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Fundamentals of Intellectual Property (LAWS90125)
Graduate courseworkPoints: 12.5Online
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
August
Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | August - Online |
---|---|
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 students studying 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 patent, design and copyright laws, are directed at the encouragement and protection of innovations in science, technology and cultural goods. IP laws, including trade mark and unfair competition laws, also protect brands, reputations and other important commercial interests. There is a potential for conflict between these laws and competition laws, and this interface will be discussed. The subject will also introduce the international framework of treaties under which the owners of IP from one country can seek protection in another country.
Completion of Module 1 of this subject (Overview of Intellectual Property; two half-day seminars) 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 IP and rationales for IP laws
- Patents, including:
- Subject matter
- Registration process
- Conditions for protection
- Exclusive rights and infringement
- Defences
- Protection of confidential information and trade secrets under general law
- Registered designs
- Copyright and neighbouring rights, including:
- Subject matter protected
- Conditions for protection
- Duration
- Exclusive rights
- Exceptions
- Licensing and exploitation
- Trade marks and unfair competition, including:
- Protection for registered marks
- Protection for unregistered marks
- Sui generis regimes of protection: geographic indications, plant breeder's rights and circuit layouts
- International IP treaties
- IP 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 IP in Australia and of the policy objectives underlying these regimes
- Have a general appreciation of the international framework of protection for IP
- Have an appreciation of the interface between IP 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 sound appreciation of the factors and processes driving rIP law reform 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 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
August
Description | Timing | Percentage |
---|---|---|
Multiple-choice test
| Available 13 - 17 September 2021 | 20% |
Take-home examination
| 8 - 11 October 2021 | 80% |
Hurdle requirement: A minimum of 75% attendance at online seminars. | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- August - Online
Coordinator Ben Hopper Mode of delivery Online Contact hours The final two days of this subject may include some on-campus activities if suited to the enrolled cohort. Total time commitment 150 hours Pre teaching start date 21 July 2021 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 August 2021 to 31 August 2021 Last self-enrol date 26 July 2021 Census date 19 August 2021 Last date to withdraw without fail 8 October 2021 Assessment period ends 17 November 2021 August contact information
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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 3 November 2022
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: 3 November 2022