Internat.Issues in Intellectual Property (LAWS70242)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
December
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Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law. 

This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.

Indicative list of principal topics:

  • Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
  • Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
  • Human rights, IP and the development agenda
  • IPRs and public health
  • IPRs and food security
  • Biotechnology, access to genetic resources and traditional knowledge
  • Access to knowledge
  • The protection of names, marks and other identifiers and content, with particular reference to the internet
  • Dispute settlement and private international law issues.

 

 

Intended learning outcomes

A student who has successfully completed this subject will:

Have an advanced and integrated understanding of:

  • the institutional architecture for the formulation and implementation of intellectual property policy internationally and, to a lesser extent, regionally;
  • the main treaties establishing international intellectual property norms and the dispute settlement machinery for international intellectual property disputes, both private and public; and
  • the issues and trends that are at the centre of current discussions and negotiations for the further development or modification of the international intellectual property system

They further will:

  • Be able to critically examine, analyse, interpret and assess the role and effectiveness of these different international regimes
  • Be an engaged participant in debates regarding emerging and contemporary issues in the field, including the impact of trade-related IPRS, human rights perspectives and the general issue of third party access to material protected by IPRs
  • Have the cognitive and technical skills to generate critical and creative ideas relating to the international protection of IPRs and to critically evaluate existing and emerging theories, principles and concepts in this field
  • Have a sophisticated appreciation of the factors and processes driving these developments at the international level
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in this field.
  • Have the communication skills to clearly articulate and convey complex information regarding issues in this field to relevant specialist and non-specialist audiences, including to policy makers at the national and international levels

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

Students must meet one of the following prerequisite options:

Option 1

Admission into a Melbourne Law Masters program

Option 2

Admission into the MC-JURISD Juris Doctor

AND

One of

Code Name Teaching period Credit Points
LAWS50057 Copyright and Patents No longer available
LAWS90074 Copyright and Designs
Semester 2 (On Campus - Parkville)
December (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers. 

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Option 1: Take-home examination

  • 6000 words
16 -19 January 2026100%

Option 2: Research paper on a topic approved by the subject coordinator

  • 6000 words
21 January 2026100%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

  • December
    Principal coordinatorGraeme Austin
    Mode of deliveryOn Campus (Parkville)
    Contact hours26
    Total time commitment150 hours
    Pre teaching start date 5 November 2025
    Pre teaching requirementsPlease refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. 
    Teaching period 3 December 2025 to 9 December 2025
    Last self-enrol date10 November 2025
    Census date 5 December 2025
    Last date to withdraw without fail16 January 2026
    Assessment period ends20 February 2026

    December contact information

    Teaching staff:  

    Graeme Austin (Subject Coordinator)  
      
    For current student enquiries, contact the Law School Academic Support Office  

What do these dates mean

Visit this webpage to find out about these key dates, including how they impact on:

  • Your tuition fees, academic transcript and statements.
  • And for Commonwealth Supported students, your:
       -  Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
     

    Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.

Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025

Further information

Last updated: 4 March 2025