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Intellectual Property Protection in Asia (LAWS90298)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
December
Teaching staff:
Irene Calboli (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | December |
|---|---|
| Fees | Look up fees |
This subject focuses on Intellectual Property (IP) protection in the Asia-Pacific region. Fuelled by its rising geopolitical importance, the region presents a complex and evolving landscape for IP rights. In this subject we will undertake a critical and comparative analysis of IP laws across key economies like China, India, Japan, and Southeast Asian countries.
Our analysis will encompass large, developed economies and smaller, developing ones. Furthermore, we will explore how recent trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), alongside various free trade agreements within the region and with major players like the US and EU, are shaping not only the regional but also the international landscape of IP protection.
Principal topics will include:
- Comparative IP Law: This will be the core focus, examining similarities and differences in legal frameworks for IP protection across key Asian economies. It will include patents, trademarks, copyrights, trade secrets, and potentially other forms of IP.
- Impact of Trade Agreements: The subject will explore how recent agreements like RCEP, CPTPP, and various free trade agreements within and beyond the region (US, EU) affect IP protection in the Asia-Pacific.
- Emerging Issues: The subject will examine current challenges and opportunities in the region, such as IP enforcement, technology transfer, and the protection of traditional knowledge.
- Practical Applications: The subject will provide practical insights for practitioners seeking to advise parties who want to protect and commercialize their IP assets in the Asia-Pacific market.
Intended learning outcomes
On completion of this subject, students should be able to:
- Recognise and examine in detail the concepts, issues, and rules of IP law and its relationship with international trade in general and trade in the Asia-Pacific region in particular;
- Differentiate between the legal frameworks for IP protection in various Asian-Pacific jurisdictions, including understanding analysing the similarities and differences between countries in the region and the underlying public policies and economic concepts based on the respective national IP laws;
- Appraise and interpret the laws and leading cases of the individual Asia-Pacific countries discussed in the subject;
- Identify legal issues, explain and apply relevant legal principles, and generate solutions to legal problems arising in relevant factual contexts concerning IP protection in countries in Asia-Pacific.
- Discuss and compare major bilateral and plurilateral free trade agreements negotiated and adopted in the region.
Generic skills
- Effectively communicate complex legal ideas, concepts and issues in IP law and their relationship to international trade and legal frameworks;
- Design, conduct and produce a research paper in the area of IP law in the Asia-Pacific region;
- Investigate, evaluate, synthesise and apply legal principles related to factual IP protection scenarios.
Last updated: 26 September 2024