78238 History and Theory of Intellectual Property
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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 C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) 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.
Description
This subject covers selected topics in the history and theory of intellectual property. It gives students a background in the historical development of the areas of copyright, patents, trademarks and trade secrets law, as well as approaching important questions from jurisprudence, philosophy and legal theory in light of their application to intellectual property law.
Students engage in reading and discussion of key texts in the fields of property theory, law and economics and natural rights theory. Through selected case studies, students consider how the law has developed, the effects of social, cultural and political factors, as well as the application of legal theory to aspects of legal doctrine. Students develop important skills in critical thinking and writing as part of these investigations and in formulating their own responses to questions such as: Is intellectual property really 'property'? How long should intellectual property rights last? What is the relationship between intellectual property law and creativity or innovation? Is intellectual property infringement the same as 'theft' or 'piracy'?
The aim is for students to develop their theoretical and historical understanding of law by reference to the dynamic and contested field of intellectual property.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand and reflect upon the historical development of intellectual property law; |
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| 2. | understand and engage with the key philosophical theories and debates surrounding intellectual property law; |
| 3. | research and critically analyse elements of intellectual property law; |
| 4. | identify the key challenges facing intellectual property law in the past and the present; |
| 5. | formulate and communicate their approaches and responses to theoretical and historical investigations relating to intellectual property law. |
Content (topics)
1 Introduction to legal history
2 History of Copyright Law
3 History of Trademark Law
4 History of Patent Law
5 History of trade secrets/confidence
6 Overview of IP theory
7 Property theory and IP
8 Law and Economics
9 Theory in history – the common law copyright debates
10 International IP – history and theory
11 Indigenous IP – history and theory
12 Human rights and IP
13 Theory and doctrine case studies (authorisation and copyright infringement)
Assessment
Assessment task 1: Class Participation
| Weight: | 10% |
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Assessment task 2: Essay Outline
| Weight: | 20% |
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Assessment task 3: Research Essay
| Weight: | 70% |
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