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US Intellectual Property Law (LAWS70406)
Graduate coursework level 7Points: 12.5Not available in 2024
Overview
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Intellectual property is an increasingly contested field – both nationally and internationally. Different states’ intellectual property laws manifest different attitudes towards the defining policy tension in this field of law: how to encourage and reward innovative activity, while ensuring that intellectual property does not raise intolerable barriers to market entry or impede fundamental rights and freedoms. This subject provides an overview of key United States intellectual property doctrines, statutes and principles, and will help students understand some of the ways the United States addresses these issues through its intellectual property laws. Before taking up his joint positions of Professor of Law at Melbourne Law School and Chair in Private Law at Victoria University, Professor Austin directed the intellectual property program at the University of Arizona College of Law.
Principal topics will include:
- Copyright protection for data-rich products
- Prohibitions on copyright and trade mark protections for ‘useful articles’
- Work for hire rules in copyright
- The ‘fair use’ exception to copyright
- Indirect liability for copyright infringement
- Establishment of trade mark rights under state and federal laws, including ‘intent to use’ applications
- Trade mark infringement
- Forms of abandonment of trade marks, including by naked licensing
- Patentable subject matter and standards for patentability
- Scope of patent and trade secret rights
- Remedies.
Intended learning outcomes
A student who has successfully completed this subject should:
- Understand key principles relating to the protection of copyrights, trade marks, patents, and trade secrets under US federal, and, where relevant, state laws
- Appreciate the relevance of US intellectual property laws to domestic firms’ export activities
- Understand the structure of the US intellectual property system, including the relationship between federal, state and international law
- Understand the constitutional foundations of US intellectual property laws and the continuing relevance of US constitutional law to the scope of intellectual property rights
- Appreciate key similarities and differences between US and Australian intellectual property laws
Last updated: 30 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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Take-home examination | 100% |
Last updated: 30 January 2024
Dates & times
Not available in 2024
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Graduate Diploma in Intellectual Property Law Course Master of Intellectual Property Law - Links to additional information
law.unimelb.edu.au
- 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-admissions@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: 30 January 2024