Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Niloufer Selvadurai
Contact via niloufer.selvadurai@mq.edu.au
Tutor
Andrew Morell
Tutor
Nikos Koutras
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including MAS214) or (39cp including BUSL250 and BUSL301)
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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 explores the various forms of intellectual property protected under statutory regimes and general law. The unit identifies and evaluates existing regimes of copyright, patents, plant breeders' rights, designs and trade mark, as well as the law of passing off and relevant aspects of unfair trading laws. The unit analyses the subject matter protected, conditions of such protection and what constitutes infringement for each head of protection. Students are taught to identify and explain the interrelationship and overlaps between different intellectual property regimes. Students learn how to apply intellectual property principles and policy in practical scenarios.
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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:
Name | Weighting | Due |
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Participation | 20% | Weeks 1-12 of semester |
Case or legislation analysis | 20% | Friday, Week 7, 5pm |
Final Assessment | 60% | Monday, Week 13, 5pm |
Due: Weeks 1-12 of semester
Weighting: 20%
Students are expected to complete the required reading and actively discuss the questions outlined in the Tutorial Questions in the weekly tutorial (see iLearn under each week). All students are encouraged to actively participate in each week's discussion. Participation will be assessed at all tutorials. External students are required to attend all of both days of the On-Campus Session ("OCS"). Students are required to demonstrate competence in participating in oral discussion in an academic environment. This involves thoughtfully responding to the issues raised and where appropriate, asking relevant questions.
Due: Friday, Week 7, 5pm
Weighting: 20%
You may choose to do either Question 1 or Question 2:
Question 1 – Case analysis
Write an essay analysing a recent Australian case (handed down after 2008) that addresses any aspect of intellectual property law.
· The selection of the case will depend on your area of interest.
· Focus on the issues in the case that relate to intellectual property law.
· The analysis should include the background to the case, the significance of the case, and the likely effect of the case.
· Assessment will be based on the quality of your analysis of case as well as the clarity of your discussion of the descriptive component of the case.
· Please use heading and sub-headings to structure your analysis.
or
Question 2 - Legislation Analysis
Write an essay analysing a recent Australian statute (enacted after 2008) that addresses any aspect of intellectual property law.
· Selection of the statute will depend on your area of interest. You may, for example, consider the application and effect of a recent statute designed to govern activities involving an aspect of intellectual property law.
· The analysis should include the background to the enactment of the statute, the reason for its enactment, the significance of the legislation, and the likely effect of the legislation.
· Assessment will be based on the quality of your analysis of the legislation as well as the clarity of your discussion of the descriptive component of the legislation.
· Please use heading and sub-headings to structure your analysis.
Word limit = 1,500 words, not including footnotes. Footnotes need to be confined to citations.
Due: Monday, Week 13, 5pm
Weighting: 60%
The Assessment consists of three questions covering all material covered in the unit. Each question is worth 20%. The assessment will consist of one problem solving question and two essay questions. There will be a word limit of 1,200 words per question (Total of 3,600 words).
All materials necessary to complete this unit are cited on the LAW 473 i-Learn site. The tutorial readings can be accessed via e-reserve. The textbook will need to be purchased from the co-op.
REQUIRED AND RECOMMENDED RESOURCES
Prescribed textbook
Tutorial reading
Recommended journals
Accessing full text of cases and legislation
Legislation:
All Commonwealth and State statutes and regulations can be found at http://www.austlii.edu.au. (Ensure reference is made, wherever possible, to consolidated legislation.)
Case Law:
For reported case law, use the Macquarie University library databases to access the:
Lawbookonline database (e.g. CLR, FCR, FLR, NSWLR);
Lexisnexis (Aus) database (e.g. ALR, IPR).
For unreported case law, use: http://www.austlii.edu.au.
(Ensure reference is made, wherever possible, to reported case law.)
Week of Semester |
Lecture |
Tutorial |
Required Reading |
Assessment |
1 |
Lecture 1 - Introduction
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Tutorial 1 |
Textbook - Chapter 1
Tutorial 1 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
2 |
Lecture 2 - Copyright I
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Tutorial 2
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Textbook - Chapters 5 & 6
Tutorial 2 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
3 |
Lecture 3 - Copyright II
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Tutorial 3 |
Textbook - Chapter 7
Tutorial 3 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
4 |
Lecture 4 - Copyright III and Confidential Information
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Tutorial 4 |
Textbook - Chapters 8, 9, 3 & 4
Tutorial 4 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
5 |
Lecture 5 - Designs I
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Tutorial 5 |
Textbook - Chapter 10
Tutorial 5 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
6 |
Lecture 6 - Designs II
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Tutorial 6 |
Textbook - Chapter 10
Tutorial 6 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
7 |
Lecture 7 - Trade Marks I |
Tutorial 7 |
Textbook - Chapter 19
Tutorial 7 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial Case or Legislation Analysis is due Friday of Week 7, 5pm |
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RECESS |
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8 |
Lecture 8 - Trade Marks II
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Tutorial 8
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Textbook - Chapter 20
Tutorial 8 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
9 |
Lecture 9 - Patents I
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Tutorial 9 |
Textbook - Chapter 11, 12
Tutorial 9 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
10 |
Lecture 10 - Patents II |
Tutorial 10 |
Textbook - Chapter 13
Tutorial 10 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
11 |
Lecture 11 - Protecting Business Reputation |
Tutorial 11 |
Textbook - Chapters 16, 17, 18
Tutorial 11 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial |
12 |
Lecture 12 - Remedies, Commercialisation of IP, and International Perspectives |
Tutorial 12 |
Textbook - Chapters 2, 21, 22
Tutorial 12 Reading (see e-reserve and i-Learn LAW 473)
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Participation in tutorial
TAKE-HOME EXAM AVAILABLE ON FRIDAY, 5PM |
13 |
TAKE-HOME EXAM DUE MONDAY BY 5PM |
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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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
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