Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Professor Robin Woellner
Contact via email
TBA
11-12 Friday or by appointment
Tutor
Anita Sekar
Contact via email
E4A Room TBA
TBA
Tutor
Monica Rouvellas
Contact via email
E4A Room TBA
TBA
Tutor
Christine Sinclair
Contact via email
E4A Room TBA
TBA
Yang Yang
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
39cp at 100 level or above
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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 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.
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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:
Important:
It is the responsibility of students to view their marks for each piece of assessment on iLearn within 20 working days of posting. If there are any discrepancies, students must contact their tutor 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) may not be addressed.
Name | Weighting | Hurdle | Due |
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Quiz 1 | 10% | No | week 5 (27 August) |
Individual Essay | 30% | No | week 9, (8 October) |
Quiz 2 | 10% | No | week 11, (22 October) |
Final Examination | 50% | No | University Examination Period |
Due: week 5 (27 August)
Weighting: 10%
The quiz is held in tutorial time and consists of 5-7 multiple-choice/short answer questions and will be held in week 5, 27 August in your tutorial class. The quiz questions are based on weeks 1-3 (lectures and tutorial content). It is worth 10 marks and is a closed book quiz, which runs for 10 minutes under exam conditions. In order to sit the quiz students must display their current student identification card.
Details of the assessment task to be completed including the format, submission details and marking criteria will be available on iLearn.
Non-Attendance:
Students who do not attend the class quiz will be awarded a mark of '0' for the task, except for cases in which an application for special consideration is submitted and approved.
Due: week 9, (8 October)
Weighting: 30%
This is an individual essay with a maximum of 1600 words (+/- 10%), excluding references. All finalised essays MUST be uploaded to iLearn ('turnitin') by 12 midnight on the due date, which is Monday 8 October.
All assignments must adhere to the following standards:
a) Cover page with full student details and exact word count
b) Ensure that your full name and page number is marked on the top of every page of your essay
c) Presentation of essay should adhere to normal academic and professional standards of presentation, including: name and student number on each page, page numbers, one and half line spacing, appropriate page margins (2.4cm default margin setting) and Times New Roman font
d) 12 point font must be used. Do not use 10 point or less (unless it is a direct quote), as this is too hard to read (even electronically) for the marker.
e) Essays should be edited and free from typographical and grammatical errors (polished work)
f) Legal referencing and citation required (this legal referencing standard is explained in tutorial class and on iLearn)
g) Bibliography required, as well as properly executed 'footnotes' (do not use in-text referencing)
h) Students are required to 'individually' research and write their response to the essay question (it is not a collaborative exercise and must be the sole work of the student)
g) All use of 'other' ideas and work (quotes,paraphrasing, internet sites, etc.) must be appropriately acknowledged in your work
h) Students may be required to discuss submitted essay topic content with their tutor to ensure student authorship
Submission Procedure:
Students are required to submit their electronic copy of the essay to 'turnitin' via the iLearn as part of the submission process. Your essay will then be automatically compared to work of your classmates, previous students from Macquarie and other universities, with material available on the Internet, both freely available and subscription-based electronic journals and other sites.
Please note: only your final essay submission can be uploaded to 'turnitin' (i.e.you cannot upload preliminary versions to 'turnitin')
It is advised that you do not leave it to the last minute to submit your essay (as this can potentially overload the system)
Late Submissions:
No extensions will be granted. There will be a deduction of 10% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late.
The penalty for late submission starts 8 hours after the 12 midnight submission time (that is, 8 am on Tuesday 9 October). Thus for example if an essay is 25 hours late in submission, a 20% penalty will be imposed.
This penalty does not apply to cases in which an application for special consideration is submitted and approved.
No submission can be accepted after solutions/feedback have been discussed.
Details of the assessment task to be completed including the format, submission details and marking criteria will be available on iLearn (under assessment).
Due: week 11, (22 October)
Weighting: 10%
Quiz 2 consists of 5-7 multiple choice/short answers questions based on weeks 6-9 (including relevant lecture/tutorial content) and will be held in week 11 (commencing 22 October) in your tutorial class. The quiz will take approximately 10 minutes to complete. It is a closed book quiz and students must display their current student identification card.
Details of the assessment task to be completed including the format, submission details and marking criteria will be available on iLearn.
Non-Attendance:
There is no right to an alternative quiz. Students that do not attend the class quiz will be awarded a mark of '0' for the task, except for cases in which an application for special consideration is submitted and approved.
