• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Mode of delivery In Person

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:

  1. Articulate and critically analyse the core principles of intellectual property law from an international law perspective;
  2. Define and contrast the comparative roles of the various elements of the international system which deal with intellectual property law;
  3. Describe and critically analyse international policy issues concerning intellectual property;
  4. Demonstrate an advanced understanding of the issues concerning intellectual property and development;
  5. Demonstrate an advanced and integrated understanding of the interaction between intellectual property law and legal mechanisms on trade, environment, and human rights;
  6. Demonstrate familiarity with the jurisprudence and procedure of the application of the WTO dispute settlement mechanism to intellectual property disputes;
  7. 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
  8. Plan and execute complex legal research with independence in order to produce original scholarship in the field of international intellectual property law.

Indicative Assessment

  1. A review essay (2,000 words) (30) [LO 1,2,3,4,5,6,7,8]
  2. 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

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SEVNL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL), Master of Legal Practice (MLEGP), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL); OR Juris Doctor (7330XJD, 7330HJD or MJD), have completed or be completing five 1000 or 6100 level LAWS courses and have completed LAWS2250/LAWS6250 International Law; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL); OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

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.  

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
Domestic fee paying students
Year Fee
2019 $3840
International fee paying students
Year Fee
2019 $5460
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

There are no current offerings for this course.

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