Trading Laws (Quiz) |
Chapter 6, Clarke & Sweeney Quiz - Tutorial Chapter 4 questions 1,2,4 |
6 | Protection of Trademarks and Franchising |
Chapter 7 & 18, Clarke & Sweeney Tutorial Chapter 6 questions 1,2,4. |
7 | Product Liability, Advertising, Product Packaging and Labelling and Selling Technique |
Chapter 8, 9, 10 & 11 Tutorial Chapters 7 & 18 (Chapter 7 questions 2,3,4,5 - Chapter 18 questions 3,5) |
Mid Semester Break | ||
8 | Public Holiday - no lecture/tutorials (submit Part A Reflective Journal) |
No Tutorials |
9 | e-Marketing & e-Commerce |
Chapter 19, Clarke & Sweeney Tutorial Chapters 8,9,10,11 (Chapter 8 question 1 - Chapter 9 question 4 - Chapter 10 question 2 - Chapter 11 question 2) |
10 | Introduction to Competition Law Misuse of Market Power |
Chapter 12 & 14, Clarke & Sweeney Tutorial Chapter 19 questions 1,2,3,4,5 |
11 | Collusive Conduct and Defamation Law |
Chapter 13, Clarke & Sweeney, notes on Defamation Law available on iLearn Tutorial Chapters 12,14 (Chapter 12 questions 2,4 - Chapter 14 questions 2,5) |
12 | Resale Price Maintenance, Exclusive Dealing (submit Part B Reflective Journal) |
Chapter 16 & 17, Clarke & Sweeney Tutorial Chapter 13 questions 1,3 (Defamation Law questions available on iLearn) |
13 |
Review and revision for final examination Student generated revision questions |
Review and revision |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:
Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy at http://www.mq.edu.au/policy/docs/academic_honesty/policy.html
Macquarie University uses the following grades in coursework units of study:
Grade descriptors and other information concerning grading are contained in the Macquarie University Grading Policy which is available at:
http://www.mq.edu.au/policy/docs/grading/policy.html
Students are required to obtain 50% in order to pass this course
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your final exam script please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid grounds for appeal before appealing your grade.
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Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
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We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
This graduate capability is supported by:
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
This unit uses research by:
This unit uses research from the following journals: