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Internat.Issues in Intellectual Property (LAWS70242)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
December
Lecturers
Professor Sam Ricketson, Coordinator
Dr Ian Heath
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | December |
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Fees | Look up fees |
Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law. Both lecturers have had extensive experience in international intellectual property matters, and bring to the subject both academic and practical perspectives that add greatly to its interest and relevance.
This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.
Principal topics include:
- Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
- Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
- Human rights, IP and the development agenda
- IPRs and public health
- IPRs and food security
- Biotechnology, access to genetic resources and traditional knowledge
- Access to knowledge
- The protection of names, marks and other identifiers and content, with particular reference to the internet
- Dispute settlement and private international law issues.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of:
- the institutional architecture for the formulation and implementation of intellectual property policy internationally and, to a lesser extent, regionally;
- the main treaties establishing international intellectual property norms and the dispute settlement machinery for international intellectual property disputes, both private and public; and
- the issues and trends that are at the centre of current discussions and negotiations for the further development or modification of the international intellectual property system
- Be able to critically examine, analyse, interpret and assess the role and effectiveness of these different international regimes
- Be an engaged participant in debates regarding emerging and contemporary issues in the field, including the impact of trade-related IPRS, human rights perspectives and the general issue of third party access to material protected by IPRs
- Have a sophisticated appreciation of the factors and processes driving these developments at the international level
- Have the cognitive and technical skills to generate critical and creative ideas relating to the international protection of IPRs and to critically evaluate existing and emerging theories, principles and concepts in this field
- Have the communication skills to clearly articulate and convey complex information regarding issues in this field to relevant specialist and non-specialist audiences, including to policy makers at the national and international levels
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in this field.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of either of the below subject:
- LAWS50057 Property in Invention and Creation
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50057 | Copyright and Patents | Not available in 2024 |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (8,000 words) (100%) (16 - 21 January 2019)
or - Problem exercise (40%) (16 - 18 January 2019)
- 5,000 - 6,000 word research paper (60%) (25 February 2019) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- December
Principal coordinator Sam Ricketson Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 5 November 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 3 December 2018 to 7 December 2018 Last self-enrol date 31 October 2018 Census date 3 December 2018 Last date to withdraw without fail 18 January 2019 Assessment period ends 25 February 2019 December contact information
Lecturers
Professor Sam Ricketson, Coordinator
Dr Ian HeathEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022