76084 Intellectual Property: Copyright and Designs
Warning: The information on this page is indicative. The subject outline for a
particular session, 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.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70327 Commercial Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78025 Intellectual Property: Law and Policy
Description
Intellectual property law deals with intangible, creative, inventive and informational assets. This subject examines two areas of this law: copyright and design rights. Students develop an understanding of the doctrinal law of copyright and design rights in terms of the relevant statutory frameworks, and their application in the case law. Students also learn about litigation processes and remedies.
Students develop legal knowledge and analytical skills through problem-solving activities that mirror the legal and factual issues that arise in legal practice. These activities provide opportunities for students to develop commercial skills and become solution-focused legal practitioners. The subject further fosters students' skills of critical analysis and oral communication through class discussion of different theoretical, jurisprudential and policy issues underlying areas of law, using readings of works by leading scholars in the field. Students also undertake research to critically evaluate laws, practices and policies. The subject combines a practical with a theoretical approach, enriching students' understanding of the complex public and private interests at play, and preparing them for a career in legal practice or general commerce.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and apply legislation and case law relating to copyright and design rights to resolve problem-based scenarios. |
|---|---|
| 2. | Critically analyse and evaluate the legal framework pertaining to the regulation of different types of intellectual property in Australia. |
| 3. | Construct and articulate logical, reasoned, persuasive and justifiable legal and scholarly arguments. |
| 4. | Identify and locate research material relevant to contemporary policy debates and creatively and analytically evaluate the factual, legal and theoretical issues which arise. |
| 5. | Think critically and strategically in relation to commercial disputes and adopt a solution-focused approach to legal problems. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
Strategy 1: Student preparation for class activities
Preparation and reflection outside the classroom is central to the learning in this subject, which relies on students having familiarised themselves with the law and relevant critical material prior to each class. Each week key resources, including text book reading, cases, chapter/articles and/or short videos or podcasts, will be set for students to engage with before class. Lists of questions or themes to be considered while reading will also be provided so as to focus students’ attention and prepare them for discussion. Relevant details will be found in the Reading Guide, which is available to students under the Subject Outline tab on UTSOnline. Students will use the UTSOnline Discussion Board to ask questions or share ideas prior to the class. In class, students will engage in collaborative discussion and evaluation of the preparatory materials, which will assist them in developing new perspectives, testing their ideas and understanding, and identifying areas for clarification. Students will have the opportunity to ask questions of their peers and of the teacher to assist them in consolidating their own learning.
Strategy 2: Learning through class discussion and problem solving
The ability to solve problems is an essential skill for a legal adviser. Problem-solving involves interpreting and analysing legislation and cases, and applying the legislation and principles developed through the case law to novel and difficult factual situations. All students will participate in problem-solving exercises throughout the session, both individually and in groups.
Each week students will engage in class and group discussion and oral presentations on the issues and problems that arise in the readings and/or provided factual scenarios. At the start of the session students will nominate themselves to lead the discussion in a particular week and/or topic. They will lead discussion in one or two weeks, depending on the number of students enrolled. Leading discussion will involve demonstrating their own understanding as well as encouraging others to participate and building upon the ideas of others. This allows students to improve their skills of oral communication as well as their ability to construct reasoned legal arguments and offer commercially-viable solutions to the problems of hypothetical clients. This mirrors the experience of working in a commercial law firm, where both individual communication skills and teamwork are essential. There will also be at least two classes in which all students will be required to present: the Week 0/1 preparatory task and the Research Assignment feedback task (see below).
Strategy 3: Engaging in lectures and guest presentations
The teacher and guest speakers will provide perspectives on the recommended readings and clarification of the law. The ability to listen and think at the same time is a crucial skill for a lawyer or legal adviser, who will often need to master new information delivered orally and provide an intelligent response immediately. Through lectures, students will enhance their ability to concentrate for extended periods, to synthesise ideas with effective note-taking and to listen critically and reflexively. Students also engage in the lecture by asking and responding to questions. Class discussion activities in the tutorial will extend the ideas of the lecture in new directions or in greater depth. It is therefore important to actively participate and engage with the lecture material to clarify understandings and challenge ideas.
Strategy 4: Applying research skills
Students undertake independent research relevant to class discussion and assessment tasks. Class discussion will be based on a list of readings, which students will be required to locate using the UTS Library and databases. The research essay and problem question will require students to identify relevant case law and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a lawyer. Critical reading and analysis of judicial and scholarly material are also crucial skills in law. The Discussion Starter questions associated with the pre-class readings will assist students in identifying the key themes and arguments to look for in the readings. The class discussions will allow students to gauge how successful they have been in their critical reading, by testing their knowledge and learning from others. In this way, students will develop and refine skills in identifying and synthesising relevant material and deploy it to make reasoned, logical, justifiable and persuasive written and oral arguments. They will apply these skills in the written assessment tasks and receive further feedback (see below).
