78238 History and Theory of Intellectual Property
6cpRequisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
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Description
This subject covers selected topics in the history and theory of intellectual property. It gives students a background in the historical development of the areas of copyright, patents, trademarks and trade secrets law, as well as approaching important questions from jurisprudence, philosophy and legal theory in light of their application to intellectual property law.
Students engage in reading and discussion of key texts in the fields of property theory, law and economics and natural rights theory. Through selected case studies, students consider how the law has developed, the effects of social, cultural and political factors, as well as the application of legal theory to aspects of legal doctrine. Students develop important skills in critical thinking and writing as part of these investigations and in formulating their own responses to questions such as: Is intellectual property really 'property'? How long should intellectual property rights last? What is the relationship between intellectual property law and creativity or innovation? Is intellectual property infringement the same as 'theft' or 'piracy'?
The aim is for students to develop their theoretical and historical understanding of law by reference to the dynamic and contested field of intellectual property.
Detailed subject description.
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.
