Patents and Trade Secrets (LAWS90075)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 1
Teaching staff:
Andrew Christie (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 1 |
|---|---|
| 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 either an action for breach of contract or an action in equity to restrain a breach of confidence. This subject explores in detail the law, policy and practice of the patent regime, of the trade secrets protection mechanisms, and of the relationship between the two.
Indicative list of principal topics:
- 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 infringement, and the defences to infringement, of 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
- Write 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: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | 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) |
12.5 |
Corequisites
None
Non-allowed subjects
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50057 | Copyright and Patents | No longer available | |
| LAWS70021 | Patent Law | April (On Campus - Parkville) |
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Participation | Throughout the teaching period | 15% |
Take-home exam, will be completed in groups.
| Late in the teaching period | 85% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 1
Principal coordinator Andrew F. Christie Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 March 2025 to 1 June 2025 Last self-enrol date 14 March 2025 Census date 31 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 27 June 2025 Semester 1 contact information
Teaching staff:
Andrew Christie (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
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025