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Competition Law, IP & Personality Rights (LAWS70208)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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Intellectual property rights support innovation through the grant of (usually time-limited) property rights to creators and inventors, along with certain protections for those responsible for developing and using trade marks. Personality rights acknowledge and protect rights of individuals and groups over their personal image and identity. Both types of rights – which broadly speaking are geared to fostering human creativity and invention, on the one hand, and human dignity and flourishing, on the other hand – enjoy a shifting and uneasy relationship with competition law which is geared (by and large) to fostering competitive markets and consumer welfare. The question, then, is how to ensure that in their conception, design, interpretation and application these laws can be drawn on to effectively balance interests to produce optimal human and social outcomes.
This subject examines the interface of competition law, intellectual property and personality rights in Australia and comparable jurisdictions. The subject will include case studies in topical areas such as big data, digital platforms, AI invention, file-sharing and online search.
Principal topics include:
- Theorising the interface of competition law, intellectual property, and personality rights
- Regulatory approaches and law reform
- Intellectual property rights under statutory and common law regimes
- The protection of personal data under the Privacy Act 1988 (Cth) (supplemented by the consumer protection provisions of the Australian Consumer Law) and common law regimes
- Basic competition principles of the Competition and Consumer Act 2010 (Cth)
- The interface of the above laws – balancing interests
- Comparable United States and European regimes and the interface between competition law, IP and personality rights under those regimes
- Topical case studies
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the interface of competition law, intellectual property and personality rights in Australia and comparable jurisdictions
- Be able to critically examine, analyse, interpret and assess the relevant legal principles and their interpretation and application
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to the interface of competition law, intellectual property and personality rights
- Be an engaged participant in debate regarding emerging and contemporary issues in the field
- Have a sophisticated appreciation of the factors and processes driving law reform
- Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts with creativity and autonomy
- Have the communication skills to clearly articulate and convey complex information regarding the interface of competition law, intellectual property and personality rights to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the fields of competition law, intellectual property and personality rights
Last updated: 31 January 2024
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 10% |
Assessment 2, Option 1: Take-home examination
| 28 - 31 July 2023 | 90% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 23 August 2023 | 90% |
Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
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 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: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- 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.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- 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: 31 January 2024