79011 Marketing Law
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.
Credit points: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksRequisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
The aim of this subject is to provide students with a sound knowledge of the relevant federal and state laws that affect business decisions in the field of marketing and to provide them with an understanding of the complex laws regulating marketing activities. Topics covered include consumer protection, product liability, product safety and standards, intellectual property, the regulation of competition, and risk assessment and compliance strategies.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a sound knowledge of the relevant state and federal laws which affect all business decisions in the field of marketing; |
|---|---|
| 2. | plan compliance programs and preventive strategies in order to minimise corporate and personal risk; |
| 3. | demonstrate an awareness of regulatory changes and the law making process in this area. |
Teaching and learning strategies
1. Lectures and seminars combining problem solving
2. Individual student presentations and class discussions
3. The use of problem solving and preventive strategies
4. Submission of a written assignment on a complex marketing problem
Subject Delivery
The subject will be taught over one semester. There will be a combined 3hour lecture/seminar each week. The proposed timetable for classes is included in this subject outline.
Lecture Format
The lecture will normally be delivered in the first part of the session
Tutorial Format and Expectation of Student Participation
Students will be allotted one tutorial problem and will be required to lead the class in discussion. Students will be assessed on their performance in the nominated tutorial. Students will be required to hand to the tutor a one page summary of their presentation. This presentation must contain references to relevant sections of legislation and cases as appropriate. Research beyond the textbook is expected.
Any student who does not attend the nominated seminar for their allocated question will have their presentation deferred and will be required to present the question in the following week.
In addition students asked at least once to bring a recent article on marketing from the web or a newspaper demonstrating some legal issue
Content (topics)
Topic 1 - Introduction
Topic 2 - Marketing and Deceptive Business Practices ( Part 1)
Topic 3 - Marketing and Deceptive Business Practices ( Part 2)
Topic 4 - Marketing and Deceptive Business Practices (Part 3)
Topic 5 - Marketing a Quality Product
Topic 6 - Marketing a Safe Product
Topic 7 - Marketing Techniques
Topic 8 - Marketing Requirements Beyond the ACL
Topic 9 - How Does Competition Law Affect Marketers?
Topic 10 - Compliance and Litigation
Topic 11- Some Aspects of Intellectual Property Law
Topic 12 - Revision
Assessment
Assessment task 1: Class Presentation and one page summary
| Weight: | 10% |
|---|---|
| Length: | One page. |
| Criteria: | Demonstrated ability to understand the problem set and the application of the law relevant to the issue. |
Assessment task 2: Case-note
| Weight: | 40% |
|---|---|
| Criteria: | Demonstrated ability to deal with multiple faceted marketing problem and to write clearly about the relevant legal solution to solve the issues presented. |
Assessment task 3: Final Exam
| Weight: | 50% |
|---|---|
| Criteria: | Demonstrated ability to answer questions on the subject in an exam format. |
Required texts
Clarke, Sweeney and Bender Marketing and the Law 5th ed (LexisNexis Butterworths)
Recommended texts
Bruce,A. Consumer Protection Law in Australia Lexis Nexis Butterworths 2011
Corones S.G The Australian Consumer Law. 2nd ed Thomson Reuters Professional 2012
Corones S.G and Clarke P Australian Consumer Law-Commentary & Materials 4th ed Thomsom Reuters 2011
Corones S.G Competition Law in Australia LBC 2010
Clarke P Competition Law Cases and Materials OUP 2011
Davidson C Australian Intellectual Property Law CUP 2nd ed 2012
Lockhart C The Law of Misleading and Deceptive Conduct LexisNexisButterworth (3rd ed) LexisNexisButterworths 2011
Miller RV Australian Competition and Consumer Law Annotated, 2013 Thomson Reuters Professional 2013
Stewart A Intellectual Property in Australia Lexis NexisButterworths 2010
Steinwall R. Annotated Competition and Consumer Act 2010 Lexis Nexis Butterworths 2013
Terry A and Guigni D Business and the Law 5th ed Thompson Publishing 2009
References
Access to the following is available via the library website:
Australian Business Law Review Syd Law Book Co
Australian Journal of Competition and Consumer Law Law Book Co
Competition and Consumer Law Journal Butterworth Lexisnexis
CCH Online
- CCH Competion and Consumer Cases (ATPR)
CCH Competition and Consumer Act Commentary
CCH Trade Practices Compliance
CCH Sales and Fair Trading Legislation
CCH Sales and Fair Trading Cases (ASFC)
Legal Online - Trade Practices Commentary
Other resources
The following websites will also be useful:-
Australian Competition and Consumer Commission: http://www.accc.gov.au
Australian Direct Marketing Association http://www.adma.com.au
Australian Consumers Association www.choice.com.au
Federal Privacy Commissioner http:// www.privacy.gov.au
Advertising Standards Bureau www.advertisingstandardsbureau.com.au
Free TV Australia www.freetv.com.au
Packaging Council of Australia www.pca.org.au
The Media Federation of Australia : www.mediafederation.org.au
The Internet Industry Association: www.iia.net.au
