Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Professor Robin Woellner
Contact via Email
12-12.30 pm Wednesday by appointment
Oliver Manlutac
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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:
Name | Weighting | Hurdle | Due |
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Quiz 1 | 10% | No | week 5 |
Individual Essay | 30% | No | week 9 |
Quiz 2 | 10% | No | week 11 |
Final Examination | 50% | No | University Examination Period |
Due: week 5
Weighting: 10%
Quiz 1 is designed to test students' analytical thinking and analytical skills in identifying and solving basic marketing law concepts embodied in a multiple-choice question format.. It also serves a crucial early diagnostic function by providing an early indication for students and staff on whether and how well students are adapting to and assimilating legal concepts and approaches.
Details of the Quiz requirements including the format, submission details and marking criteria will be available on iLearn.
Type of collaboration: Individual
Submission: In class
Format: Please refer to the iLearn Uni page.
Length: 10 minutes, multiple-choice and short answer.
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
Weighting: 30%
The essay tests students' development of analytical and critical thinking skills in addressing a multi-faceted legal marketing problem; requires students to research a range of literature, case-law and legislation (as well as integrating socio-political and related issues) relevant to the essay topic; draw together and critically analyse these materials and use them to construct a coherent, well-reasoned and balanced academic argument which places those arguments in a practical/socio-political context.
Details of the Essay requirements including the format, submission details and marking criteria will be available on iLearn.
Type of collaboration: Individual
Submission: Please submit via the Turnitin Link on iLearn.
Format: Please refer to the iLearn Unit page
Length: 1600 words +/- 10%
Inherent task requirements: None
Due: week 11
Weighting: 10%
Quiz 2 plays an important role in helping to refine students' development and understanding of increasingly sophisticated concepts and materials in marketing law, and their ability to use those concepts and materials to analyse and solve complex issues thrown up by case-law and legislation; it also continues the diagnostic process of indicating to students and staff where individual (or groups of) students are finding difficulty with materials.
Details of the Quiz requirements, including the format, submission details and marking criteria will be available on iLearn.
Type of collaboration: Individual
Submission: In class
Format: Please refer to the iLearn Unit page
Length: 10 minutes multiple-choice and short answer
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: University Examination Period
Weighting: 50%
The open-book examination provides an opportunity to test students' understanding of the concepts underpinning the course and course materials. Because the examination is open-book and problem-based, it provides a clear demonstration of the extent to which students have understood and are able to analyse the marketing law issues arising from a range of practical situations of varying complexity and apply their knowledge and skill to use the relevant legal principles in developing a well-balanced and credible approach to the possible resolution of those issues.
Type of collaboration: Individual
Submission: Within the exam venue
Format: Please refer to the iLearn Unit page.
Length: 3 hours (plus additional time for disability and other cases)
Inherent task requirements: None
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 for discussion (located under the Assessment icon in iLearn) |
Week 1 |
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) |
Week 2 |
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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Introduction to Marketing Law |
Week 3 |
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. |
Protecting Inventive Ideas |
Week 4 |
Introduction to Copyright Material: Protecting Copyright Material: Chapter 4, Sweeney,et al. QUIZ 1 NEXT WEEK |
* Protecting Commercial secrets * Design Law |
Week 5 QUIZ 1 |
* Passing Off * 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 Copyright |
Week 6 |
* Protection of Trademarks: Chapter 7, Sweeney, et al * Franchising: Chapter 18, Sweeney et al |
* Passing Off * Unfair trading
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Week 7 |
Product Liability: Chapter 9, Sweeney, et al
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* Protection of Trade Marks * Franchising
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MID SEMESTER BREAK | ||
Week 8 |
* Product Packaging and Labelling: Chapter 8, Sweeney, et al * Selling Techniques: Chapter 11, Sweeney, et al ESSAY is due next week |
No tutorials * Product liability
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Week 9 ESSAY SUBMISSION |
Advertising: Chapter 10, Sweeney, et al ESSAY SUBMISSION (Monday 7 October, upload on 'Turnitin' by 12 midnight) |
* Product packaging and labelling *Selling techniques
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Week 10 |
* 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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* Advertising
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Week 11 QUIZ 2 |
* Misuse of Market Power: Chapter 14, Sweeney, et al * Collusive Conduct: Chapter 13, Sweeney, et al
QUIZ 2 (Chapters 6-9 Sweeney et al, including lecture and tutorial content on those topics |
QUIZ (2) * e-Marketing and e-Commerce * Introduction to Competition Law
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Week 12 |
* Resale Price Maintenance: Chapter 16, Sweeney, et al * Exclusive Dealing: Chapter 17, Sweeney, et al |
* Misuse of Market Power * Cartel (Collusive) Conduct |
Week 13 |
* Review of RPM * Review of Exclusive Dealing * Revision |
* RPM * Exclusive Dealing * Revision |
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 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
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
If you are a Global MBA student contact globalmba.support@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:
Recent cases and legislative changes have been incorporated into the course materials, but in light of positive student feedback, there are no significant changes to course structure.
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: