Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Niloufer Selvadurai
Contact via niloufer.selvadurai@mq.edu.au
Lecturer and tutor
Andrew Morell
Tutor
Nikos Koutras
Lecturer
Chip Van Dyk
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
(24cp in LAW or LAWS units) 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:
Research Assignment and Final Assessment
In the absence of a successful application for special consideration due to a disruption of studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption of Studies must be made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption of Studies policy on the University website for complete details of the policy.
Please do not email your tutor or convenor to apply for an extension relating to the submission of your Research Assignment and/or Final Assessment, or to find out the outcome relating to an earlier application. All requests must be made via ask.mq.edu.au. All outcome notifications will also be provided via the online system.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically.
Plagiarism detection software is used in this unit. Detailed moderation of assessments is conducted through the double-marking of a proportion of papers, circulation of a sample of marked papers and discussion between the convenor and markers.
Participation
If you miss one week of tutorials - please see your tutor upon your return with relevant documentation. Please do not lodge an application via ask.mq.edu.au.
If you miss two consecutive weeks of tutorials or more - please do lodge an application as outlined for the Research Assignment and Final Assessment above.
Name | Weighting | Due |
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Participation | 20% | Weeks 1-12 of semester |
Research assignment | 40% | Friday, Week 7, 5pm |
Final Assessment | 40% | 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. A participation mark out of 5 will be provided to students in week 4 of semester. This mark will form an assessment of tutorial participation in the first three tutorials. A final mark out of 20 will be provided to students after the completion of the last tutorial. The mark out of 20 will incorporate the initial mark out of 5 covering the first three tutorials and encompass a further mark out of 15 for tutorials 4-12.
Due: Friday, Week 7, 5pm
Weighting: 40%
Should a new “fair use” exception be introduced into the Australian Copyright Law Act 1968 (Cth)? Discuss with close reference to the Copyright Law Act 1968 (Cth), relevant case law, literature and the reform discourse to date.
Word limit = 2,000 words, not including footnotes. Footnotes need to be confined to citations. Bibliography required.
Students will have seven weeks to complete the assignment as the assessment is due in week 7.Submission is via Turnitin on the LAWS 523 ilearn page.
Due: Monday, Week 13, 5pm
Weighting: 40%
The Assessment consists of two questions covering all material taught in the unit. Each question is worth 20%. There will be a word limit of 1,200 words per question (not including footnotes). Total of 2,400 words (not including footnotes). Bibliography required.
The assessment questions will be available via ilearn on Friday of Week 11 and the assessment will be due on the Monday of Week 13. Submission is via Turnitin on the LAWS 523 ilearn page.
All materials necessary to complete this unit are cited on the LAW 523 i-Learn site. The tutorial readings can be accessed via e-reserve. The textbook is available for purchase 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 LAWS523)
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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 LAWS523)
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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 LAWS523)
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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-LearnLAWS523 )
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Participation in tutorial. A participation mark out of 5 will be provided to students in week 4 of semester. This mark will form an assessment of tutorial participation in the first three tutorials . |
5 |
Lecture 5 - Designs I
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Tutorial 5 |
Textbook - Chapter 10
Tutorial 5 Reading (see e-reserve and i-Learn LAWS523)
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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 LAWS523)
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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 LAWS523)
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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 LAWS523 )
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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 LAWS523)
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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-LearnLAWS523 )
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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 LAWS523)
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Participation in tutorial. FINAL TAKE-HOME ASSESSMENT WILL AVAILABLE ON FRIDAY, 5PM OF WEEK 11 ON I-LEARN SITE. |
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 LAWS523)
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Participation in tutorial
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13 |
TAKE-HOME ASSESSMENT 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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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