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LAWS8024 – Intellectual Property Law

2024 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Convenor, Lecturer and Tutor
Daniela Simone
Contact via via iLearn page
By appointment
Lecturer and Tutor
Vannessa Ho
Contact via via iLearn page
Lecturer
Niloufer Selvadurai
Contact via via iLearn page
Lecturer
Rita Matulionyte
Contact via via iLearn page
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or MIntTrdeComLaw or (Admission to JD and LAWS600 or LAWS8001)
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Explain and critique the fundamental principles of intellectual property law and demonstrate a sophisticated knowledge of the specific rules in intellectual property law through the close examination of legislation and cases.
  • ULO2: Display sophisticated skills of legal analysis through the application of intellectual property law to hypothetical fact
  • ULO3: Demonstrate highly developed skills in the design of new laws and the reform of existing laws through an examination of the policy debates and law reform discourse in key themes related to intellectual property law

General Assessment Information

All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to online exams or other assessment with a time limit of less than 24 hours.

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via ask.mq.edu.au, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 20% No Ongoing in class
Professional Writing Task 40% No 2024-09-08
Final Assessment 40% No 2024-10-31

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Ongoing in class
Weighting: 20%

 

An assessment of students' participation in tutorials which may include participation in tutorial discussions and debates, problem-solving, role plays, critical engagement with the unit materials, and other activities. This may require preparation before the tutorial including completing the required readings and considering or preparing responses to the tutorial materials.

 


On successful completion you will be able to:
  • Explain and critique the fundamental principles of intellectual property law and demonstrate a sophisticated knowledge of the specific rules in intellectual property law through the close examination of legislation and cases.
  • Display sophisticated skills of legal analysis through the application of intellectual property law to hypothetical fact
  • Demonstrate highly developed skills in the design of new laws and the reform of existing laws through an examination of the policy debates and law reform discourse in key themes related to intellectual property law

Professional Writing Task

Assessment Type 1: Professional writing
Indicative Time on Task 2: 15 hours
Due: 2024-09-08
Weighting: 40%

 

This task will focus on a particular professional skill relevant to intellectual property law. Students will research and produce a piece of writing typical of the legal profession such as an essay, a judgment, submissions or law reform analysis.

 


On successful completion you will be able to:
  • Explain and critique the fundamental principles of intellectual property law and demonstrate a sophisticated knowledge of the specific rules in intellectual property law through the close examination of legislation and cases.
  • Display sophisticated skills of legal analysis through the application of intellectual property law to hypothetical fact
  • Demonstrate highly developed skills in the design of new laws and the reform of existing laws through an examination of the policy debates and law reform discourse in key themes related to intellectual property law

Final Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 15 hours
Due: 2024-10-31
Weighting: 40%

 

The final time-limited assessment task consists of questions selected from all material taught in the unit and may include essay style or hypothetical questions.

 


On successful completion you will be able to:
  • Explain and critique the fundamental principles of intellectual property law and demonstrate a sophisticated knowledge of the specific rules in intellectual property law through the close examination of legislation and cases.
  • Display sophisticated skills of legal analysis through the application of intellectual property law to hypothetical fact
  • Demonstrate highly developed skills in the design of new laws and the reform of existing laws through an examination of the policy debates and law reform discourse in key themes related to intellectual property law

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Lectures: pre-recorded, one lecture per week in weeks 1-12

Tutorials: In person tutorials are one hour long, occurring in weeks 1-12. Online tutorials are via zoom (cameras must be on), two hours long, occurring in weeks 3, 5, 7, first week of recess, 11 and 13.

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

Resources

The required textbook is: van Caenegem et al, Intellectual Property in Australia (7th ed., LexisNexis Butterworths, 2022). A couple of alternative textbooks will be recommended on Leganto or via the iLearn page for those who wish to consult them.

Students can purchase these textbooks online from online resellers such as Booktopia, Amazon and Zookal

Additional readings will be accessible through iLearn.

Students require access to a computer, internet with decent speed and a secure/reliable server. The iLearn page contains all Unit requirements and a weekly schedule for teaching, readings and tutorials. Information about all assessment tasks is also available on iLearn.

Unit Schedule

Lectures will cover topics such as: Introduction to Intellectual Property and its justifications, Copyright Law, Design Law, Protection of Business Reputation, Trade Mark Law, Patent Law, Other IP rights, Enforcement and International Aspects.

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

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.

Changes from Previous Offering

The assessment was changed from two research essays to now include participation, professional writing and timed assessments.


Unit information based on version 2024.03 of the Handbook