This course will cover the principal international institutions dealing with substantive IP law, current international debates, and the practice of WTO dispute settlement. Topics include:
- The international framework for intellectual property law
- Background to WIPO and the WTO TRIPS Agreement
- Intellectual property as an international issue in relation to trade, development, technology transfer, the environment, and human rights
- The law and practice of the WTO TRIPS Agreement
- Current international responses to intellectual property issues Harmonisation and diversity in national intellectual property law
This course considers a number of key issues of the debate over intellectual property and development, including:
- the WIPO Development Agenda;
- the World Trade Organization and the TRIPS Agreement;
- bilateral and regional TRIPS-Plus Agreements, and the proposed Anti Counterfeiting Trade Agreement
- the WIPO Copyright Treaties, access to knowledge (A2K) and the Creative Commons;
- trade mark law, geographical indications, Fair Trade labels, and other certification schemes;
- The Doha Declaration, the TRIPS Waiver, the WHO Global Strategy, and access to essential medicines
- The United Nations Framework Convention on Climate Change, intellectual property and climate change;
- The Convention on Biological Diversity, access to genetic resources, and traditional knowledge; and
The UPOV Convention, the FAO Agreement on Plant Genetic Resources, agricultural intellectual property and food security.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Articulate and critically analyse the core principles of intellectual property law from an international law perspective;
- Define and contrast the comparative roles of the various elements of the international system which deal with intellectual property law;
- Describe and critically analyse international policy issues concerning intellectual property;
- Demonstrate an advanced understanding of the issues concerning intellectual property and development;
- Demonstrate an advanced and integrated understanding of the interaction between intellectual property law and legal mechanisms on trade, environment, and human rights;
- Demonstrate familiarity with the jurisprudence and procedure of the application of the WTO dispute settlement mechanism to intellectual property disputes;
- Articulate and critically analyse emerging issues and issues under negotiation, including those concerned with access to knowledge, biotechnology, climate change, trademarks and geographical indications, access to genetic resources, and the protection of traditional knowledge; and
- Plan and execute complex legal research with independence in order to produce original scholarship in the field of international intellectual property law.
Indicative Assessment
- A review essay (2,000 words) (30) [LO 1,2,3,4,5,6,7,8]
- A major research essay (5,000 words). (70) [LO 1,2,3,4,5,6,7,8]
The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.
Click here for the LLM Masters Program timetable.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2021 | $4410 |
- International fee paying students
| Year | Fee |
|---|---|
| 2021 | $5880 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
