Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Niloufer Selvadurai
Contact via niloufer.selvadurai@mq.edu.au
Tutor
Andrew Morell
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
(16cp in LAW or LAWS units at 600 level or above) and (admission to JD or LLM or GradCertLaw or GradDipLaw)
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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 provides an understanding of the principles and practice of intellectual property law, encompassing the law of copyright, designs, trade marks, patents and confidential information. The unit begins by considering the theoretical underpinnings of intellectual property law, and progresses to a detailed examination of the existing regulatory frameworks and an analysis of the present law reform discourse. The unit will provide students with a doctrinal understanding of the relevant legal principles, and equip students with the capacity to apply legal principles to complex factual circumstances
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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:
In the absence of a successful application for special consideration due to disruption of studies, any assessment task submitted after its published deadline will receive a mark of zero. Applications for a Disruption of Studies are made electronically vial ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption of Studies policy for complete details of the policy and a description of the supporting documentation required. 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 convenor and markers.
Name | Weighting | Due |
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Participation | 20% | Weeks 1-12 of semester |
Research Assignment I | 40% | Friday, Week 7, 5pm |
Research Assignment II | 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%
QUESTION
The effectiveness of the Copyright Act 1968 (Cth) in protecting copyright in literary works has been substantially diminished by technological change. Discuss with close reference to relevant legislation, case law, scholarly literature and the reform discourse.
Word limit = 2,000 words, not including footnotes and bibliography. Footnotes need to be confined to citations.
Due: Monday, Week 13, 5pm
Weighting: 40%
"Central to effective intellectual property laws are clear principles for balancing private proprietary interest and wider public interests." Do you agree? Discuss with detailed reference to either the law of copyright or the law of patents.
Word limit = 3,000 words, not including footnotes and bibliography. Footnotes need to be confined to citations.
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 LAWS 824)
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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 LAWS 824)
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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 LAWS 824)
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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 LAWS 824)
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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. 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. |
5 |
Lecture 5 - Designs I
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Tutorial 5 |
Textbook - Chapter 10
Tutorial 5 Reading (see e-reserve and i-Learn LAWS 824)
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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 LAWS 824)
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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 LAWS 824)
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Participation in tutorial Case or Legislation Analysis is due Friday of Week 7, 5pm |
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RECESS |
The Questions for the Final Assessment will be made available via ilearn on Friday 30 Sept 2016 at 5pm. |
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 LAWS 824)
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Participation in tutorial.
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9 |
Lecture 9 - Patents I
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Tutorial 9 |
Textbook - Chapter 11, 12
Tutorial 9 Reading (see e-reserve and i-Learn LAWS 824)
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Participation in tutorial.
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10 |
Lecture 10 - Patents II |
Tutorial 10 |
Textbook - Chapter 13
Tutorial 10 Reading (see e-reserve and i-Learn LAWS 824)
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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 LAWS 824)
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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 LAWS 824)
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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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