Due: University Examination Period
Weighting: 50%
The examination is an 'open book' exam worth 50% of your overall marks in the subject.
'Open-book' exam means that you are able to take any printed (written) material (e.g. lecture notes, lecture slides, student summaries, text books, etc.) into the exam room. However, you cannot take any electronic devices/recordings into the exam room such as, for example, computers, laptops, calculators, electronic dictionaries, iPhones, iPads, iWatches or other 'smart devices'; see iLearn for specific details.
Examination format and other relevant information will be posted on iLearn closer to the exam period
The examination is three (3) hours in length and you are expected to present yourself for examination at the time and place designated in the University Examination timetable. This timetable is available in 'draft' form approximately eight weeks before the commencement of the examination and in final form approximately four weeks before the commencement of the examination - http://mq.edu.au/exam/
The only exception for not sitting the examination at the designated time is because of documented illness or unavoidable disruption. In these circumstances you are expected to apply for approval under the University Special Consideration process. Information about Special Consideration is available at - http://mq.edu.au/policy/docs/special_consideration/policy.html
If a Supplementary Examination is granted as a result of the Special Considera process, the examination is scheduled after the conclusion of the official examination period
The Macquarie University Examination Policy details and conduct of the examinations at the University. The policy is available at - http://www.mq.edu.au/policy/docs/examination/
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:
Important Consideration:
Textbook
Sweeney BJ, Bender M and Courmadias N, Marketing and the Law (5th edn) Lexis Nexis Butterworths, 2015.
Classes
Number and length of classes: 1 X 2 hour lecture (Friday 12-2pm) and 1 X 1 hour tutorial for a total of 3 hours face-to-face teaching per week
Please note: the above information may be subject to timetable room change - students must check final timetable before classes commence for confirmation of lecture/tutorial locations. The timetable for classes can be found on the University web site at -http://www.timetable.mq.edu.au/
Lecture Information
Lectures are recorded for the main purpose of student 'revision' - not generally as a substitute for attending 'face-to-face' lectures. You are strongly encouraged to attend all the lecture program.
Signed attendance sheet is not required for lectures
Due to the evolving legal environment in the marketing/management/law area - lecture slides on iLearn may be subject to updates and other changes.
Tutorial Information
Students must attend their assigned tutorial class
Tutorials start in week 2 of the semester
Please note: The Unit Convenor/Lecturer/Tutors cannot change your tutorial times, any tutorial changes must be finalised through formal Department online processes
It is expected that you come to tutorial classes prepared to discuss relevant materials and concepts. This means doing the necessary readings and answering tutorial problems before the tutorial class
Attendance record will be taken at each tutorial session.
Please ensure that you sign the tutorial attendance sheet: if you miss a tutorial please contact your tutor via email (not the Unit Convenor), and provide the necessary documentation if required (e.g. medical certificate, etc.) to your tutor. In special circumstances, if your tutorial absence is going to be longer than two weeks (continuing) you may need to notify the Unit Convenor, as well as your tutor.
Warning: students must attend at least 10 out of 12 tutorials - failure to do this may affect your final grade
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/computers must only 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 and engage in class discussion
The tutorial questions and sessions are designed to initiate active student participation of the subject material. Please note: tutorials are not a catch-up substitute mini lecture!
Summary of Requirements:
You need the required tutorial attendance, as well as attempting each of the assessment tasks outlined in the unit guide in order to gain a minimum pass of 50% in the course. Students are not required to gain a pass mark in the exam (or in other assessment tasks) to pass the subject.
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
You are required to check for updated iLearn information for this subject on a weekly bases.
Your assessment grades, i.e. quiz, essay, etc (once finalised) will be posted on Grade Book - it is your responsibility to contact your tutor within a reasonable time frame in relation to any discrepancies.
Session |
Lecture Topic |
Tutorial Questions |
1 (30 July) |
Introduction to Law and Marketing : Legal Framework, Regulatory Bodies and Compliance in Marketing Law, Law of Competitive Advantage and International Law Chapter 1 Sweeney, Bender and Courmadias, Marketing and the Law (textbook) |
No Tutorials this week (Week 1) |
2 (6 August) |
Introduction to Intellectual Property and Marketing: Protecting Inventive Ideas through the Patent System Chapter 2, Sweeney, et al.
