78183 Global Aspects of Intellectual Property Law
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)) OR 78203c Communications and Intellectual Property Law Overview )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78015 Global Aspects of Intellectual Property Law
Description
This subject considers the international framework of intellectual property law. Topics covered include the international institutions dealing with intellectual property (the World Trade Organization, World Intellectual Property Organization, International Union for the Protection of New Varieties of Plants and the United Nations), particularly considering their treaties and dispute mechanisms; bilateralism and the future of multilateralism in international intellectual property including the Australia–US Free Trade Agreement; and emerging issues likely to affect international intellectual property over the coming years – health and access to pharmaceuticals, access to and protection of genetic resources and biodiversity, protection of traditional knowledge, the possibility of harmonisation and the digital agenda.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | describe, evaluate and be able to critically and creatively analyse the nature and scope of international IP laws and policies; |
|---|---|
| 2. | demonstrate a coherent and extensive knowledge of the latest developments in IP laws and policies at international and regional level; |
| 3. | critically and creatively analyse the nature, role and scope of the major IP-related International Organizations; |
| 4. | demonstrate a coherent and extensive knowledge of the implications of IP laws and policies in the real world; |
| 5. | demonstrate legal research skills and independent thought. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0) - Research Skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0) - Communication and Collaboration
Effective and appropriate professional 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 1The provision of lecture to explain the content and outline the IP 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 Writing research essay to develop research skill and further the understanding of specific international IP issues.
Subject Delivery
The aim of the teaching strategies for this subject is to foster an effective learning environment for students whether in class or online.
Accordingly, this subject is taught using lectures/seminars and UTSOnline.
In class instruction and discussion will form the basis of each class. These classes will be recorded and uploaded on UTSOnline together with additional materials.
Not all topics will be covered in class in-depth.
To ensure that classes can provide the most effective learning experience students will be expected to have read the minimum required readings for each class.
Discussion questions will be provided for each Topic and each student will be required to either make a presentation (if on campus) or provide a written analysis (if online).
The major assessment task involves a research project of the student s design.
Content (topics)
- Theories of Globalisation
- The Institutions of Global IP and their treaties – WTO, WIPO, UN and UPOV
- Principles in Conflict – Bilateralism-multilateralism and the US-Australia FTA
- The history, nature and theoretical development of Intellectual Property Rights (IPR)
- The key international conventions and agreements
- IPR and Development - TRIPs Compliance and the case of China
- The Biodiversity Convention and IPR – the patenting of biological ‘inventions’
- Traditional Knowledge and Traditional Cultural Expressions
- Health and access to medicines
- Digital Convergence
Assessment
Assessment task 1: Class /Online 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, 3.0 and 5.0 |
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| Weight: | 10% |
Assessment task 2: Research essay
| Intent: | This task shows the individuals requisite legal knowledge on IP laws and policies, and their capability of critical thinking and analysis. |
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| 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: | 70% |
| Length: | 3000 word limit for those students undertaking 78015; 4000 word limit for those students undertaking 78183. A penalty of 5% of the result will be imposed for each 100 words that the essay exceeds the 3000-word limit for those students undertaking 78015 and 4000 word limit for those students undertaking 78183. The word limit will be strictly enforced. |
Assessment task 3: Class Presentation
| Intent: | This task shows the individual s understanding of basic IP concepts, principles, as well as current international IPR regime. This task also displays the presenter s ability to explain crucial international IP laws and policy issues, and their ability to lead discussion on the topic and to apply critical thinking. |
|---|---|
| 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: | 20% |
Required texts
Selected Reading Materials are listed after every topic in the Program.
If a weblink has not been provided for a document then the article should be available on e-Readings.
Access to eReadings can be obtained via the following links:
https://www.lib.uts.edu.au/drr/search.html?q=78183
Recommended texts
These readings are suggested and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources.
- D.J. Gervais (Eds), Intellectual Property, Trade and Development, Oxford University Press, 2014.
- M. Finger and P. Schuler (Eds), Poor People’s Knowledge: Promoting Intellectual Property in Developing Countries, World Bank and Oxford University Press, 2003.
- S. Sell, Private Power, Public Law: The Globalization of Intellectual Property Rights, Cambridge University Press, 2003.
- P. Drahos and R. Mayne (Eds), Global Intellectual Property Rights: Knowledge Access and Development, Palgrave Macmillan, 2002.
- D. Matthews, Globalising Intellectual Property Rights: The TRIPs Agreement, Routledge, London, 2002.
- C. Correa, Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options, London, Zed Books, 2000.
Other resources
In addition, there are, of course, a wide range of journals with articles of interest as well as interesting websites, notably those of the intellectual property agencies in various jurisdictions, equivalent to Australia's IP Australia, as well as the international bodies. See for example:
