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Fundamentals of Intellectual Property (LAWS90125)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
March
Lecturer
Ms Lindy Golding (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March |
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Fees | Look up fees |
Fundamentals of Intellectual Property provides a good introduction to intellectual property (IP) for students wishing to pursue more specialised graduate studies in this area. It also provides a general overview of IP law for Australian and non-Australian students who are seeking this as part of an overall commercial and trade law program.
The objective of this subject is to provide an introduction to, and general overview of, the various Australian legal regimes protecting IP. IP laws, including those with respect to patents, designs and copyright, are directed at the encouragement and protection of innovations in science, technology and cultural products. They also operate, through the laws of trade marks and unfair competition, to provide protection for the later stages of development at which these innovations are disseminated and marketed. There is a potential for conflict between these laws and competition laws, and this interface will be discussed, together with an introduction to the international framework of treaties under which the owners of IP rights (IPRs) from one country can seek protection in another.
Completion of the first day of this subject (Overview of Intellectual Property one day seminar) meets the requirements of the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group A2’.
Note: If you enrol in Fundamentals of Intellectual Property (LAWS90125), you do not need to enrol in Overview of Intellectual Property.
Principal topics include:
- Introduction to the concept of and rationales for IPRs
- Models used for the protection of IP (the patent model, the copyright model and variations of both)
- Patents for invention, including:
- Registration process
- Subject matter
- Conditions for protection
- Exclusive rights and infringement
- Defences
- Innovation patents
- Protection of confidential information and trade secrets under general law
- Registered designs
- Copyright and allied rights, including:
- Subject matter protected - works and other subject matter
- Conditions for protection
- Duration
- Exclusive rights
- Exceptions
- Licensing and exploitation
- Trade marks and unfair competition
- Protection for unregistered marks and other indicia through common law and equity
- Protection for registered marks
- Sui generis regimes of protection: geographic indications, plant breeder's rights, circuit layouts and other systems of protection
- International treaty framework for IPRs
- IPRs and competition law.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have a general and integrated understanding of the legal regimes concerned with the acquisition, maintenance, protection and exploitation of IPRs in Australia and of the policy objectives underlying these regimes
- Have a general appreciation of the international framework of protection for IPRs
- Have an appreciation of the interface between IPRs and competition laws
- Be able to critically examine, analyse, interpret and assess the effectiveness of these different legal regimes
- Have the skills and ability to apply their knowledge to new situations encountered in their professional lives, whether as practising lawyers and attorneys or otherwise
- Have a solid foundation knowledge to pursue other more advanced subjects in IP law in the Melbourne graduate programme
- Have a sound appreciation of the factors and processes driving revision of the legal framework in Australia.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 3 November 2022
Assessment
Additional details
- Multiple-choice test (20%)
- Take-home examination (3,000 to 4,000 words) (80%) (3 - 6 May)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 18 February 2019 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 18 March 2019 to 22 March 2019 Last self-enrol date 31 January 2019 Census date 18 March 2019 Last date to withdraw without fail 12 April 2019 Assessment period ends 6 May 2019 March contact information
Lecturer
Ms Lindy Golding (Coordinator)
Email: 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 materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- 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.
- 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