LAW323 Intellectual Property Law

UNE has cancelled in-person, paper-based exams for Trimester 1 per government advice to avoid large indoor gatherings. Instead, all exams will either be transferred to other modes of assessment, or offered online. We are working as quickly as possible to update the published information regarding unit assessments but warn that the information contained here may be inaccurate or subject to change. Information about assessment changes will be provided to student via individual Moodle unit sites as they become available. Immediate information on online exams is available on UNE's Online Supervised Exams page.

Updated: 17 April 2020
Credit Points 6
Offering
Location Teaching Period Mode of Study
Armidale Trimester 2 Online
Intensive School(s) None
Supervised Exam There is no supervised examination.
Pre-requisites 36cp in Law including LS100 or LAW100; or candidature in LLM from 2015 (rule b - Australian); or candidature in LLM from 2015 (rule b - non-Australian) and LLM533; or candidature in LLM from 2015 (rule c) and 36cp including LLM533
Co-requisites None
Restrictions LAW331 or LS331 or LLM523
Notes None
Combined Units LLM523 - Intellectual Property Law
Coordinator(s) Anne Fitzgerald (afitzg27@une.edu.au)
Unit Description

Intellectual property law is fast moving and controversial. It forms the foundation for high technology industries as well as a support for the expression of culture. Issues arise anywhere from Nike shoes to Harry Potter films, from computer games to the recipe for Coke, from a grain of wheat to AIDS drugs in Africa, from the youtube mashup to the machinations of global geo-politics. This unit introduces you to the world of intellectual property. You will study the national and international framework of intellectual property laws together with current public policy and law reform controversies. You will also focus your attention on the main branches of intellectual property law, namely: copyright; patents; trademarks and designs.

Prescribed Material
Mandatory

Text(s):

Note: Students are expected to purchase prescribed material. Please note that textbook requirements may vary from one teaching period to the next.

Introduction to Intellectual Property

ISBN: 9780455233710
Fitzgerald, A. and Eliades, D., Thomson Reuters/Lawbook Co 2015

Note: Electronic devices are not permitted in a paper-based exam. Therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in a paper-based open book exam. If the unit has an online supervised exam and you choose to sit the open book exam online (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if it is on the desktop/laptop computer.

Text refers to: Trimester 2, Online

Recommended Material
Optional

Text(s):

Note: Recommended material may be held in the University Library - purchase is optional

Australian Intellectual Property Law

ISBN: 9781108746953
Davison, M., Monotti, A. and Wiseman, L., Cambridge University Press 4th ed. 2020

Note: Electronic devices are not permitted in a paper-based exam. Therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in a paper-based open book exam. If the unit has an online supervised exam and you choose to sit the open book exam online (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if it is on the desktop/laptop computer.

Text refers to: Trimester 2, Online

Nutshell: Intellectual Property

ISBN: 9780455236490
Fitzgerald, A. and Eliades, D., Thomson Reuters 4th ed. 2015

Note: Electronic devices are not permitted in a paper-based exam. Therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in a paper-based open book exam. If the unit has an online supervised exam and you choose to sit the open book exam online (go to Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if it is on the desktop/laptop computer.

Text refers to: Trimester 2, Online

Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment
Must
Complete
Title Exam Length Weight Mode No. Words
Compulsory Research Essay 40% 2400
Relates to Learning Outcomes (LO)

LO: 1-4

Compulsory Take Home Exam 60% 2000
Relates to Learning Outcomes (LO)

LO: 1-4


Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. demonstrate a highly-developed understanding of the principles of Australian intellectual property law and how it is influenced by technological change; government policies based on economic and social rationales; and international treaties;
  2. use cognitive and creative skills to exercise critical thinking and judgement in analysing the legal risks and liabilities involved in using the intellectual property of others; contributing to public policy debates about intellectual property law and the desirability of law reform; and an awareness of the global dimension of intellectual property law and the implications this has for developing policy and the law into the future;
  3. use initiative and judgement to identify and critically analyse, synthesise, and consolidate a persuasive and coherent legal argument that applies intellectual property law principles, the relevant regulation and theoretical insights, to suggest appropriate actions and remedies for damage arising from infringing intellectual property rights e.g., rights relating to copyright, patent, design and trademark; and
  4. demonstrate a well-developed ability to act autonomously to present a clear and coherent exposition of the relevant knowledge that evidences legal research, legal reasoning and professional judgment to questions relating to intellectual property issues.