Copyright and Patents (LAWS50057)

Graduate coursework level 5Points: 12.5Not available in 2019

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Overview

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This subject is concerned with the grant of proprietary rights over the products of the intellect - i.e. with intellectual property. The particular intellectual property subject matters considered are creative works and industrial inventions. Copyright and patents are the legal means for granting exclusivity to these subject matters that are explored in detail. It is a field of great private and public significance. The economy is increasingly driven by intellectual property, meaning that this is a major area of private commercial interest. But it is also an area of growing public controversy, in which the need to provide incentives and protection for private endeavour must be weighted against societal interests in accessing valuable information-based goods.

The principal topics covered in the subject are:

  • Copyright - the protection of works and other subject matter under the Copyright Act 1968 (Cth);
  • Design registration - the protection for distinctive-looking mass-produced items under the Designs Act 2003 (Cth), and its relationship with copyright protection;
  • Patents - the protection of inventions under the Patents Act 1990 (Cth); and
  • Breach of confidence - the protection of trade secrets under the equitable action to restrain a misuse of confidential information, and its relationship to patent protection.

Intended learning outcomes

A student who successfully completes this subject will be able to:



  • Appreciate the nature and policy roles of copyright and patents as legal regimes within private law;
  • Recognise the correct categorisation of subject matter within those legal regimes;
  • Determine the nature of exclusion associated with ownership or control of subject matter within those legal regimes;
  • Understand the relationship of protection for registered designs with copyright, and of protection for confidential information with patents;
  • Apply the legal regimes in particular scenarios to resolve ambiguity and arrive at reasoned conclusions as to what outcomes may pertain in a court; and
  • Critically analyse and evaluate those outcomes against the public policy roles of the legal regimes.

Generic skills

A student who successfully completes this subject will have developed a capacity to:

  • Assess the nature and role of copyright and patent law within broader economic and moral context;
  • Evaluate those intellectual property laws against defined policy objectives;
  • Analyse judgments, statutes and secondary materials which relate to copyright and patent law; and
  • Write legal opinions on particular scenarios in which copyright and patent 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)
 12.5
LAWS50026 Obligations
Semester 1 (On Campus - Parkville)
 12.5
LAWS50027 Dispute Resolution
Not available in 2019
 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
December (On Campus - Parkville)
July (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
Summer Term (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:

Code Name Teaching period Credit Points
LAWS70207 Copyright Law
May (On Campus - Parkville)
 12.5
LAWS70021 Patent Law
October (On Campus - Parkville)
February (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

  • 3,000-word take-home examination focussing predominantly on copyright issues (50%);
  • 3,000 word take-home examination focussing predominantly on patent issues (50%).

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 2019

Time commitment details

168 hours

Additional delivery details

This subject has a quota.

Last updated: 3 November 2022

Further information

  • Texts

    Prescribed texts

    • Specialist printed materials will also be made available from the Melbourne Law School.
  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseJuris Doctor
  • Available to Study Abroad and/or Study Exchange Students

    This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.

Last updated: 3 November 2022