Competition Law & Intellectual Property (LAWS70208)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
About this subject
Contact information
November
Lecturers
Arlen Duke, Coordinator
Professor Megan Richardson
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
| Availability(Quotas apply) | November |
|---|---|
| Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
Intellectual property rights support innovation through the offer of a temporary 'monopoly’ to creators and inventors. However, such rights can also impede competition and downstream innovation. Poorly designed intellectual property rules can help rights holders obstruct new players by impeding their access to technology and content. A carefully designed and dynamic intellectual property system can, by contrast, promote competition and enable follow-on innovation. The interaction of intellectual property and competition law is especially crucial here. Taught by two experts in the fields of competition law and intellectual property, this subject examines how competition law regulates intellectual property and vice versa. Relevant Australian and comparable law will be examined, along with case studies in topical areas such as platform liability, big data, file-sharing and luxury brands.
This subject provides an examination of the interface between the legal property rights created by intellectual property statutes and at common law, and the body of law that controls and regulates anti-competitive practices.
Principal topics include:
- Policy goals of intellectual property and competition law
- Regulatory approaches and law reform
- Limitations and controls placed over the grant, subsistence, scope and infringement of intellectual property rights under statutory and common law regimes
- Part IV of the Competition and Consumer Act 2010 (Cth)
- Dealings in intellectual property under intellectual property and competition statutes.
- Statutory and compulsory licensing, and remedies
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of key principles of competition law and intellectual property in Australia and comparable jurisdictions
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal principles
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to competition law and intellectual property
- Be an engaged participant in debate regarding emerging and contemporary issues in the field
- Have a sophisticated appreciation of the factors and processes driving law reform
- Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the communication skills to clearly articulate and convey complex information regarding competition law and intellectual property to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of competition law and intellectual property
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 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
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
| Description | Timing | Percentage |
|---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 10% |
Assessment 2, Option 1: Take-home examination
| 15 - 18 January 2021 | 90% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 3 March 2021 | 90% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- November
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 26 October 2020 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 23 November 2020 to 27 November 2020 Last self-enrol date 30 October 2020 Census date 24 November 2020 Last date to withdraw without fail 18 January 2021 Assessment period ends 24 February 2021 November contact information
Lecturers
Arlen Duke, Coordinator
Professor Megan Richardson
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
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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.
- Available to Study Abroad and/or Study Exchange Students
Last updated: 3 November 2022