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Patents and Trade Secrets (LAWS90075)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
Semester 2
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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. The principle topics considered include:

  • 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: 31 January 2024

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
Not available in 2024
 12.5
LAWS70021 Patent Law
May (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: 31 January 2024

Assessment

DescriptionTimingPercentage

Participation

Throughout the teaching period15%

Take-home exam, will be completed in groups.

  • 6000 words
Late in the teaching period85%

Additional details

The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 31 January 2024

Quotas apply to this subject

Dates & times

  • Semester 2
    Principal coordinatorAndrew F. Christie
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment144 hours
    Teaching period22 July 2024 to 20 October 2024
    Last self-enrol date 2 August 2024
    Census date 2 September 2024
    Last date to withdraw without fail20 September 2024
    Assessment period ends15 November 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 an enrolment quota of 60 students.

All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.

Please refer to the Melbourne Law School website for further information about the management of subject quotas.

Last updated: 31 January 2024

Further information

  • Texts

    Prescribed texts

    Specialist materials will be made available via the LMS.

  • Related Handbook entries

    This subject contributes to the following:

    TypeName
    CourseJuris Doctor
  • 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