University of Technology, Sydney

Staff directory | Webmail | Maps | Newsroom | What's on

78194 Designs Law and Practice

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)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77893 Designs Law and Practice

Description

This subject concentrates on the ability to advise and to handle the interests of a client in prosecution and maintenance of a design application, including advice on the desirability of seeking design protection and provision of alternative protection in Australia and overseas. Topics covered include registrability, newness, registration procedure, maintenance, office practice, third-party objection, infringement, expunction, copyright, and international aspects of design practice.

Subject learning objectives (SLOs)

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)

Teaching and learning strategies

Intellectual Property is a large area of law. Students are encouraged in this subject to acquire both specialised knowledge of Designs Law and Practice, and also gain a broad understanding of the different forms of intellectual property protection.

The aim of this subject is to encourage students to think critically, analytically, and independently about designs law and practice, and to develop a sound understanding of the legal process in this area. For this reason, students have been provided with comprehensive Subject Materials for the 13 topics in this subject.

In order to successfully pass this course, students are required to read the materials placed under ‘Compulsory Reading’, and also read the notes provided under the various Topic headings in the Designs Law and Practice Subject Materials. These are the minimum requirements for your learning and you will be required to do more extensive reading for your essays.

While self-managed learning offers you choices about how and when to study, your learning will be most effective if you implement an effective time management strategy in order to complete this subject within the prescribed time. If you plan your timetable carefully and set aside regular times each week to read the relevant material for the 13 topics, you should have no difficulty in successfully completing this subject.

While web discussion is a non-assessable component of this subject, students are strongly encouraged to use the Discussion Board to ask each other questions, and raise issues which relate to the reading materials for the 13 topics.


Subject Delivery
This subject is delivered wholly online.

Students are provided with two documents on UTSOnline which comprise the Subject Materials for this subject:

  1. Designs Law and Practice Subject Outline (this document); and
  2. Designs Law and Practice Subject Materials.

Students must read and be familiar with both these documents if they expect to successfully pass this subject.

Content (topics)

  • Introduction to Australian Designs Law
  • Subject Matter of Design Registration
  • Only New and Distinctive Designs are Registrable
  • Design Application and Registration Process
  • Ownership of Designs
  • Infringement, Defences and Remedies
  • Compulsory Licences
  • Offences
  • The Rights of the Crown under the Designs Act 2003 (Cth)
  • The Intersection between Copyright and Designs Law
  • Transitional Provisions
  • The Jurisdiction and Court Structure Governing Designs Law
  • International Aspects of Designs Law

Assessment

Assessment task 1: Essay

Objective(s):

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

1.0, 3.0 and 5.0

Weight: 30%
Length:

For 77893 Students:

1500 words maximum, excluding all footnotes.

For 78194 Students:

2000 words maximum, excluding all footnotes.

Assessment task 2: Professional Conduct Case Study

Objective(s):

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

1.0, 3.0 and 5.0

Weight: 10%
Length:

500 words maximum, excluding all footnotes

Assessment task 3: Final Examination

Objective(s):

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

1.0 and 3.0

Weight: 60%
Length:

For 77893 Students:

2500 words maximum, excluding all footnotes.

For 78194 Students:

3000 words maximum, excluding all footnotes.

Required texts

Two documents comprise the Subject Materials for this subject:

  1. Designs Law and Practice Subject Outline (this document); and
  2. Designs Law and Practice Subject Materials.

These documents are available on UTSOnline, and have been prepared solely for students completing this course.
It is strictly prohibited for the course documents (or any part of the course documents) to be reproduced, stored in a retrieval system or transmitted, by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise).

In addition, students should refer to the Designs Examiners' Manual of Practice and procedure which can be found at the following link: http://www.ipaustralia.gov.au/pdfs/designsmanual/WebHelp/designs_exam_manual.htm

E-Reading materials

The Designs chapter from each of the following texts has been made available through e-Readings:

  • R Reynolds, N Stoianoff, A. Roy, Intellectual Property - Text and Essential Cases, The Federation Press (5th ed, 2015);
  • A Stewart, P Griffith, J Bannister, A Liberman, Intellectual Property in Australia, LexisNexis (5th ed 2014);
  • S Ricketson, M Richardson, M Davison, Intellectual Property: Cases, Materials and Commentary (2012, 5th ed, Lexis Nexis Butterworths)

Recommended texts

  • K Bowrey, M Handler, D Nicol, Australian Intellectual Property: Commentary, Law and Practice (2010, Oxford)
  • D Price, C Bodkin, B Arnold, P Adjei, Intellectual Property Commentary and Materials, Thomson Reuters/Lawbook Co. Fifth Edition, 2012.

Other resources

Legislation

  • Designs Act 2003 (Cth)
  • Designs Regulations 2004 (Cth)

Useful Websites