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

There will be nine weeks of three hour lectures on Thursday evenings from 6-9pm in the Law Theatre. These lectures will involve lecture delivery and policy and problem discussion. In Week Five there will be a one day intensive on international intellectual property.

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

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/word-length-and-excess-word-penalties

Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: 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 details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Copyright
2	Copyright
3	Copyright
4	International Intellectual Property
5	Copyright
6	Confidentiality
7	Trademarks
8	Trademarks
9	Patents
10
11
12

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Take-home exam	50 %	04/04/2019	19/04/2019	1, 2, 3, 4, 5, 6, 7
Examination	50 %	31/05/2019	28/06/2019	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. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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

As an elective undergraduate course it is expected that students will, on average, devote approximately 10 hours per week to this course. It will be expected that some weeks will involve considerably more than 10 hours, and others less, depending on whether students are preparing for seminar presentations or other forms of assessment

Examination(s)

There is an exam in this course. Please note that the date included in the assessment summary is indicative only. Students should ensure that they check the examinations schedule when it is released.

Assessment Task 1

Take-home exam

Details of Assessment: This is a problem-based take home exam on copyright law.

Nature of task: Compulsory. Non-completion of this task will result in a 0 for this assessment task.

Weighting: 50%       

Release: Available from 29 March 2019 via course wattle site.

Due date: 9am on 4 April 2019 to the Turnitin dropbox on Wattle. Please note that under the Australian National University’s Student Assessment (Coursework) Procedure there are no extensions for take-home exams. Late submissions (without an extension) will not be accepted.

Word limit: 2000 words.

Other requirements: All assignments must be 1.5 spaced in the body of the paper. All assignments must use Arial 12pt font in the body of the paper and must use Arial 10pt font in the footnotes. Quotations must not be in italics. Quotations of two or more lines must be indented in the text of the assignment in Arial 10pt font. Referencing must comply with AGLC 4.

Estimated return date: The assignments will be returned on 19 April 2019. A statement of general feedback will be circulated on 5 April 2019 and full statement will be supplied on 22 April 2019.

Assessment Criteria:

1.     Demonstrates an understanding of the issues relevant to the problem-based assignment

·       Accurate explanation of the relevant legal principles and authorities and recognition of the areas of controversy.

·       Thorough and appropriate research

·       Canvasses the issues at a level appropriate for an informed reader who has a good knowledge of copyright law principles.

2.     Is well written, accurate, and correctly referenced and formatted

·       Compliance with formatting requirements

·       Compliance with Australian Guide to Legal Citation (4th edition, 2018).

·       Clear and precise use of language

·       Conventional spelling, grammar and syntax

·       Avoidance of extraneous discussion or unnecessary language

·       Prose which is easy to read, and an argument which is easy to follow

3.     Provides a critical analysis of the material discussed in the problem-based assignment

·       Analysis of the issues within the problem questions demonstrates a high quality of legal reasoning

·       Develops legal arguments in a clear and logical manner

·       Explores the relevant arguments and counter-arguments

·       Demonstrates a sound knowledge of the adequate case law 

Assessment Task 2

Examination

Details of Task: A final exam.

Nature of Task: Compulsory. Non submission of this task will result in a 0 for this assessment task.

Weighting: 50%

Timing: During the examination period. Please note that the date included in the assessment summary is indicative only. Students should ensure that they check the examinations schedule when it is released.

Duration: 90 minutes writing time and 30 minutes reading time.

Permitted Materials: Any except ANU library books and excluded electronic devices

Estimated return date: After final results are released for Semester One via services office.

Assessment criteria:

• Demonstrates an understanding of the issues relevant to the problem-based assignment
• Accurate explanation of the relevant legal principles and authorities and recognition of the areas of controversy.
• Thorough and appropriate research
• Canvasses the issues at a level appropriate for an informed reader who has a good knowledge of intellectual property law principles.

Is well written, accurate and correctly formatted

• Compliance with formatting requirements as appropriate to a written exam
• Clear and precise use of language
• Conventional spelling, grammar and syntax
• Avoidance of extraneous discussion or unnecessary language
•  Prose which is easy to read, and an argument which is easy to follow

Provides a critical analysis of the material discussed in the problem-based questions and essay question

• Analysis of the issues within the problem questions demonstrates a high quality of legal reasoning
• Develops legal arguments in a clear and logical manner
• Explores the relevant arguments and counter- arguments
• Demonstrates a sound knowledge of the adequate case law

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community 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 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 University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

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 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 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