Designs Law and Practice (LAWS70261)
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
Lecturer
Dr Warwick Rothnie, Coordinator
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.
Design plays a critical role in the production and marketing of goods. Adequate protection of designs is important in order to encourage the creation of innovative products and thus enhance the Australian and New Zealand economies. This subject is primarily concerned with the laws in both countries. It will focus first on the registered regimes for protecting designs under the Designs Act 2003 (Cth) and parts of the Designs Act 1906 (Cth), as well as the protection of designs as original artistic works under the Copyright Act 1968 (Cth). It will then deal with the differences of law and practice that arise under the Designs Act 1953 (NZ) and the Copyright Act 1994 (NZ).
This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group I’.
Principal topics include:
- Registrable designs: definition of design and registrability requirements
- Application and registration procedures and Designs Office practice
- Duration of registration and removal procedures
- Registration, examination, certification and infringement
- Defences to, and remedies for, infringement
- Validity and infringement of designs registered under the Designs Act 1906 (Cth)
- Ownership, transfer and exploitation of design rights
- Rectification and correction of the Register
- Artistic works protected by copyright and the designs/copyright overlap
- Relationship of designs protection to innovation patents under the Patents Act 1990
- The treatment of registered designs under New Zealand law and the availability of copyright protection for designs under New Zealand law
- International conventions and the protection of designs.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the principles of Australian and New Zealand law relating to the protection of industrial designs, both under the registered designs system and the law of artistic copyright, including issues of practice and recent developments in this field of law
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field, including issues of registrability, the scope of registered design protection, and the designs-copyright overlap
- Have a sophisticated appreciation of the factors and processes driving governmental and parliamentary revision of the legal framework in this field
- Have a sound understanding of situations in which issues of the legal protection of industrial designs arise in the context of dealings with clients
- Have an appreciation of the complexity of the legal regimes relating to the protection of industrial designs in an international and comparative context
- Have the cognitive and technical skills to generate critical and creative ideas relating to the protection of the industrial designs of clients and to critically evaluate existing legal principles and practice issues in an independent and creative fashion
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to designs law and practice
- Have the communication skills to clearly articulate and convey complex information regarding the protection of industrial designs to relevant specialist and non-specialist audiences, including clients
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of industrial designs law and practice.
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 |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home examination
| 8 - 11 January 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 |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- November
Principal coordinator Warwick Rothnie Mode of delivery On Campus (Parkville) Contact hours 34 hours Total time commitment 150 hours Pre teaching start date 21 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 18 November 2020 to 24 November 2020 Last self-enrol date 26 October 2020 Census date 19 November 2020 Last date to withdraw without fail 14 December 2020 Assessment period ends 11 January 2021 November contact information
Lecturer
Dr Warwick Rothnie, 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
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Intellectual Property Law Course Master of Intellectual Property Law Course Master of Laws Course Graduate Diploma in Legal Studies - 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