Intellectual property may be thought of as different forms of legal rights over creativity or innovation.  Within Australia, the main forms of intellectual property protected, and the focus of this course, are statutory rights relating to Copyright, Patents, Designs and Trade Marks, as well as rights relating to confidentiality and unfair competition.  Intellectual Property is also a global concern, with complex interrelationships between the different forms of Intellectual Property and the process of reform of those rights.  In doing so, this course will provide opportunities for students to explore key policy themes: the globalisation of trade; the rise of information technology; the scientific revolutions in agricutlture, medicine and biotechnology; the development of personality rights; enrighment of a Creative Commons; and the protection of traditional knowledge and culture.  Intellectual Property is an incredibly dynamic and controversial area of law.  Being able to sift through the commentary and recent developments to gauge their effect is vital.  This course will therefore also attempt to ensure students are equippped to understand and respond to changes in intellectual property and able to contribute to the process of reform.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise and apply the fundamental legal principles relating to confidential information, copyright, patents, designs, trademarks and unfair competition.
2. Critically analyse and apply principles of law relating to each of these areas of intellectual property to solve complex intellectual property problems;
3. Critically reflect on the legal, practical and theoretical need to ensure that intellectual property rights remain valid and enforceable;
4. Evaluate and apply theoretical knowledge of ownership rights and marketing protection under intellectual property law as applicable to information, ideas, new products and product marketing to solve complex intellectual property problems
5. Review current and emerging issues, including theoretical issues, relating to the intellectual property protection, including those relating to indigenous knowledge or culture, information technology especially the distribution of material on the internet, biotechnology and international trade;
6. Judge and subject to critical theoretical and legal analysis arguments relating to the development and reform of intellectual property right institutions and their likely impact on creativity and innovation
7. Undertake intellectual property law research and present findings using a variety of materials and sources.

Research-Led Teaching

Dilan is an expert in copyright law and artificial intelligence.

Additional Course Costs

This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of state.

Required Resources

Kathy Bowrey, Michael Handler and Dianne Nicol, Australian Intellectual Property: Commentary, Law and Practice, (Oxford University Press, 2015)

Recommended Resources

Mark Davison, Anne Monotti, and Leanne Wiseman, Australian Intellectual Property Law ( 2nd Ed, Cambridge University Press, 2016)

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Extensions and Late penalties - https://policies.anu.edu.au/ppl/document/ANUP_004604

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Copyright, Patents, Trademarks, Confidentiality, International Intellectual Property

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In-Class Participation	10 %	10/10/2019	15/10/2019	1, 2, 3, 4, 5, 6, 7
Research Assignment	90 %	15/12/2019	03/01/2020	1, 2, 3, 4, 5, 6, 7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

Total Class Hours for this course are 28 hours of face-to-face teaching.

For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

a.      it does not exceed a maximum of 25% of the classes;

b.      permission is requested in advance; and

c.       the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

In-Class Participation

Assessment Task 1: Class Participation (Mark Value: 10%)

Format: Participation in class sessions.

Relationship between the Assessment Task and the Course Objectives: see the linked learning outcomes listed above

Estimated Date of Results: 15 October 2019

 

Assessment Criteria:

a) Preparation and understanding of the material

-       Consulting and reading pre-assigned materials in advance of the lectures and seminars

-       linking material between various aspects of the class and different lectures and seminars

-       consulting literature identified in the reading and course guide

b) Thinking critically about the material

-       Looking at questions from different angles

-       questioning assumptions

c) Participation in class

-       Expressing ideas clearly

-       Use of appropriate terminology

d) Engagement with the Class

-       Responding to questions from fellow students and instructors

-       Treating all members of the class respectfully

Assessment Task 2

Research Assignment

Assessment Task 2: Research Essay (Mark Value: 90%)

Format: a written assignment, with a maximum of 5000 words (recommended 2000 words for the problem question and 3000 words for the essay).

Relationship between the Assessment Task and the Course Objectives: see the linked learning outcomes listed above

Approval of Topic: The assignment will include (i) a compulsory problem question and (ii) a compulsory essay question ( one essay question to be chosen by the student from a list of essay questions). Students are encouraged to consider a topic from the list of essay questions in the assignment. Students can propose a modified version of an essay topic from the list, or a different topic on international IP. Such proposed topics are subject to my approval. Student choices, including proposals for amended or new topics, must be communicated by email to the course convenor.

Submission Date: 15 December 2019

Late submission is permitted. Students are encouraged to seek and extension if they are unexpectedly unable to submit on time.

Length: 5000 words maximum (including footnotes) overall for the entire assignment.

Estimated Date of Results: 3 January 2020

Assessment Criteria:

a) Understanding of the Issues

-       addresses the question and covers all the important points

-       evidence of close consideration of the question and the research materials drawn on

-       issues raised by the topic are clearly and concisely identified

-       material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Structure, Communication & Development of Argument

-       clear theme or argument

-       arguments logical and well-organised

-       ideas/paragraphs linked coherently

c) Argument/Analysis

-       originality of ideas and critical analysis of the material

-       complexity and insight in dealing with theory/ideas

-       suggestions for change where appropriate

-       interdisciplinary perspective where appropriate

-       addressing opposing arguments

-       well-reasoned conclusions

d) Research

-       research covering primary and secondary materials

-       good organisation of sources and ability to synthesise all the research materials used

-       use of theoretical material where appropriate

-       range of research sources

e) Presentation, style and referencing

-       good use of structure, section headings and paragraphs

-       clarity and conciseness of expression, interesting and engaging of reader

-       use of appropriate terminology and correct grammar, syntax and spelling

-       full and accurate footnotes together with a bibliography

-       adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students