Intellectual property law is the umbrella term that encompasses the legal rights and responsibilities of the creators and users of intellectual property. Intellectual property law is based around the law of copyright, patents, trademarks, designs and the law of breach of confidence.
This course will focus on the various intellectual property issues that arise in a wide range of real world transactions and will have a strong emphasis on providing students with a practical framework for analysing intellectual property issues in various contemporary transactional settings. Specific topics covered will include:
• the protection of brand and reputation;
• the protection and exploitation of business information, creativity and innovation; and
• the commercialisation of intellectual property by individuals, businesses and government.
While the course will primarily focus on the operation of Australian law, this will be considered in the context of the international intellectual property framework. The role of the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO) will be examined and US and EU legislation and case law will also be considered by way of comparative analysis and to highlight transnational enforcement issues.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
On successful completion of this course, a student/participant will be able to:(a) demonstrate mastery of the principles of patent law, trade mark law, copyright law, designs law, the law of breach of confidence and the law of passing off;
(b) demonstrate specialised knowledge of recent developments in intellectual property law and practice in so far as they relate to a range of contemporary transactions;
(c) demonstrate mastery of theoretical knowledge of intellectual property law and practice to generate complex ideas and reflect critically on the theory and practice of intellectual property law;
(d) investigate, critically reflect on and effectively communicate in plain English to inform diverse audiences of complex theoretical and practical ideas, concepts, strategies and courses of action concerning the application of intellectual property law;
(e) demonstrate relative cognitive and creative skills to analyse and synthesise complex information and problems at a theoretical level to then develop, justify and apply solutions at a practical level, particularly to creatively draft and advise on documents dealing with intellectual property assets; and
(f) Autonomously design, theorise, plan, execute and evaluate a substantial research-based project on an intellectual property law topic.
Topics, teaching, learning activities and assessment are designed to develop the student’s / participant’s cognitive, technical and practical skills and knowledge to be able to draft and review documents and advise on commercial transactions. Students / participants will engage in simulated client scenarios for the purpose of advising on specific dealings with intellectual property assets.
Specific topics to be covered and assessments to be undertaken will be designed with options that enable students to select intellectual property-related topics that are aligned to their own particular interests or specialities. These interests and specialties will include those relevant for:
• Government Lawyers and Government Contract Managers;
• Research Managers;
• Private Sector Lawyers;
• In-House Corporate Lawyers; and
• Other professionals who are responsible for developing, managing, procuring or disseminating goods or services which have intellectual property components (for example, communications and media professionals, procurement managers and researchers).
Indicative Assessment
Assessment will comprise:(a) Discussion Posting. In Topic 1 discussion questions, cases for comment and issues will be posted by the Convenor. Students will be required to submit a discussion post of 800 words. 10%
(b) Advice to Client: At the conclusion of Topic 3 students will be required to build on the learnings from Topics 1 - 3 to analyse a hypothetical real world scenario, undertake the necessary research and provide a simulated written advice to a client of 1500 words. 20%
(c) Advice to Client: At the conclusion of Topic 5 students will be required to build on the learnings from Topics 1 - 5 to analyse a hypothetical real world scenario, undertake the necessary research and provide a simulated written advice to a client of 1500 words. 20%
(d) Research Project: At the conclusion of Topic 6 students will be required to apply their learnings from Topics 1 -6 and undertake a 4,000 research project on a specific intellectual property topic. The Convenor will provide a number of optional research topics to enable students / participants to select a topic that is most closely aligned to their personal and/ or professional interest. 50%
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
The workload is approximately 10 – 12 hours per week during the semester.The course requires continuous online participation throughout the course, as students must participate in discussion forums and other activities.
Requisite and Incompatibility
Preliminary Reading
A course outline will be available prior to the commencement of the course.
Assumed Knowledge
It will be assumed that students have some knowledge of, or experience in contract law, IP or related study or experience.Those who do not will be provided with links on the Wattle site to information and be expected to manage their own learning to attain basic background knowledge.
Fees
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- Unit value:
- 6 units
If you are an undergraduate student and 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). You can find your student contribution amount for each course 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 |
|---|---|
| 2016 | $3252 |
- International fee paying students
| Year | Fee |
|---|---|
| 2016 | $4638 |
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.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 4702 | 15 Feb 2016 | 26 Feb 2016 | 31 Mar 2016 | 27 May 2016 | In Person | N/A |