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Patents and Trade Secrets (LAWS90075)
Graduate courseworkPoints: 12.5Not available in 2018
Overview
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Patents are the law’s primary mechanism for providing incentive for the generation of inventions, and for regulating the use of inventions by others. Trade secrets are confidential details about commercial products and services, protection for which is available through the action to restrain a breach of confidence. This subject explores in detail the operation of the patent regime as it applies to inventions, and the relationship between patent protection and trade secrets protection. The principle topics considered include:
- The international framework for protection of patentable inventions and trade secrets;
- The subject matters capable of protection by a patent;
- The requirements for the grant of a valid patent;
- The exclusive rights granted by a patent;
- The exceptions and limitations to the exclusive rights provided by a patent;
- The subject matter of, and requirements for, trade secrets protection;
- The scope of protection provided to trade secrets; and
- The relationship between patent protection and trade secrets protection.
Intended learning outcomes
A student who successfully completes this subject will be able to:
- Demonstrate an advanced and integrated understanding of the nature and policy roles within private law of the legal regimes providing for the grant of patents and for trade secrets protection;
- Manifest detailed and advanced knowledge of the principles that inform the requirements for protection of subject matters within those legal regimes;
- Demonstrate an advanced understanding of the legal principles that determine the scope of rights in those subject matters;
- Apply that understanding to complex problems that require resolution of legal and policy ambiguities and critical analysis and synthesis of information, so as to develop reasoned conclusions as to likely outcomes in judicial proceedings informed by a sophisticated and detailed understanding of the public policy issues that are implicated by the legal regimes; and
- Interpret and transmit that analysis to others.
Generic skills
A student who successfully completes Patents and Trade Secrets will have developed a capacity to:
- Assess the nature and role of the legal regimes providing for the grant of patents and for trade secrets protection within broader economic and moral context;
- Evaluate those regimes against defined policy objectives;
- Analyse judgments, statutes and secondary materials which relate to those regimes; and
- Rrite legal assessments of particular scenarios in which patent law and trade secrets law issues are implicated, including being able to comment on the desirability of the application of the law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts |
Semester 1 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50027 | Dispute Resolution | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50030 | Property | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50031 | Legal Theory |
Semester 2 (On Campus - Parkville)
November (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
Students cannot enrol in this subject if they have previously undertaken either of the following subjects:
LAWS50057 Property in Invention and Creation
LAWS50057 Copyright and Patents
LAWS70021 Patemty Law
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50057 | Copyright and Patents | Not available in 2024 |
12.5 |
LAWS70021 | Patent Law | June (On Campus - Parkville) |
12.5 |
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
- 30 minute multiple choice test taken at the end of the fourth day of teaching (15%);
- 6,000 words take-home exam during the examination period two weeks after the completion of teaching (85%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2018
Time commitment details
144 hours
Additional delivery details
Quota: This subject has a quota of 60 students. Please refer to the Melbourne Law School website for the JD Quota Elective selection process.
Pre-teaching period requirements: During the pre-teaching period, 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.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
- Specialist printed materials will be made available from the Melbourne Law School.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor
Last updated: 3 November 2022