Students

MKTG350 – Marketing and Management Law

2015 – S2 Day

General Information

Download as PDF
Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Julie Zetler
julie.zetler@mq.edu.au
Contact via 9850 ext7994
Room 510 Building E4A
Tuesday 10-12am or by appointment
Tutor
Robin Woellner
robin.woellner@mq.edu.au
Contact via Above
E4A 104
TBA
Tutor
Christine Sinclair
christine.sinclair@mq.edu.au
Contact via as above
E4A 104
TBA
Tutor
John Garrick
john.garrick@mq.edu.au
Contact via as above
E4A 104
TBA
Credit points Credit points
3
Prerequisites Prerequisites
39cp
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
This unit examines the law relating to marketing and media issues with a focus on the regulation of advertising and promotional activities. The law relating to defamation and the potential defences available to journalists and information providers is analysed. The laws governing copyright, designs, trademarks and patents are considered with close reference to the case law and legislation. Competition law is examined in some detail and includes the law relating to exclusive dealings and misuse of market power. Finally, the consumer protection provisions in the trade practices legislation are analysed in the context of modern marketing practice.

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:

  • Identify and define key terms, concepts and principles related to marketing and management law
  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies
  • Evaluate and apply the laws regulating a variety of marketing practices including pricing, distribution, e-marketing and e-commerce

General Assessment Information

Important:

It is the responsibility of students to view their marks for each within session assessment on iLearn within 20 working days of posting. If there are any discrepencies, students must contact the unit convenor immediately. Failure to do so will mean that queries received after the release of final results regarding assessment marks (not including the final exam mark) will not be addressed.

Assessment Tasks

Name Weighting Due Groupwork/Individual Short Extension AI assisted?
Quiz 15% week 5 (week of the 24 August) No
Take Home Case Study 35% 7 September No
Final Examination 40% University Examination Period No
Class Particiption 10% 2 November No

Quiz

Due: week 5 (week of the 24 August)
Weighting: 15%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

The quiz is held in tutorial time and consists of multichoice/short answer questions and will be held in week 5 (beginning 24 August) in your tutorial class. It is worth 15 marks and is a closed book quiz, which runs for 15 minutes under exam conditions. In order to sit the quiz students must display their current student identification card. No alternative or extentions will be granted. Students who have not sat a designated tutorial quiz will be awarded a mark of 0 for the task, except for cases in which an application for disruption of studies is made and approved.
On successful completion you will be able to:
  • Identify and define key terms, concepts and principles related to marketing and management law

Take Home Case Study

Due: 7 September
Weighting: 35%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

This is a take home individual case study scenario (essay topic) with a maximum of 2,000 words (+/- 10%, excluding footnote references). The case study topic will be released to students (on iLean) on Thursday 3 September at approximately 10 am and is due for submission (uploaded) to 'turnitin' on Monday 7 September by 12midnight. It is important that students understand the limited 'time-frame' set for this assignment and make approriate study preparation in order to complete this assessment within the allocated time.

Late Submissions:

The penalty for late submission starts 8 hours after the 12midnight submission date/time (8am on Tuesday 8 September). No further extensions will be granted. There will be a deduction of 20% of the total available marks made from the awarded mark for each 24 hour period or part thereof that the submission is late (for example, 25 hours late in submission - 40% penalty). This penalty does not apply to cases in which an application for disruption of studies is made and approved.

All assignments submitted must adhere to the following standards:

  • Cover page with full student details (students name on all pages please) and exact word count at the conclusion of essay
  • Legal references must be used (examples are available on iLearn) - do not use 'in-text' referencing such as Harvard
  • The reference requirements: detailed footnotes (footnotes will not be counted as part of the word count)
  • You do not need to include a bibliography or reference page at the end of your paper.
  • Presentation of essay should adhere to normal academic & professional standards of presentation including: page number, double spacing, appropriate page margins (2.54cm default margin setting)
  • Essays should be edited & free from typographical errors
  • Essay should adhere to Australian spelling standards (not U.S.)

Submission Procedure:

  • Students are required to submit their electronic copy of the essay to 'turnitin' via the Internet as part of the submission date process.
  • As well as the electronic essay students must also have a hard copy of their essay available - and may be required to submit a hard copy of their essay to BESS (you will be given further clarification about this extra requirement at the beginning of semester).
  • Your essay will be compared to work of your classmates, previous students from other universities and material available on the Internet (freely available and subscription-based electronic journals). It is also possible that you will be asked to give an account (verbal) of your work and your work may be compared with your other assessment work.
  • Marking rubric can be seen on iLearn (it will be put up asap)
On successful completion you will be able to:
  • Identify and define key terms, concepts and principles related to marketing and management law
  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies
  • Evaluate and apply the laws regulating a variety of marketing practices including pricing, distribution, e-marketing and e-commerce

Final Examination

Due: University Examination Period
Weighting: 40%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

Open book examination. A three hour final examination for this unit will be held during the University Examination period. The University Examination period in the Second Half Year 2015 is from Novemeber 9 - 27.

