78185 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.

UTS: Law
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): 78025 Intellectual Property: Law and Policy AND 78184 Intellectual Property: Law and Policy

Description

This subject provides a comprehensive, in-depth and engaging examination of the legal principles of intellectual property (IP) 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.

Each class considers a different form of intellectual property including copyright; designs; patent and trade marks law; passing-off and related actions; moral rights and performer's protection; as well as a consideration of the proposed protection indigenous cultural property. In addition, this subject touches on how to deal in IP, globalisation of IP and emerging issues in IP.

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.

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)
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)
Self Management
A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change (6.0)

Teaching and learning strategies

The subject is taught in an intensive mode for over four (4) days. Students are required to attend all four (4) classes. The subject matter covered in the four (4) days 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 (Learning objectives 1, 2 3 4 and 5).

Content (topics)

Topic 1

Topic 2

Patents and Biotechnology

Topic 3

Passing Off, Trade Marks and Related Rights

Topic 4

Designs Law
Moral Rights, Performers Rights, Indigenous Cultural Property
Confidential Information

Assessment

Assessment task 1: Reflections

Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	40%
Length:	4 x 500 words (excluding footnotes and bibliography)

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight:

40%

Length:

4 x 500 words (excluding footnotes and bibliography)

Assessment task 2: Essay

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 5.0 and 6.0
Weight:	60%
Length:	4000 words maximum (excluding footnotes and bibliography)

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 5.0 and 6.0

Weight:

60%

Length:

4000 words maximum (excluding footnotes and bibliography)

Required texts

Reynolds, Stoianoff & Roy, Intellectual Property: Text and Essential Cases, Federation Press, 5th Edition 2015

Recommended texts

Stewart Griffith and Bannister 'Intellectual Property in Australia' Lexis Nexis 4th Ed 2010

Ricketson, Richardson and Davison Intellectual Property Cases Materials and Commentary Lexis Nexis 5th Ed 2013

Davison, Monotti and Wiseman 'Australian Intellectual Property Law' Cambridge 2008

McKeough, Bowery and Griffith 'Intellectual Property Commentary and Materials' Lawbook Co 4th Ed 2007

Butterworths IP legislation collection - latest edition OR download acts.

Van Caenegam, Intellectual Property Butterworths 2nd Ed 2006

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

Loose leaf Services

Lahore Patents, Trade Marks and Related Rights, 1996 - , Butterworths
Ricketson The Law of Intellectual Property: Copyright, Designs and Confidential Information,. 1999- , LBC

Case Reports

Intellectual Property Reports (IPR) for cases since 1983 (Butterworths)
Australian Intellectual Property Cases (AIPC) (CCH)
Fleet Street Reports (FSR)
Report of Patent Cases (RPC)

Periodicals

Copyright Reporter
Intellectual Property Journal (Australia)
Intellectual Property Journal (Canada)
European Intellectual Property Review (EIPR)
IP Asia Supplementary Materials

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

UTS Law Faculty Guide to Essay Writing www.law.uts.edu.au

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