Tutorial groups commence this WEEK (see iLearn (assessment icon) for tutorial questions)
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Tutorial Requirement: Chapter 1: Answer questions 1,2,3 (Tutorial questions located under assessment icon iLearn) |
3 (13 August) |
Introduction to Breach of Confidence: Protecting Commercial Secrets -obligation of confidence and protection and protection of trade secrets: Sweeney et al Chapter 3 Protecting Commercial Designs: Chapter 5, Sweeney, et al. |
Tutorial Requirement: Chapter 2: Answer questions 1,2,3,4 (on iLearn) |
4 (20 August) |
Introduction to Copyright Material: Protecting Copyright Material: Chapter 4, Sweeney,et al. QUIZ 1 NEXT WEEK |
Tutorial Requirement: Chapters 3 & 5 - answer: Chapter 3: questions 1,3 Chapter 5: questions 4,5 |
5 (27 August) QUIZ 1 |
Passing Off and Unfair Trading: Chapter 6, Sweeney,et al QUIZ 1 - in-class (Chapters 1-3, Sweeney et al). Content includes lecture and tutorial content in weeks 1-3. |
Quiz - in class quiz 10%. 10 minutes, closed book Tutorial Requirement: Chapter 4: answer questions 1 and 2 |
6 (3 September) |
Protection of Trademarks: Chapter 7, Sweeney, et al Franchising: Chapter 18, Sweeney et al |
Tutorial Requirements: Chapter 6: answer questions 1,2,4. |
7 (10 September) |
Product Liability: Chapter 9, Sweeney, et al
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Tutorial Requirement: Chapters 18 answer questions 3,5 Chapter 7 answer questions 2, 5
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17 September - 28 September. Classes resume (Tuesday) 2 October
Week 8 (2 October) |
MID SEMESTER BREAK
Product Packaging and Labelling: Chapter 8, Sweeney, et al Selling Techniques: Chapter 11, Sweeney, et al
ESSAY is due next week |
Tutorial Requirements: Chapter 9: answer questions 1,2
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Week 9 (8 October) ESSAY SUBMISSION |
Advertising: Chapter 10, Sweeney, et al ESSAY SUBMISSION (Monday 8 October, upload on 'turnitin' by 12 midnight) |
Tutorial Requirements: Chapter 8: answer questions 1, 2 and 4 Chapter 11: answer questions 1, 2
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Week 10 (15 October) |
e-Marketing and e-Commerce: Chapter 19, Sweeney et al Introduction to Competition Law: Chapter 12, Sweeney, et al
QUIZ 2 NEXT WEEK
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Tutorial Requirement: Chapter 10 answer questions 1,2,3
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Week 11 (22 October) QUIZ 2 |
Misuse of Market Power: Chapter 14, Sweeney, et al Collusive Conduct: Chapter 13, Sweeney, et al
In-class QUIZ 2 (Chapters 6-9 Sweeney et al, including lecture and tutorial content on those topics |
Tutorial Requirement: In-class QUIZ (2) - 10 minute, closed book QUIZ Chapter 19: answer questions 1,2 Chapter 12: answer questions 1,2 |
Week 12 (29 October) |
Resale Price Maintenance: Chapter 16, Sweeney, et al Exclusive Dealing: Chapter 17, Sweeney, et al |
Tutorial Requirement: Chapter 13: answer questions 1,2,3 Chapter 14: answer questions 1,2
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Week 13 (5 November) |
Review of RPM and Exclusive Dealing, and Revision for Final Examination |
Tutorial Requirements: Chapters 16 answer question 1 Chapter 17 answer question 2
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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.
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:
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:
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:
In light of student feedback, the order of topic presentation has been adjusted and assessment modes retained.
Global Context and Sustainability:
This unit teaches marketing law and management principles that apply to Australia but can also be applied in a global context. Sustainability issues are included in Corporate Social Responsibility materials, as well as the development and management of ethical and legal component of this unit
Research and Practice:
In addition to the required textbook for this unit, students should familiarise themselves with the relevant periodical section of the library as well as access quality newspapers and journals. We recommend the following:
Students are able to access these and other important resource materials through the library home page. Under 'research' select search for journals and type the name of the journal or the area that you wish to access.
Recommended Research Databases:
Students should also familiarise themselves with key research databases available for access through the library. Databases recommended (but not limited) for your study in marketing and law include:
This unit uses research by:
This unit uses research from the following journals: