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
Julian Dight
To be advised
To be advised
|
---|---|
Credit points |
Credit points
4
|
Prerequisites |
Prerequisites
(16cp in LAW or LAWS units at 600 level or above) and (admission to JD or LLM or GradCertLaw or GradDipLaw)
|
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
|
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:
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven (7) days (incl. weekends) after the original submission deadline.
Name | Weighting | Hurdle | Due |
---|---|---|---|
Participation | 20% | No | Weeks 1-12 of semester |
RESEARCH ASSIGNMENT | 40% | No | 14 September 2018 |
FINAL ASSESSMENT | 40% | No | 9 November 2018, 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. 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.
Marking Rubric for Participation: Please see LAWS 824 ilearn page.
Due: 14 September 2018
Weighting: 40%
In its 2014 Copyright and the Digital Economy Final Report (ALRC Report 122), the Australian Law Reform Commission recommended that Australia should adopt a fair use exception with a non-exhaustive list of four fairness factors to be considered in assessing whether use of another’s copyright material is fair and a non-exhaustive list of eleven illustrative purposes. Do you agree with the Commission's recommendation? Discuss with close reference to relevant primary and secondary sources.
Please note that responding to this assignment question will require independent legal research that goes beyond materials provided in lectures and prescribed readings.
Marking Rubric: Please see LAWS 824 ilearn page.
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 the LAWS 824 ilearn page.
Due: 9 November 2018, 5pm
Weighting: 40%
FINAL ASSESSMENT
Consider the case of RPL Central v The Commissioner of Patents, Full Federal Court, 11 December 2015. What are the implications of this case for patents law? How satisfactory is the law in this area? Discuss with close reference to relevant relevant legislation, case law and secondary sources.
Please note that responding to this assignment question will require independent legal research that goes beyond materials provided in lectures and prescribed readings.
Marking Rubric: Please see LAWS 824 ilearn page.
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 the LAWS 824 ilearn page.
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
Students will require a computer and access to reliable internet.
Week of Semester |
Lecture |
Tutorial |
Required Reading |
Assessment |
1 |
Lecture 1 - Introduction
|
Tutorial 1 |
Textbook - Chapter 1
Tutorial 1 Reading (see i-Learn LAWS 824)
|
Participation in tutorial |
2 |
Lecture 2 - Copyright I
|
Tutorial 2
|
Textbook - Chapters 5 & 6
Tutorial 2 Reading (see i-Learn LAWS 824)
|
Participation in tutorial |
3 |
Lecture 3 - Copyright II
|
Tutorial 3 |
Textbook - Chapter 7
Tutorial 3 Reading (see i-Learn LAWS 824)
|
Participation in tutorial |
4 |
Lecture 4 - Copyright III and Confidential Information
|
Tutorial 4 |
Textbook - Chapters 8, 9, 3 & 4
Tutorial 4 Reading (see i-Learn LAWS 824)
|
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
|
Tutorial 5 |
Textbook - Chapter 10
Tutorial 5 Reading (see i-Learn LAWS 824)
|
Participation in tutorial |
6 |
Lecture 6 - Designs II
|
Tutorial 6 |
Textbook - Chapter 10
Tutorial 6 Reading (see i-Learn LAWS 824)
|
Participation in tutorial.
RESEARCH ASSIGNMENT IS DUE ON FRIDAY 14 SEPTEMBER 2018, 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)
|
Participation in tutorial |
|
|
|
RECESS |
|
8 |
Lecture 8 - Trade Marks II
|
Tutorial 8
|
Textbook - Chapter 20
Tutorial 8 Reading (see i-Learn LAWS 824)
|
Participation in tutorial.
|
9 |
Lecture 9 - Patents I
|
Tutorial 9 |
Textbook - Chapter 11, 12
Tutorial 9 Reading (see i-Learn LAWS 824)
|
Participation in tutorial.
|
10 |
Lecture 10 - Patents II |
Tutorial 10 |
Textbook - Chapter 13
Tutorial 10 Reading (see i-Learn LAWS 824)
|
Participation in tutorial |
11 |
Lecture 11 - Protecting Business Reputation |
Tutorial 11 |
Textbook - Chapters 16, 17, 18
Tutorial 11 Reading (see i-Learn LAWS 824)
|
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)
|
Participation in tutorial
|
13 |
|
|
|
THE FINAL RESEARCH ASSIGNMENT IS DUE ON TUESDAY 6 NOVEMBER 2018, 5PM. PLEASE SUBMIT VIA TURNITIN ICON ON ILEARN. |
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Undergraduate students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/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.
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by: