78025 Intellectual Property: Law and Policy
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): 76084 Copyright and Designs AND 76085 Trademarks and Patents AND 78184 Intellectual Property: Law and Policy AND 78185 Intellectual Property: Law and Policy
Description
This subject provides an introduction to and overview of the legal principles of intellectual property law and the policy issues which inform the development of this law in Australia. It is designed as an introductory survey subject for graduates, practicing lawyers and students completing their first law degrees. Classes consider the historical development of intellectual property subject matters, the international framework setting standards including WIPO, WTO and AUSTFA, and the different forms of intellectual property including copyright, designs, patent, plant breeders protection, trade marks law, passing-off and related actions, moral rights, and performers' protection.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the role and nature of intellectual property; |
|---|---|
| 2. | demonstrate knowledge of copyright, moral rights, patents, trade marks and related actions, designs law and confidential information; |
| 3. | understand the policy issues affecting IP law in Australia; |
| 4. | identify relevant IP issues and analyse statutory and case law relevant to this body of law; |
| 5. | contribute to ongoing academic and community debates regarding intellectual property law. |
Teaching and learning strategies
Strategy 1:
Expository lectures to introduce new material. The subject will require students to attend classes and is designed to give students an overview of the whole of Intellectual Property law and introduce students to the policy issues which affect IP law in Australia.
Strategy 2:
Students centred problem based learning to elicit and explore issues.
Strategy 3:
Focus on library and research skills to enhance autonomous learning and facilitate basis for life long learning in field. Students will be required to engage in in-depth reading before class, including case readings.
Strategy 4:
Completing research essay on agreed topic. The essay will be research based and will allow students to develop an in-depth knowledge of one or more parts of IP law and its role and nature; develop an understanding of the policy issues affecting IP law in Australia; develop their ability to identify relevant IP issues and analyse statutory and case law and develop their ability to engage with ongoing academic and community debates regarding intellectual property law.
Content (topics)
Topics:
Introduction to nature and function of Intellectual Property subject matters; Historical development of intellectual property subjects matters, international framework setting standards for intellectual property laws WIPO, WTO TRIPS, Regional Agreements, Bi Lateral Agreements and FTA's; Trade Secrets and the Action for Breach of Confidence; Patents; Copyright; Trade Marks and Related Rights including Passing Off, Section 52 Trade Practices Act 1974, Well Known Marks, Geographical Indications of Origin, the domain name system; Designs, Plant Breeders Rights, Intellectual Property and Traditional Knowledge and the Convention on Biological Diversity.
Assessment
Assessment task 1: Assignment 1
| Weight: | 40% |
|---|---|
| Length: | 2000 words. This word limit includes words in footnotes and headings, but does not include the bibliography. |
| Criteria: | Demonstrated ability to recognise relevant legal principles, ability to use relevant legislative provisions, case authorities and secondary materials to provide a critical analysis of legal rights and liabilities and possible remedies in an intellectual property dispute using high level legal scholarship. Formal legal skills. |
Assessment task 2: Assignment 2
| Weight: | 40% |
|---|---|
| Length: | 2000 words. This word limit includes words in footnotes and headings but does not include the bibliography. |
| Criteria: | An ability to provide a well structured critical explanation and discussion of an issue of current intellectual property policy exploration or dispute. High level writing skills and strong theoretical perspective. |
Assessment task 3: Reflective Journal
| Weight: | 20% |
|---|---|
| Length: | Each reflection has a limit of 500 words, including footnotes and headings (no bibliography required). |
| Criteria: | Capacity to provide reflective commentary upon the issues and choices raised by current discussion in journal literature. High level legal writing skills. |
Required texts
TEXT BOOKS
Choice of:
A. Stewart, P. Griffith and J. Bannister 'Intellectual Property in Australia' Lexis Nexis 4th Ed 2010
R. Reynolds, N. Stoianoff, A Adrian and A. Roy, Intellectual Property: Text and Essential Cases (Federation Press, 4th ed, 2012)
M. Davison, A. Monotti, L. Wiseman, Australian Intellectual Property Law (CUP, 2nd ed, 2012)
CASE BOOKS
K. Bowrey, M. Handler and D. Nicol, Australian Intellectual Property: Commentary, Law and Practice (OUP, 2010)
Recommended texts
Ricketson, Richardson and Davison Intellectual Property Cases Materials and Commentary Lexis Nexis 4th Ed 2009
Butterworths IP legislation collection - latest edition OR download acts.
