76073 Patents, Trademarks and Related Rights

6cp

Requisite(s): 70516 Equity and Trusts

There are also course requisites for this subject. See access conditions.

Undergraduate
Subject coordinator: R Reynolds

This is an introductory subject which introduces the law of patents, trade marks, plant breeders' rights, passing off and related actions under the Trade Practices Act 1974 (Cwth).

The subject covers the question of 'what is a patentable invention?', the level of disclosure required to ensure the patentee's monopoly rights, the rights of the patent holder, and dealing with patents and actions for infringement. Policy issues regarding the patentability of biotechnology, the international aspects of patent law and commercialisation strategies employed by patent owners are also considered.

Patenting and protection of plants raise special issues and therefore food security, farmers' rights and the regulation of genetically modified crops are addressed.

Trade marks are a legal concept and a cultural phenomenon. In this subject, trade marks, passing off and related actions are examined and the question of how marks and business reputations may be protected and the cultural significance of this are addressed.

Assessment: Option 1: research essay – 3,000 words, excluding footnotes or bibliography and case list (80 per cent), class participation (20 per cent).

Option 2: research essay – 5,000 words (100 per cent) (this option is only available if you cannot attend regularly and participate in classes).

Students must advise the lecturer by the end of Week 3 which option they will be choosing.

Fee information

2007 contribution for post-2004 Commonwealth-supported students: $1,041.62
2007 amount for undergraduate domestic fee-paying students: $2,472.00
Subject EFTSL: 0.125
Note: The above fees are applicable in 2007 for Commonwealth-supported students who commenced after 2004 and domestic fee-paying undergraduate students only. Pre-2005 Commonwealth-supported students should consult the Student contribution charges for Commonwealth supported students webpage.
Not all students are eligible for Commonwealth supported places, and not all subjects are available to Commonwealth supported students. Domestic fee-paying students and international students should refer to the Fees webpage.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at Access conditions and My Student Admin.