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Patents and Trade Secrets (LAWS90075)
Graduate courseworkPoints: 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
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
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) | Semester 2 |
---|---|
Fees | Look up fees |
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 in equity 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)
April (On Campus - Parkville)
|
12.5 |
LAWS50024 | Principles of Public Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
LAWS50025 | Torts |
November (On Campus - Parkville)
Semester 1 (On Campus - Parkville)
|
12.5 |
LAWS50026 | Obligations |
May (On Campus - Parkville)
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)
April (On Campus - Parkville)
|
12.5 |
LAWS50031 | Legal Theory |
November (On Campus - Parkville)
Semester 2 (On Campus - Parkville)
|
12.5 |
And one of:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students cannot enrol in this subject if they have previously undertaken any of the following subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50057 | Copyright and Patents | Not available in 2024 |
12.5 |
LAWS70021 | Patent Law | June (Online) |
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
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 |
---|---|---|
Participation | Throughout the teaching period | 15% |
Take-home exam, will be completed in groups.
| During the examination period | 85% |
Additional details
The due dates 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
- Semester 2
Coordinator Andrew F. Christie Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 144 hours Teaching period 3 August 2020 to 1 November 2020 Last self-enrol date 14 August 2020 Census date 21 September 2020 Last date to withdraw without fail 16 October 2020 Assessment period ends 27 November 2020
Additional delivery details
This subject has an enrolment quota of 60 students.
Enrolments occur on a first come, first served basis up to quota, except for the timely re-enrolment period. Timely enrolments enter a selection process, and unsuccessful enrolments are withdrawn.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris 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