A final examination is included as an assessment task for this unit to provide assurance that:

(i) the product belongs to the student, and

(ii) the student has attained the knowledge and skills tested in the exam.

Examination Grading:

  • Students are required to gain a pass in all assessment used in this subject in order to achieve an overall pass grade in the subject
  • See the University policies and procedures - for example 'Grading Policy' http://mq.ed.au/policy/docs/grading/policy.html

Important Consideration:

  • It is the  responsibility of students to check University Policy and Rules regarding being granted  disruption of studies policy requirements for missed assessments/exams
  • It is advisable that student's do not organise overseas or family trips during any of the formal examination period
On successful completion you will be able to:
  • Identify and define key terms, concepts and principles related to marketing and management law
  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies
  • Evaluate and apply the laws regulating a variety of marketing practices including pricing, distribution, e-marketing and e-commerce

Class Particiption

Due: 2 November
Weighting: 10%
Groupwork/Individual:
Short extension 3: No
AI assisted?:

Students will be given a class tutorial participation and attendance mark out of 10 in week 13 (2 November). Attendance will be 4 marks and participation 6 marks for a total of 10 marks. Tutors will keep a roll of student attendance and note student participation (such as class interaction - coming to class having read the relevant chapter, preparation and attempting to answer tutorial questions)

 

The assessment Task relates to the following Learning Outcomes:

  • Identify and define key terms, concepts and principles related to marketing and management law
  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas
On successful completion you will be able to:
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies

Delivery and Resources

Classes

Number and length of classes: 1 X2 hour lecture and 1 X 1 hour tutorial for a total of 3 hours face-to-face teaching per week

You MUST attend the tutorial class that you have officially enroled in

The timetable for classes can be found on the University web site at:

http://www.timetable.mq.edu.au/

You must attend at leat 10 out of 12 tutorials. Please note that class participation is graded in this subject failure to attend may affect your final mark

Students are to arrive on time and not leave until the end of class

Mobile phones must be switched off and not simply put on 'silent'

No photographs or recording without prior permission from lecturer/tutor

Laptops must be utilised for official class purposes such as writing notes. Not as entertainment or a 'catch-up' with social media

Students who disturb or disrupt in lectures and/or tutorial will be asked to leave

Students are required to prepare reading/questions for tutorial classes

 

Technology Used

The course will make use of iLearn and email for communication with the teaching staff and between students.

Students will need access to a reliable Internet service to complete this unit.

Course material is available on the learning management system (iLearn). https://ilearn.mq.edu.au/login.MQ/

Number and length of classes: 3 hours face-to-face teaching per week for 13 weeks

Students are expected to participate in lectures. Attendance will be taken in class.

 

Unit Schedule

Session

Lecture Topic

Required Readings  & Tutorial Questions
1 Introduction to Law and Marketing : Legal Framework, Regulatory Bodies and Compliance in Marketing Law, Law of Competitive Advantage and International Law

Chapters 1,  Sweeney & Bender

No Tutorials this week
2

Introduction to Intellectual Property and Marketing: Protecting Inventive Ideas through the Patent System

 

Tutorial groups start this WEEK (see iLearn for tutorial questions)

 

Chapter 2,  Sweeney & Bender.

Tutorial Chapter 1 questions 1,2,3 (on iLearn)
3

Introduction to Breach of Confidence: Protecting Commercial Secrets-obligation of confidence and protection and protection of trade secrets

Protecting Commercial Designs

Chapter 3   Sweeney & Bender.

 

Chapter 5  Sweeney & Bender

Tutorial Chapter 2 questions 1,2,3,4 (on iLearn)
4 Introduction to Copyright Material: Protecting Copyright Material

Chapter 4,  Sweeney & Bender

Tutorial Chapter 3 & 5 questions (Chapter 3 questions 1,3 - Chapter 5 questions 4,5) (on iLearn)
5 Passing Off and Unfair Trading  (Quiz)

Chapter 6, Sweeney & Bender

Quiz - in class quiz 15%. 15 minutes, closed book

Tutorial Chapter 4 questions 1 and 2 (on iLearn)
6

Protection of Trademarks

Franchising

Chapter 7 Sweeney & Bender

Chapter 18  Sweeney & Bender

Tutorial Chapter 6 questions 1,2,4. (on iLearn)
7

Product Liability

Advertising

 Chapter  9, Sweeney & Bender

Chapter 10, Sweeney & Bender

Tutorial Chapters 7 & 18 (Chapter 7 questions 2,3,4,5 - Chapter 18 questions 3,5)

