78186 Intellectual Property and Traditional Knowledge
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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): ( 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 spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905c Preparing for Intellectual Property Practice 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.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76521 Intellectual Property and Traditional Knowledge AND 78187 Intellectual Property and Traditional Knowledge
Description
This subject considers the nature of traditional knowledge, how intellectual property in this area is protected under the Australian legal framework, and the development of strategies for its protection. The subject includes an overview of the international treaty framework, relevant Australian legislation and concerns for Australian Indigenous peoples such as appropriation of Indigenous arts and culture, language, spirituality, biodiversity, biotechnology, medicinal knowledge, film and music.
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 laws, policies and organisations relating to Traditional Knowledge (TK) and Intellectual Property (IP); |
|---|---|
| 2. | demonstrate a coherent and extensive knowledge of the latest developments in IP & TK laws and policies at international, national and regional level; |
| 3. | critically and creatively analyse the theoretical bases for TK protection and the commercial and cultural implications of that protection; |
| 4. | accept individual responsibilities and obligations including engagement in and receipt of constructive criticism and argument; |
| 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) - 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
Strategy 1 The provision of lecture to explain the content and outline the TK and IP concepts involved.
Strategy 2 The use of presentation, class 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 TK and IP issues.
Subject Delivery
The aim of the teaching strategies for this subject is to foster an effective learning environment for students.
Accordingly, this subject is taught using lectures/seminars and UTSOnline.
In class instruction and discussion will form the basis of each class.
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 participate in group discussions and make a presentation from time to time reporting the outcome of group discussions to the rest of the class.
The major assessment task involves a research project of the student s design and a presentation on the research plan and initial findings.
Content (topics)
- The nature and definition of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE)
- The nature and definition of Intellectual Property Rights (IPR)
- Overview of the International Treaty Framework relating to IPR, TK and TCE
- Outline of the major global concerns for Indigenous Peoples in relation to TK, TCE and IPR
- Film, Music and New Technology Industries
- Arts and Crafts, Cultural Objects and Tourism Industry
- Biotechnology Industry and Medicinal Knowledge
- Comparative Legal Frameworks: The Australian Legal Framework governing TK. TCE and IPR
- Comparative Legal Frameworks: The Indian Legal Framework governing TK, TCE and IPR
- Comparative Legal Frameworks: The Chinese Legal Framework governing TK, TCE and IPR
- Current Developments
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0, 5.0 and 6.0 |
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| Weight: | 10% |
Assessment task 2: Research essay
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 6.0 |
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| Weight: | 70% |
Assessment task 3: Class Presentation
| Objective(s): | This task contributes specifically to the development of the following graduate attributes: 1.0 and 3.0 |
|---|---|
| Weight: | 20% |
Required texts
In addition to the weblinks noted in the Program of Topics, eReadings have been provided for this subject rather than producing two volumes of hardcopies.
Access to eReadings for this subject (the same regardless of subject number):
https://www.lib.uts.edu.au/drr/search.html?q=78186
https://www.lib.uts.edu.au/drr/search.html?q=78187
Students can also access these resources via the UTS Library's eReadings collection http://www.lib.uts.edu.au/drr/search.html
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.
- N.P. Stoianoff (ed), Indigenous Knowledge Forum - Comparative Systems for Recognising and Protecting Indigenous Knowledge and Culture, Lexis Nexis, December 2016 (forthcoming).
- R. Reynolds, NP Stoianoff & A Roy, Intellectual Property - Text and Essential Cases, Fifth Edition, The Federation Press, 2015.
- P. Drahos and S. Frankel (Eds), Indigenous Peoples' Innovation: IP pathways to development, ANU e-Press, 2012.
- C Antons (Ed.), Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region, Wolters Kluwer Law & Business, Netherlands (2009)
- S. von Lewinski (Ed.), Indigenous Heritage & Intellectual Property, Kluwer Law International,Second Edition, 2008.
- 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.
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:
