Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor and lecturer
Niloufer Selvadurai
Contact via Email - niloufer.selvadurai@mq.edu.au
W3A 621
To be advised
Lecturer
Andrew Morell
Contact via Email - andrew.morell@mq.edu.au
Tutor
Shafiqur Khan
Contact via Email - shafiqur.khan@mq.edu.au
To be advised
To be advised
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 | Hurdle | Due |
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Participation | 20% | No | Weeks 1-12 of semester |
Research Assignment I | 40% | No | 8 September 2017, 5pm |
FINAL ASSESSMENT | 40% | No | 6 November 2017, 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: 8 September 2017, 5pm
Weighting: 40%
RESEARCH ASSIGNMENT QUESTION
"Australia's patents law unduly stifles innovation by limiting the online sharing and dissemination of information." Do you agree? Discuss with reference to relevant legislation, case law and secondary sources. In your response you should also consider theories relating to the proper role of patents law and the law reform discourse to date.
Word limit = 2,500 words, not including footnotes and bibliography. Footnotes need to be confined to citations. All citations should be in compliance with the Australian Guide to Legal Citation.
Submission method: Via Turnitin on LAWS 824 ilearn.
Due: 6 November 2017, 5pm
Weighting: 40%
FINAL ASSESSMENT
Consider the case of Tylor v Sevin [2014] FCCA 445. What are the implications of this case for the potential liability of parties who use images owned by other parties, without permission, on their websites? How satisfactory is the law in this area? Discuss with close reference to relevant relevant legislation, case law and secondary sources. In your answer you should also consider the public policy basis of copyright laws and the law reform discourse.
Word limit = 2,500 words, not including footnotes and bibliography. Footnotes need to be confined to citations. All citations need to comply with the Australian Guide to Legal Citations.
Submission method: Via Turnitin on LAWS 824 ilearn.
All materials necessary to complete this unit are cited on the LAWS 824 i-Learn site. 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.)
Computer resources
A computer and access to reliable internet is required for this unit.
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 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 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 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 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 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 i-Learn LAWS 824)
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Participation in tutorial.
RESEARCH ASSIGNMENT IS DUE ON FRIDAY 8 SEPTEMBER 2017, 5PM. PLEASE SUBMIT VIA TURNITIN ICON ON ILEARN. |
7 |
Lecture 7 - Trade Marks I |
Tutorial 7 |
Textbook - Chapter 19
Tutorial 7 Reading (see i-Learn LAWS 824)
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Participation in tutorial |
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RECESS |
. |
8 |
Lecture 8 - Trade Marks II
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Tutorial 8
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Textbook - Chapter 20
Tutorial 8 Reading (see 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 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 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 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 i-Learn LAWS 824)
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Participation in tutorial
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13 |
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THE FINAL RESEARCH ASSIGNMENT IS DUE ON TUESDAY 6 NOVEMBER 2017, 5PM. PLEASE SUBMIT VIA TURNITIN ICON ON ILEARN. |
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_2016.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 (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
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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This graduate capability is supported by:
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This graduate capability is supported by:
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