Case Study Essay Question DUE
  MID SEMESTER BREAK  
8

Product Packaging and Labelling

Selling Techniques

Chapter 8 Sweeney & Bender

Chapter 11 Sweeney and Bender
9 e-Marketing & e-Commerce

Chapter 19,  Sweeney & Bender

Tutorial Chapters 8,9,10,11 (Chapter 8 question 1 - Chapter 9 question 4 - Chapter 10 question 2 - Chapter 11 question 2)
10

Introduction to Competition Law

Misuse of Market Power

Chapter 12,  Sweeney & Bender

Chapter 14, Sweeney & Bender

Tutorial Chapter 19 questions 1,2,3,4,5
11

Collusive Conduct

Defamation Law

Chapter 13,  Sweeney & Bender,

Notes on Defamation Law available on iLearn

Tutorial Chapters 12,14 (Chapter 12 questions 2,4 - Chapter 14 questions 2,5)
12

Resale Price Maintenance,

Exclusive Dealing 

Chapter 16 Sweeney & Bender

Chapter 17,  Sweeney & Bender

Tutorial Chapter 13 questions 1,3 (Defamation Law questions available on iLearn)
13

Review and revision for final examination

Student generated revision questions

 Review and revision

Policies and Procedures

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.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Results

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.

Student Support

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

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

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.

Graduate Capabilities

Capable of Professional and Personal Judgement and Initiative

We want our graduates to have emotional intelligence and sound interpersonal skills and to demonstrate discernment and common sense in their professional and personal judgement. They will exercise initiative as needed. They will be capable of risk assessment, and be able to handle ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.

This graduate capability is supported by:

Learning outcomes

  • Identify and define key terms, concepts and principles related to marketing and management law
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies
  • Evaluate and apply the laws regulating a variety of marketing practices including pricing, distribution, e-marketing and e-commerce

Assessment tasks

  • Quiz
  • Take Home Case Study
  • Final Examination
  • Class Particiption

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Identify and define key terms, concepts and principles related to marketing and management law
  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas
  • Analyse, evaluate and apply the consumer protection laws to a variety of marketing and advertising strategies
  • Evaluate and apply the laws regulating a variety of marketing practices including pricing, distribution, e-marketing and e-commerce

Assessment tasks

  • Quiz
  • Take Home Case Study
  • Final Examination

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcome

  • Examine the legal issues and apply the laws protecting intellectual property to the development and marketing of a variety of new products and ideas

Assessment tasks

  • Take Home Case Study
  • Final Examination

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Assessment task

  • Class Particiption

Research and Practice

This unit uses research by:

  • Julie Zetler, Rodney Bonello, Essentials of Law, Ethics and Professional Issues for CAM (2011, Elsevier Press)
  • Julie Zetler, ‘Legal and Ethical Impact of Electronic Health Records on Privacy and Confidentiality’ (Doctorate, Faculty of Law, University of Sydney, complete 2012)
  • Julie Zetler, Verity Greenwood, ‘Lost in Space: Impact of Sessional and Contract Employment on Academia’ (February, 2010) East Asian Law Conference, Hong Kong.
  • Julie Zetler, Verity Greenwood, ‘Trapped in a Time Warp: Managing the Effects of Academic Workplace Changes’ (July, 2010) Australasian Law Teachers Association (ALTA), Auckland New Zealand.
  • Robin Woellener, Julie Zetler, ‘Telemedicine and the Law: Some Emerging Issues’ 2011
  • Julie Zetler, Karolyn White, ‘Healthcare Identifiers Act: Issues for Research Ethics’, International Law, Medicine and Science Conference Paper, Rhodes, 2011
  • Karolyn White, Julie Zetler ‘E-Health: Issues for Human Research Committees’, Australian Ethics Network Conference, 2012.
  • Robin Woellner, Julie Zetler, "Judge Not, Lest Ye Be Judged: The Trials of a Model Litigant" (14 November, 2013) Journal of Australian Law Teachers Association.
  • Robin Woellner, Julie Zetler, Satisfying the Taxpayer's Burden of Proof in Challenging a Default Assessment: The Modern Labours of Sisphus? (December 2014) Journal of the Australasian Law Teachers Association

This unit uses research from the following journals:

  • Journal of Business Law
  • Journal of Marketing
  • Journal of Intellectual Property Law
  • Journal of Advertising