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77896 Legal Process and Intellectual Property 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: Law
Credit points: 6 cp

Subject level:

Postgraduate

Result type: Grade and marks

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

Handbook description

This introductory subject provides non-law graduates with an understanding of the Australian legal system and how intellectual property rights may be protected. Topics covered include parliament and the courts, appeal and review systems under the Australian legal system, the doctrine of precedent and principles of statutory interpretation. The subject also provides students with an introduction to patents, trademarks, designs copyright, circuit layouts, plant breeders' rights, confidential information and trade secrets, trade practices and anti-competitive practices, and international intellectual property treaties.

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.

  1. To develop an awareness of, and basic skills in, legal writing, legal referencing and legal problem solving. (GA 2, 3 & 4)
  2. To develop an understanding of the historical development of various sources of law (statute, common law and equity) and the Westminster system of government in Australia as well understanding the various institutions that make up the Australian legal system - the law, the legislature, the Crown, the executive, the courts, tribunals and legal practitioners. (GA 2, 4, 5, 9 & 10)
  3. To develop the ability to read and analyse a case and apply the doctrine of precedent and techniques of legal reasoning to trace the development of the law through a line of cases together with the ability to interpret and analyse legislation using recognised principles of statutory interpretation. (GA 1, 2, 3, 4 & 5)
  4. To develop an understanding of the international environment in which Australia’s IP laws exist. In particular, the series of treaties and protocols upon which Australian IP laws are based; and the relevant Australian statutes and regulations which regulate IP in Australia. (GA 9 & 5)
  5. To acquire an overview of the practical issues involved in compliance with the Australian IP laws; and a framework from which to develop the skills of case analysis, statutory interpretation, legal problem solving and critical analysis, which are essential skills for Patent and Trade Marks attorneys. (GA 1, 2, 4, 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 This subject aims to encourage students to think critically and analytically and develop an understanding of legal processes within the Australian legal system; and to develop an overview of the intellectual property regimes within the Australian and international legal systems.
Strategy 2 This subject adopts a system of self-managed learning that offers you choices about how and when you study.
Strategy 3 This subject is delivered wholly as a web based online system of teaching and learning. Students and teachers interact by asynchronous electronic communications on a regular basis.
Strategy 4 Additionally, an opportunity is offered for you to interact with fellow students and course staff by extensive use of online discussion boards


Subject Delivery
The subject is delivered wholly on by means of the UTS online learning & teaching technology (UTSOnline). The subject is presented to students by way of a broad set of interactive experiences that include:
Strand 1 Legal Process

  • A series of readings for each of six Topics
  • A requirement that you participate in web discussions
  • Advice and support from the lecturer
  • Optional and informal learning partnerships

Strand 2 IP Overview

  • A series of recommended readings for each of five Topics
  • A series of Questions at the end of each Topic to revise and confirm progress
  • A final take-home short answer exam
  • Advice and support from the lecturer

Content

1. Legal Process

  • Introduction & Sources of law
  • The Western Legal Tradition
  • The Australian Federal System
  • Courts & Tribunals
  • Appeal & Review Procedures
  • Legal Method (Common Law & Statutory Interpretation)

2. Intellectual Property Overview

  • Introduction & Intellectual Property Treaties
  • Copyright & Designs
  • Patent, Confidential Information & Trade Secrets
  • Trade Marks, Trade Practices & Anti-competitive Practises Plant Breeder’s Rights & Circuit Layouts

Assessment

Assessment Item 1: Web Discussion

Objective(s):

Objectives: 1, 2 and 3
Graduate Attributes: 1, 2, 3, 4, 5 and 10
Weighting: 45%

Assessment Item 2: Test Your Knowledge Exam

Objective(s):

Objective: 3
Graduate Attributes: 4 and 5
Weighting: 30%

Assessment Item 3: Short Answer IP Exam

Objective(s):

Objectives: 4 and 5
Graduate Attributes: 3, 4, 5 and 9
Weighting: 25%

Required texts

Legal Process Strand (Strand 1)

Intellectual Property Overview Strand (Strand 2)