76056 Intellectual Property Commercialisation Overview
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 6 cp
Result type: Grade and marks
Requisite(s): 78025 Intellectual Property: Law and Policy
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 79006 Intellectual Property Commercialisation
Handbook description
This subject aims to provide a comprehensive survey of much of the law and some of the business and economics of commercialising and licensing Intellectual Property (IP) rights. The course is interdisciplinary as it explores the business and economic aspects of IP licensing and investment in IP development in the context of a detailed legal framework for IP licensing and investment. It includes consideration of relevant IP laws, competition law, compulsory and voluntary licensing, contract and consumer laws, personal property security (PPS) law, foreign investment laws, and selected issues in international practice. Moreover, the course involves practical skills training in drafting and negotiating licenses as well as practice focused exercises that will give students a better sense of the deal making process in licensing transactions both in Australia and abroad.
This subject includes three parts. Part I explores the business and economic aspects of IP commercialisation and licensing, including the connection of IP and economic development, the scope of a license, how licensors make money, and how business people estimate the economic value of IP and licensing rights. Part II discusses legal considerations in IP commercialisation and licensing, including relevant IP law in both international and domestic levels, competition law, laws related to licensing, IP valuation and securitisation, and selected issues in international practice, including jurisdiction and law enforcement. Part III involves practice or 'skills' training in negotiating and drafting licenses and getting a 'sense of the deal' in licensing transactions.
Subject objectives/outcomes
This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
Objective 1: To review and strengthen student understanding of intellectual property (IP) law and its application in business and commerce. Targeting Graduate Attributes: 1-3, 5
Objective 2: To acquaint students with the business and economics of licensing and how business people “trade” in selected rights in IP in order to realise commercial objectives - Targeting Graduate Attributes: 1-3, 5
Objective 3: To comprehend IP and licensing from the client’s perspective and to assist the client in realising legitimate commercial objectives - Targeting Graduate Attributes: 5
Objective 4: To give you a basic understanding of key business provisions and commonly used legal clauses in licenses and how to draft and negotiate them - Targeting Graduate Attributes: 1-3, 5
Objective 5: To develop your skills in extracting a “sense of the deal” from dry legal documents and brief discussions with parties, so that you can understand, negotiate and document licensing transactions from a holistic perspective - Targeting Graduate Attributes: 1-3, 5
Contribution to course aims and graduate attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.
PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Teaching and learning strategies
Strategy 1: The provision of lecture to explain the content and outline the concepts involved.
Strategy 2: The use of presentation, class and online discussion and evaluation to refine and develop the requisite legal knowledge and understanding, and to develop teamwork skills and critical thinking.
Strategy 3: Web based learning
Strategy 4: Teacher support for independent research and reading
Strategy 5: Practical analysis of dry legal documents and brief discussions with parties, so that students can understand, negotiate and document licensing transactions from a holistic perspective
Content
- Introduction
- IP & Economic Development
- IP Licensing and Management
- IP Laws Survey
- Competition law:
- Overview
- Competition law:
- Special Issues
- Contract Law and Consumer Law
- Personal Property Security Law
- Foreign Investment Law
- Selected Issues in international practice
- License negotiating and drafting
- License drafting
Assessment
Assessment Item 1: Class Participation
| Objective(s): | Graduate Attribute: 1-3 |
| Weighting: | 20% |
| Criteria: | Marks are awarded for valuable contribution to the class. Students must prepare in advance for the seminar and be able to exhibit (1) knowledge and understanding of issues; (2) critical thinking and analytical skills in dealing with the materials, (3) engagement with the set materials and topic, (4) willingness to contribute to class discussion in an informed way, (5) skills of communicating intelligently and articulately on a variety of issues, including ability to present a persuasive argument and ability to communicate effectively and (6) cooperative group discussion skills, including contribution to group climate, sensitivity to other students, and attitude to learning and the subject |
Assessment Item 2: Reflective Journal
| Objective(s): | Graduate Attribute: 1-3, 5. |
| Weighting: | 30% |
| Length: | 1500 Words |
| Criteria: | Students will be asked to write a comment on a recent journal article on IP commercialisation or IP licensing (over the past five years). In addition to provide a sound description of the major issues and arguments canvasses in the selected article, students should include their own legal analysis and evaluation on the major views of the selected article. Students will be expected to identify a relevant article although sample will be posted on UTS Online. |
Assessment Item 3: Research Assignment
| Objective(s): | Graduate Attribute: 1-3, 5 |
| Length: | 2500 Words |
| Criteria: | Students will be required to assess an IP Commercialisation problem question and in so doing undertake external research. The problem question will be made available on UTS Online. |