K. Bowrey, M. Handler and D. Nicol, Emerging Challenges in Intellectual Property (OUP, 2011)
References
Akindemowo O. Information Technology Law in Australia, LBC. 1999
Arup C, Innovation, Policy and the Law; Australia and the International High Technology Economy, Cambridge University Press, 1993
Arup C. The New World Trade Organization Agreements, Cambridge University Press 2000
Bently L & Sherman B, Intellectual Property Law OUP, latest edition (currently 3rd Ed)
Calvert M. & Reid I, Technology Contracts: A Handbook for Law and Business Butterworths, 2002
Bannon C. Passing Off, Trade Deception, Trade Marks, Butterworths, (rare and difficult to find)
Carter J & Harland D., Contract Law in Australia Butterwordths, latest edition
Corones S. Competition Law in Australia LBC, latest edition
Dean R. The Law of Trade Secrets and Personal Secrets LBC, 2nd Ed 2002
Drahos & Braithwaite Information Fuedalism: Who Controls the Knowledge Economy?, Earthscan, 2002
Drahos & Mayne Global Intellectual Property Rights: Knowledge, Access and Development, Macmillan, 2002
Drahos & Braithwaite Global Business Regulation, Cambridge University Press, 2000
Drahos A Philosophy of Intellectual Property, Dartmouth, 1996
Lahore Dwyer J. & Duffy A., Patents, Trade Marks and Related Rights, Butterworths loose leaf
Gaze B, Copyright Protection for Computer Programs, Federation Press, 1989
IP Australia, IPToolbox, IP Aust
Koepp R., Clusters of Creativity John Wiley and Sons Ltd, 2002
Lahore & ors Copyright and Designs , Loose Leaf Service, Butterworths
Miller R. Annotated Trade Practices Act, Law Book Co., (latest edition)
McGinness P., Intellectual Property Commercialisation Lexis Nexis Butterworths, 2003
Monotti A. & Ricketson S., Universities and Intellectual Property OUP 2003
Rowland D. & Macdonald E. Information Technology Law Cavendish Publishing 1997
Shannahan, Davison, Freeman & Berger Shanahan's Australian Law of Trade Marks Law Book Co 4th ed. 2008
Sell S., Private Power, Public Policy Cambridge University Press, 2003
Tang K et al., Taking Research to Market How to Build and Invest in Successful University Spinouts Euromoney Books 2004 CCH, Industrial and Intellectual Property loose leaf Services Copyright Law Review Committee Reports Copyright Council of Australia Bulletins
Other resources
Some additional materials will be posted on UTSOnline
Loose leaf Services
- Lahore J, Copyright and Design, 1996 - , Butterworths
- Lahore J, Patents, Trade Marks and Related Rights, 1996 - , Butterworths
- Ricketson S, The Law of Intellectual Property: Copyright, Designs and Confidential Information, 1999- LBC
Case Reports
- Intellectual Property Reports (IPR) for cases since 1983 plus historically significant cases (Butterworths)
- Australian Intellectual Property Cases (AIPC) (CCH)
- Fleet Street Reports (FSR)
- Report of Patent Cases (RPC)
Useful Websites
Attorney Generals Department Copyright Division: http://www.acip.gov.au/
Advisory Council on Intellectual Property: http://www.acip.gov.au/
Australian Copyright Council Information Centre: http://www.acip.gov.au/
Department of Foreign Affairs and Trade AUSTFA: http://www.dfat.gov.au/trade/negotiations/us_fta/final-text/index.html
IP Australia: http://www.ipaustralia.gov.au/
Intellectual Property Research Institute of Australia: http://www.ipria.org/
World Intellectual Property Organissation: http://www.wipo.int/portal/index.html.en
World Trade Organisation TRIPS: http://www.wipo.int/portal/index.html.en
