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Fundamentals of Intellectual Property (LAWS90125)
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
February
Lecturer
Ms Lindy Golding (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
August
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) | February August |
---|---|
Fees | Look up fees |
This subject will be delivered online in 2020 over the scheduled dates.
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 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 and New Zealand 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: 30 January 2023
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: 30 January 2023
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
August
Description | Timing | Percentage |
---|---|---|
Multiple-choice test | Available 17 - 21 August | 20% |
Take-home examination
| 18 - 21 September | 80% |
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 |
February
Description | Timing | Percentage |
---|---|---|
Multiple-choice test | Available 16 - 20 March | 20% |
Take-home examination
| 3 - 6 April | 80% |
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: 30 January 2023
Quotas apply to this subject
Dates & times
- February
Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 30 January 2020 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 27 February 2020 to 4 March 2020 Last self-enrol date 4 February 2020 Census date 27 February 2020 Last date to withdraw without fail 13 March 2020 Assessment period ends 6 April 2020 February contact information
Lecturer
Ms Lindy Golding (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - August
Coordinator Lindy Golding Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 6 July 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 3 August 2020 to 7 August 2020 Last self-enrol date 10 July 2020 Census date 4 August 2020 Last date to withdraw without fail 31 August 2020 Assessment period ends 21 September 2020 August contact information
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: 30 January 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in 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: 30 January 2023