LAWS90094 International IP Dispute Settlement
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2017:
September, Parkville - Taught on campus.Show/hide 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.
Timetable can be viewed here.
For information about these dates, click here.
|Time Commitment:||Contact Hours: 24-26 hours |
Total Time Commitment:
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.
|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.
|Non Allowed Subjects:||None|
|Core Participation Requirements:|| |
The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
|Subject Overview:|| |
Intellectual property (IP) – how effectively it is protected and how it is balanced with other policy domains such as public health – occupies a central, if contested, place in international trade relations. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organization (WTO) system of multilateral trade law, in the form of the WTO TRIPS Agreement; rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by WIPO.
Yet recent years have seen a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result: an intricate array of overlapping substantive standards and parallel forums for dispute settlement. This subject enables the student to navigate this complex legal landscape and to deal with its consequences from the point of view of dispute settlement practice, from the perspective of legal principle and public policy impact, and in terms of international governance and the management of trade and political relations. The lecturer offers insights from extensive experience as a senior official in both the WTO and WIPO, as an Australian official engaged in litigation and negotiation, and as a legal and policy analyst.
Principal topics include:
|Learning Outcomes:|| |
A student who has successfully completed this subject will:
A minimum of 75% attendance is a hurdle requirement.
|Prescribed Texts:|| |
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Links to further information:||law.unimelb.edu.au|
|Graduate Diploma in Dispute Resolution |
Graduate Diploma in Intellectual Property Law
Graduate Diploma in International Economic Law
Graduate Diploma in Legal Studies
Master of Commercial Law
Master of Intellectual Property Law
Master of Laws