Strategy 5: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Students will carry out a simple research task in Week 0. This task involves finding an article in the media (whether mass media or social media) which raises an issue of design rights or copyright law. Students will prepare a brief presentation to deliver to the class in Week 1 which explains their choice, including what the article is about and why they selected it. The objective of the task is to encourage students to start thinking about the ways in which they interact with intellectual property law every day and its impact in the broader community. Formative feedback on the presentation will be provided by the lecturer in Week 2 using a rubric provided in advance. This task is worth 5% of the Class Participation mark. Ongoing formative feedback on oral communication skills is provided during class discussion to individuals and groups throughout the teaching session.
Formative feedback on problem-solving skills will be provided through class discussion. Before the Problem Question Assessment task is due, students will be involved in preparing several short problem questions and other practical exercises for discussion in class. Oral feedback will be provided by the teacher, and students will also gain guidance from listening to the approaches of their peers, which can then be put into practice in the Problem Question Assessment task. Written feedback on the Problem Question Assessment task will also relate to general skills (such as written expression) that will be relevant to the Research Assignment Assessment task
Formative feedback on research skills is provided in-class during discussions and by formal written feedback on written answers to research essays. Several weeks before the Research Assignment Assessment task is due, students will engage in a preparatory task by locating 3 potential sources for their essay, which they will bring to class and present on in small groups. Peer feedback will be given using a rubric provided in advance.
Subject Delivery
The subject is delivered in weekly 3 hour seminars, with self-directed learning activities in Week 1 and as required (for example, due to public holidays).
Each week, several students will nominate themselves to lead the discussion based on the readings and questions provided in the Reading Guide. Feedback will be provided on this class and it will form part of the assessment for the Class Participation component.
Content (topics)
- Introduction to Intellectual Property and the international framework (focus on copyright, designs and confidential information),
- Justifications, history and objectives
- Copyright – general principles, copyright subsistence
- Copyright – subject matter, authorship and ownership
- Copyright –infringement
- Copyright - exceptions
- Copyright – dealings in copyright, remedies and enforcement
- Copyright – moral rights, performers’ rights, folklore and indigenous cultural property
- Copyright – current issues, reform proposals, global aspects
- Design rights – protection of industrial designs
- The copyright/design overlap, circuit layouts
Assessment
Assessment task 1: Class Preparation and Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0 and 5.0 |
|---|---|
| Weight: | 15% |
| Length: | 1000-1500 words |
| Criteria: |
|
Assessment task 2: Legal problem Assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 2000 words |
| Criteria: |
|
Assessment task 3: Research Assignment
| Objective(s): | This task addresses the following subject learning objectives: 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0 |
|---|---|
| Weight: | 45% |
| Length: | 2,500 words |
| Criteria: |
|
Required texts
K Bowrey, M Handler, D Nichol and K Weatherall, Australian Intellectual Property Law: Commentary, Law and Practice (OUP, 2nd ed, 2015)
Recommended texts
A. Stewart, P. Griffith, J. Bannister and A Liberman, 'Intellectual Property in Australia' (Lexis Nexis, 5th Ed, 2014)
R. Reynolds, N. Stoianoff, A Adrian and A. Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
M. Davison, A. Monotti, L. Wiseman, Australian Intellectual Property Law (CUP, 2nd ed, 2012)
S Ricketson, M Richardson and M Davison, Intellectual Property: Cases, Materials and Commentary 5th ed (Lexis Nexis) 2013
Other resources
Books
K. Bowrey, M. Handler and D. Nicol, Emerging Challenges in Intellectual Property (OUP, 2011)
L Bently and B Sherman, Intellectual Property Law (OUP, 4th edn, 2014)
Looseleaf/Online Services
Lahore, Intellectual Property in Australia: Copyright Law (Butterworths/LexisNexis)
Ricketson, S, The Law of Intellectual Property: Copyright, Designs and Confidential Information (Lawbook Co/Westlaw AU)
Websites:
Australian Copyright Council: www.copyright.org.au
IP Australia: http://www.ipaustralia.gov.au/
Advisory Council on Intellectual Property: http://www.acip.gov.au/
World Intellectual Property Organisation: http://www.wipo.int/portal/index.html.en
Intellectual Property Research Institute of Australia: http://www.ipria.org/
