LAW 7062 - Selected Issues in Intellectual Property Law (PG)

North Terrace Campus - Semester 1 - 2017

The course will examine current issues in intellectual property focussing on the following: Protection of personal information; liability of internet service providers for copyright infringements; patents for medical treatments and pharmaceuticals; trademarks and metadata; designs and competition, productivity and IP

  • General Course Information
    Course Details
    Course Code LAW 7062
    Course Selected Issues in Intellectual Property Law (PG)
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange Y
    Prerequisites Students without a Bachelor of Laws must have completed LAW 7177
    Assessment participation, assignments/research paper &/or exam as determined at first seminar
    Course Staff

    Course Coordinator: Dr Judith Bannister

    Dr Judith Bannister
    email: judith.bannister@adelaide.edu.au

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    This course is designed to provide an overview of the law relating to current issues arising with respect to various aspects of intellectual property (IP) rights in Australia (with consideration of relevant International conventions) and provide an understanding of the social and economic context in which intellectual property law operates.

    On successful completion of this course, students will be able to:

    1. Explain and apply advanced and integrated knowledge in the field of intellectual property law, and undertake advanced legal research which engages with primary and secondary legal materials.
    2. Apply advanced principles in intellectual property law to complex social and legal issues, and critique the operation of intellectual property law from a theoretical and policy perspective at an extended abstract level.
    3. Structure, articulate and sustain concise and cohesive legal argument in writing, and in oral presentations to their peers.
    4. Incorporate social, policy, and comparative approaches into analysis of intellectual property law, with creativity and adaptability to new situations.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    4
  • Learning Resources
    Required Resources
    Required reading and resources will be provided via the MyUni site. Students will be assumed to have accessed and read all of the required reading listed and available via the MyUni site.
    Online Learning
    MyUni will be used to post announcements, additional lecture materials, including slides and to announce assignment topics. It will also contain electronic copies of the Course Profile, Seminar and Reading Guide and the Course Materials
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will taught in seminars and examine the following topics:
    • Protection of personal information
    • Liability of internet service providers for copyright infringements
    • Patents for medical treatments and pharmaceuticals      
    • Trade marks and metadata     
    • Designs
    • Competition, productivity and IP
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their
    studies. Students in this course are expected to attend all classes throughout the course.

    Classes in this intensive course will be held from 9:30- 4:30 PM on the following days:
    Monday 3rd April (3 hours), Monday 10th April (6 hours), Tuesday 11th April (6 hours), Wednesday 12th April (6 hours) and Thursday 13th April (3 hours) with lunch and tea breaks as appropriate.

    Students will be expected to attend all classes and to make a presentation to the class, as well as participating  in group activities throughout the course.
    Learning Activities Summary
    Course day/date Topic no. Topic
    Monday 3/4 [3 hours] 1 Introduction
    2 Basic IP principles
    Monday 10/4 [6 hours] 3 Personal Information
    4 Liability of internet service providers for copyright infringements
    Tuesday 11/4 [6 hours] 5 Patents for medical treatments and pharmaceuticals
    6 Trade marks and metadata
    Wednesday 12/4 [6 hours] 7 Designs – is the system working?
    8 Competition, productivity and IP
    Thursday 13/4 [3 hours] 9 Drawing together common themes
    10 Conclusion.



    Specific Course Requirements
    None.
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Task name Due Date Weighting %
     of final mark


         Individual   
    or group
      Redeemable    Course Learning  
    Outcome
     Research outline   Friday 7th April, 9am     1,200 words 20%   Individual No 3
     In class seminar presentation    Dates allocated Monday 3/4    20% Individual No 3
     Research Assignment   Monday 22nd May, 2pm   4,000 words 60% Individual No 1, 2, 3,4

    Each part of the assessment scheme is compulsory.
    This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.
    Assessment Detail
    (1) RESEARCH OUTLINE (1,200 words, plus bibliography not included in the word count) (20% of the final result) due: Friday 7th April, 9am.
    Students are required to submit a 1,200 word outline, plus bibliography, which sets out the key matters they will deal with in their seminar presentation, including a summary of key points and major legal sources. Topics will be assigned to students by the lecturer in class on Monday 3rd April. The outline must be submitted to the lecturer at: judith.bannister@adelaide.edu.au

    (2) SEMINAR PRESENTATION (20% of the final result) Due date (in class)
    This aspect of the assessment will assess students on their level of understanding of the course material, research skills, and their oral communication and critical thinking skills. Each student will be assigned a topic and class date on which he or she will have to give a presentation to the class. The student will be provided with readings for this topic, but will be required to conduct further independent research. The rest of the class will also be provided with the readings, to facilitate group discussion. The presenter(s) will have to give a presentation on the assigned topic and lead class discussion during the seminar. Depending on the numbers of students who enrol for this course the time allocated for each presentation inclusive of class discussion will be anywhere from 20-40 minutes.
    Assessment Criteria:
    • level of insight and innovative thought
    • depth of analysis and level of critical examination of the issues raised
    • clarity of expression
    • logical planning and sequence
    • evidence of comprehensive research and consideration of the relevant literature
    • demonstrated understanding of relevant legal materials
    • correct application of relevant material
    • overall presentation, including clarity of language, structure, appropriate use of visual and other aids

    (3) WRITTEN RESEARCH ASSIGNMENT (4000 words) (60% of the final result) Due date Monday 22nd May, 2pm.
    This aspect of the assessment will will assess students on their level of understanding of the course material and their research,
    written communication and critical thinking skills. Students must submit a 4000-word essay on a topic to be selected from a list of topics provided by the lecturer.
    Assessment Criteria:
    • level of insight and innovative thought
    • depth of analysis and level of critical examination of the issues raised
    • clarity of expression
    • logical planning and sequence
    • evidence of comprehensive research and consideration of the relevant literature
    • demonstrated understanding of relevant legal materials
    • correct application of relevant material
    • overall presentation, including correct grammar, spelling and punctuation
    • use of resources in formulating the paper including proper acknowledgment and correct referencing.
    The research paper must be submitted through Turnitin, accessed through MyUni.
    Submission
    1. Students must retain a copy of all assignments submitted.
    2. The research assignment must be submitted via Turnitin on MyUni.
    3. By submitting assessment, you agree to the following:
    • I have recorded on my assignment a word count indicating the length of this assignment. I declare this word count is correct.
    • I declare that all material in this assessment is my own work except where there is clear acknowledgement or reference to the work of others.
    • I have read the University's Academic Honesty Policy (http://www.adelaide.edu.au/policies/230)
    • I have completed and passed the Adelaide Law School E-Learning Module on Academic Honesty (available in the MyUni Professional Legal Skills course in which all students in LLB and LLM courses are enrolled).
    • I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
    4. A penalty of 5% will apply for each day or part-day that an assignment is overdue. 
    5. A penalty of 5% will apply for every 10% (or part thereof) by which assignments exceed the maximum word length.
    6. Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior
    approval from the course co-ordinator.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The Centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/


    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.

  • Policies & Guidelines
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.