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LAW 473 – Intellectual Property Law

2015 – S2 Day

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Niloufer Selvadurai
Contact via niloufer.selvadurai@mq.edu.au
Tutor
Andrew Morell
Tutor
Nikos Koutras
Credit points Credit points
3
Prerequisites Prerequisites
(6cp in LAW or LAWS units at 300 level) or (39cp including MAS214) or (39cp including BUSL250 and BUSL301)
Corequisites Corequisites
Co-badged status Co-badged status
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.

Important Academic Dates

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

Learning Outcomes

  1. Display an understanding of the fundamental principles of intellectual property law
  2. Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  3. Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  4. Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  5. Demonstrate 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 areas.

Assessment Tasks

Name Weighting Due
Participation 20% Weeks 1-12 of semester
Case or legislation analysis 20% Friday, Week 7, 5pm
Final Assessment 60% Monday, Week 13, 5pm

Participation

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.


This Assessment Task relates to the following Learning Outcomes:
  • Display an understanding of the fundamental principles of intellectual property law
  • Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Case or legislation analysis

Due: Friday, Week 7, 5pm
Weighting: 20%

You may choose to do either Question 1 or Question 2:

 

Question 1 – Case analysis

 

Write an essay analysing a recent Australian case (handed down after 2008) that addresses any aspect of intellectual property law.

 

·         The selection of the case will depend on your area of interest.

·         Focus on the issues in the case that relate to intellectual property law.

·         The analysis should include the background to the case, the significance of the case, and the likely effect of the case.

·         Assessment will be based on the quality of your analysis of case as well as the clarity of your discussion of the descriptive component of the case.

·         Please use heading and sub-headings to structure your analysis.

 

or

 

 

 

 

 

 

Question 2 - Legislation Analysis

 

Write an essay analysing a recent Australian statute (enacted after 2008) that addresses any aspect of intellectual property law.

 

·         Selection of the statute will depend on your area of interest. You may, for example, consider the application and effect of a recent statute designed to govern activities involving an aspect of intellectual property law.

·         The analysis should include the background to the enactment of the statute, the reason for its enactment, the significance of the legislation, and the likely effect of the legislation.

·         Assessment will be based on the quality of your analysis of the legislation as well as the clarity of your discussion of the descriptive component of the legislation.

·         Please use heading and sub-headings to structure your analysis.

 Word limit = 1,500 words, not including footnotes. Footnotes need to be confined to citations.

 


This Assessment Task relates to the following Learning Outcomes:
  • Display an understanding of the fundamental principles of intellectual property law
  • Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Final Assessment

Due: Monday, Week 13, 5pm
Weighting: 60%

The Assessment consists of three questions covering all material covered in the unit. Each question is worth 20%. The assessment will consist of one problem solving question and two essay questions. There will be a word limit of 1,200 words per question (Total of 3,600 words).

 


This Assessment Task relates to the following Learning Outcomes:
  • Display an understanding of the fundamental principles of intellectual property law
  • Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Delivery and Resources

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

 

  • Andrew Stewart, Philip Griffith & Judith Bannister, Intellectual Property in Australia, 2014, 4th edition, LexisNexis Butterworths.

 

Tutorial reading

 

  • In addition to the prescribed text book, additional reading (ie journal articles, cases and problems to be discussed in tutorials) will be required for each tutorial. These additional readings are found on e-reserve.

 

Recommended journals

  • Australian Intellectual Property Journal, Thomson Reuters.

 

  • Media and Art Law Review, The University of Melbourne.

 

  • Information Journal of Technology Policy and Law, Inderscience Publications, Switzerland.

 

 

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.)

Unit Schedule

 

 

 

Week of

Semester

 

Lecture

 

Tutorial

Required Reading

 

Assessment

 

1

 

Lecture 1 - Introduction

 

 

Tutorial 1

Textbook - Chapter 1

 

Tutorial 1 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

2

 

Lecture 2 -

Copyright I

 

 

Tutorial 2

 

Textbook - Chapters 5 & 6

 

Tutorial 2 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

3

 

Lecture 3 -

Copyright II

 

 

Tutorial 3

Textbook - Chapter 7

 

Tutorial 3 Reading

(see e-reserve and i-Learn LAW 473)

 

 

 

Participation in tutorial

 

4

 

Lecture 4 -

Copyright III

and

Confidential Information

 

 

Tutorial 4

 

Textbook - Chapters 8, 9, 3 & 4

 

Tutorial 4 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

5

 

Lecture 5 -

Designs I

 

 

 

 

Tutorial 5

Textbook - Chapter 10

 

Tutorial 5 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

6

 

Lecture 6 -

Designs II

 

 

Tutorial 6

Textbook - Chapter 10

 

Tutorial 6 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

7

 

Lecture 7 -

Trade Marks I

 

Tutorial 7

 

Textbook - Chapter 19

 

Tutorial 7 Reading

(see e-reserve and i-Learn LAW 473)

 

Participation in tutorial

Case or Legislation

Analysis is due Friday of Week 7, 5pm

 

 

 

 

 

RECESS

 

 

8

 

Lecture 8 -

Trade Marks II

 

 

 

Tutorial 8

 

 

Textbook - Chapter 20

 

Tutorial 8 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

9

 

Lecture 9 -

Patents I

 

 

Tutorial 9

 

Textbook - Chapter 11, 12

 

Tutorial 9 Reading

(see e-reserve and i-Learn LAW 473)

 

 

Participation in tutorial

 

10

 

Lecture 10 -

Patents II

 

Tutorial 10

 

Textbook - Chapter 13

 

Tutorial 10 Reading

(see e-reserve and i-Learn LAW 473)

 

 

 

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 LAW 473)

 

 

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 LAW 473)

 

 

 

Participation in tutorial

 

TAKE-HOME EXAM AVAILABLE ON FRIDAY, 5PM

 

13

TAKE-HOME EXAM DUE MONDAY BY 5PM

 

 

 

 

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 Enquiry Service

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

Equity 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.

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

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Assessment tasks

  • Participation
  • Case or legislation analysis
  • Final Assessment

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Learning outcomes

  • Display an understanding of the fundamental principles of intellectual property law
  • Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Assessment tasks

  • Participation
  • Case or legislation analysis
  • Final Assessment

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 outcomes

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.

Assessment tasks

  • Participation
  • Final Assessment

Creative and Innovative

Our graduates will also be capable of creative thinking and of creating knowledge. They will be imaginative and open to experience and capable of innovation at work and in the community. We want them to be engaged in applying their critical, creative thinking.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Assessment tasks

  • Participation
  • Case or legislation analysis
  • Final Assessment

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:

Learning outcomes

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Assessment tasks

  • Participation
  • Case or legislation analysis
  • Final Assessment

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Socially and Environmentally Active and Responsible

We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate skills of legal analysis through the application of the law to hypothetical fact situations
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

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

  • Display an understanding of the fundamental principles of intellectual property law
  • Display a knowledge of the specific rules in intellectual property law through the close examination of legislation and case law;
  • Demonstrate skills relating to the provision of legal advice through the proper identification of legal issue(s), the application of the relevant law to the identified issues, and the provision of an accurate assessment of the likely outcome.
  • Demonstrate 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 areas.

Assessment tasks

  • Participation
  • Case or legislation analysis
  • Final Assessment