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 major global concern, with complex interrelationships between the different forms of intellectual property, treaty law 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 agriculture, medicine and biotechnology; the development of personality rights; enrichment 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 equipped 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. recognise, explain and apply the fundamental legal principles relating to confidential information, copyright, patents, designs, trademarks and unfair competition;
2. identify, define, analyse and apply principles of law relating to each of these areas of intellectual property to solve complex intellectual property problems;
3. outline and summarise the legal, practical and theoretical need to ensure that intellectual property rights remain valid and enforceable;
4. identify, define and analyse 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. recognise and interpret 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. anticipate 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; and,
7. define, plan and conduct research with some degree of independence.

Research-Led Teaching

Examination Material or equipment

Any permitted

Recommended Resources

Prescribed Texts:

• Bowrey, Kathy, Michael Handler and Dianne Nicol, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press Australia & New Zealand, 3rd ed, 2021)
• Stewart, Andrew et al, Intellectual Property in Australia (LexisNexis Butterworths, 7th ed, 2022)

A full list of readings will also be made available on Wattle two weeks prior to the course commencement date.

Staff Feedback

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

• written comments
• verbal comments

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

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

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

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

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 any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	This is a semi-intensive course that will be delivered roughly at 12-4pm each day, between 8 and 12 January 2024, and 15 and 19 January 2024.Copyright - The first lecture will include an overview of the IP regime in Australia and globally.	In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.There will be a mid-lecture break each day. All lecture materials will be supplied on Wattle, with the expectation that class times are for discussions and debates.
2	Copyright - Publication, Material Form, Authorship, Originality, Literary Works, Dramatic Works, Artistic Works, Sculptures and Buildings.
3	Copyright - The ownership, exploitation and infringement of copyright.
4	Copyright - Exceptions to copyright infringement such as fair use, fair dealing and the statutory licensing schemes.
5	Copyright - Duration, Crown Copyright, Moral Rights, Performer's Rights, Parallel Importation. AI creation of Copyright works.
6	Trademarks - Trademarks, passing off, consumer rights legislation.
7	Patents - An overview of Australian patent law including the different categories and types of patents available.
8	Confidentiality - Confidential Information and Trade Secrets.
9	Designs and Circuit Layouts - Australian Design rights and Circuit Layout legislation.
10	Revision - Work through practice exams.

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials / seminars so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz	0 %	15/01/2024	15/01/2024	1,5
Online Test	50 %	25/01/2024	18/02/2024	1,2,3,4,5,6,7
Essay	50 %	07/02/2024	01/03/2024	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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Academic Skills 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no examination for this course.

Assessment Task 1

Quiz

Details of Task: This optional online quiz is designed to give students feedback on their progress in the course.

Nature of Task: Optional

Weighting: 0%

Release: 4pm, Friday 12 January 2024

Duration: The quiz is not time-limited and students can commence the quiz at any time during the period over which it is available. However, once you have commenced your attempt, you cannot pause or resume back to the quiz. The quiz will finish automatically if you click out of it and any open attempts will close and be submitted automatically. You must complete the quiz in one single sitting. As this task is open for more than 24 hours, no time adjustments shall be applied for this task.

Due Date: 9am, Monday 15 January 2024. Due to the nature of the task, late submission or extension is not permitted.

Estimated Return Date: Students will be able to review their answers immediately upon completion.

Assessment Task 2

Online Test

Details of Task: Students will be required to undertake an online test. Further information and instructions will be made available on Wattle.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Release: 9:30am, Thursday 25 January 2024

Duration and Permitted Materials: 120 minutes. Any materials may be consulted during the examination, but students must not communicate with any other person apart from the course convenor for the purposes of asking questions about administrative matters.

Due Date: 11:30am, Thursday 25 January 2024. Due to the nature of the task, late submission is not permitted.

If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date.

Estimated Return Date: Sunday 18 February 2024

Assessment Criteria:

• Demonstration of an understanding of the issues relevant to the online test;
• Accurate explanation of the relevant legal principles and authorities;
• Compliance with formatting requirements as appropriate to an online test; and
• Clear and precise use of language.

Assessment Task 3

Essay

Details of Task: Students will be required to complete a research essay for the course. Further information and instructions will be made available on Wattle.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Release Date: Suggested topics will be made available on Wattle. If you would like to write on a topic of your own choosing, you must seek formal approval from your course convenor.

Word Limit: 2,500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, Wednesday 7 February 2024. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Friday 1 March 2024

Assessment Criteria: See the Rubric below:

Rubric

Item	Not Satisfactory	Pass	Credit	Distinction	High Distinction
Understanding and discussion of relevant law	Omits discussion of relevant law.	Adequate description of relevant law.	Very good analysis of relevant law. Few gaps or omissions.	Excellent analysis and application of all relevant law on all issues.	Sophisticated reflections on relevant law and original application on all issues.
Critical evaluation of doctrine	Descriptive of doctrine without reflection, critique or conclusions. Personal opinions expressed without scholarly support.	Some satisfactory evaluation of doctrine; some critical and analytical thinking; and, some sustained argument and formulation of supported conclusion(s).	Very good evaluation of doctrine using critical and analytical thinking leading to some sustained argument and formulation of some well supported conclusion(s).	Effective critical doctrinal analysis, interpretation and sustained argument. Many well supported and clear conclusions.	Sophisticated independent critical doctrinal analysis, interpretation and argument leading to well resolved conclusions. All arguments very well supported.
Creative and originality of approach	No creativity in response to task.	Limited evidence of creativity in response and approach to task.	Uses some creativity in approach and response to task.	Original and creative approach and response to task.	Highly original and creative response to task.
Structure including logical development of content/material	Logical organisation and development of ideas not evident.	Some organisation and development of ideas.	Evidence of logical organisation of thoughts and development of most ideas.	Well developed and effective structure.	Skillful development of ideas in a sophisticated and effective structure.
Research of primary legal (case law and legislation) and scholarly secondary sources	No evidence of research; reliance on class materials, and/or, reliance on non-scholarly secondary sources.	Evidence of some systematic or effective scholarly research; research with significant flaws, errors, gaps in sources.	Evidence of very good systematic research including some depth and breadth of primary legal and scholarly secondary sources.	Substantial depth and breadth in research including most relevant primary legal and scholarly secondary sources.	Extensive and comprehensive range of primary legal and scholarly secondary sources.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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 tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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 Access 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 all ANU students