• Offered by ANU School of Legal Practice
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law, Legal Practice
  • Academic career PGRD
  • Mode of delivery Online

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:

  1. On successful completion of this course, a student/participant will be able to:
  2. (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;
  3. (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;
  4. (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;
  5. (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;
  6. (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
  7. (f) Autonomously design, theorise, plan, execute and evaluate a substantial research-based project on an intellectual property law topic.
  8. 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.
  9. 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:
  10. - Government Lawyers and Government Contract Managers;
  11. - Research Managers;
  12. - Private Sector Lawyers;
  13. - In-House Corporate Lawyers; and
  14. - 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

  1. Assessment will comprise: (null) [LO null]
  2. (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% (10) [LO null]
  3. (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% (20) [LO null]
  4. (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% (20) [LO null]
  5. (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% (50) [LO null]

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.

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) and have completed or be completing five 1000 or 6100 level LAWS courses; 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

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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
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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