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Intellectual Property Dispute Resolution (LAWS90178)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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The practice of intellectual property (IP) dispute resolution has a number of special features which mark it out from general civil litigation. Obtaining (or resisting) interim remedies can be crucial. IP disputes can take place in non-court settings – e.g. in opposition proceedings before IP Australia – and so may be heard by a non-legally qualified decision-maker. The disputes can – and in the case of patents, invariably will – concern technology. Careful and persuasive explanation of the technology will be required, especially before a tribunal without a scientific training. IP disputes can require specific evidence-gathering – such as experiments and surveys, and special approaches to discovery – for which particular rules and practices have developed. Expert witnesses of the highest calibre often give evidence. Challenging a Nobel Laureate on his or her own subject may be required, and the legal team has to prepare for that. IP disputes are often highly international in nature. Essentially the same dispute can be litigated in numerous jurisdictions, constraining the presentation of the case and generating foreign decisions on the same case. The ability to compare and contrast Common Law and Civil Code systems is useful.
Through a combination of instruction and hands-on application, this subject teaches and develops the skills and practices of advocacy and evidence-gathering used across the range of IP disputes.
Intended learning outcomes
A student who has successfully completed this subject will:
- Develop the skills for presenting a range of different kinds of IP case, including disputes involving patents, trade marks, copyright and designs.
- Identify the main sources of evidence likely to be required in order to argue and defend an IP dispute.
- Understand the main differences between major international IP jurisdictions and apply that knowledge in the preparation and presentation of a case.
- Analyse technical subject matter and develop the skills to communicate technical issues to specialist and non-specialist tribunals.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Prior knowledge of the essentials of intellectual property law will be assumed but a detailed understanding is not necessary.
A willingness to engage with technology is necessary but no formal scientific training is required.
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
September
| Description | Timing | Percentage |
|---|---|---|
A written assessment of an IP case study which will include: identifying sources of evidence (30%), comparing jurisdictions (30%) and analyzing technical subject matter (10%)
| 11 November | 70% |
An in-class exercise involving a short presentation of an IP dispute
| During the teaching period | 20% |
Class participation | During the teaching period | 10% |
| Hurdle requirement: Minimum of 75% attendance is required. | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of 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.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available from Melbourne Law School prior to the pre-teaching period.
- 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-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 30 January 2024