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

North Terrace Campus - Semester 2 - 2015

The course will examine current issues in intellectual property focussing on the following: private international law and the exploitation and enforcement of intellectual property in a digital world; database rights - copyright and sui generis regimes of protection; geographical indications in trade mark law; the protection of personal information; the international debate concerning protection of traditional knowledge, genetic resources and traditional cultural expressions; and legal and ethical issues surrounding patents in biotechnology.

  • General Course Information
    Course Details
    Course Code LAW 7062
    Course Selected Issues in Intellectual Property Law (PG)
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Up to 2 hours per week
    Available for Study Abroad and Exchange Y
    Course Description The course will examine current issues in intellectual property focussing on the following: private international law and the exploitation and enforcement of intellectual property in a digital world; database rights - copyright and sui generis regimes of protection; geographical indications in trade mark law; the protection of personal information; the international debate concerning protection of traditional knowledge, genetic resources and traditional cultural expressions; and legal and ethical issues surrounding patents in biotechnology.
    Course Staff

    Course Coordinator: Professor Melissa de Zwart

    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. Students who complete the course should:
    1. have a good understanding of a range of current issues that affect IP law and policy in Australia;
    2. have a good understanding of the international context of the operation of the various regimes regulating IP rights;
    3. be able to critically appraise the intellectual property system and evaluate proposals for reform in a domestic and international context;
    4. understand the policy issues surrounding the competing interests of intellectual property owners, creators and the broader public.
    5. be able to present a current IP issue for evaluation and critique in a seminar context.
    6. be able to recognise and apply intellectual property issues raised in novel contexts and to develop a sustained original research project on an identified topic;
    7. understand the law relating to those issues and be able to identify and cite relevant primary sources of law (legislation and cases) and secondary sources (academic writing); and 8. be able to demonstrate high level critical thinking and problem solving skills.
    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)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 2, 3, 4, 5, 6, 7
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 5,6,7,8
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 4,5,6,7,8
    Skills of a high order in interpersonal understanding, teamwork and communication. 5,6,7
    A proficiency in the appropriate use of contemporary technologies. 6,7
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1,2,3,4,5,6,7,8,
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,2,3
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 2,5
  • 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
    This course will be taught through a series of interactive seminars which will provide a range of learning activities and modes, including case analysis, problem solving, class discussion, seminar presentations and (where appropriate) multimedia.
    Workload

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

    This is a three-unit course and the university workload measurement for students on this course, including class contact time, is 156 hours. This includes any required pre-reading before the classes commence, and any research and writing of assignments after the end of formal classes.
    Learning Activities Summary
    This course is being taught in intensive mode. Students are expected to come to class prepared to engage in active discussion and inquiry. Readings will be assigned before class and classes will be conducted on the assumption that the assigned reading has been completed. Class time will also be set aside for preparation for the negotiation exercise.

    Topics to be covered:
    Day 1-2: Online copyright infringement and law reform, negotiation exercise
    Day 3: Franchising, fan fiction and protection of personality
    Day 4: Geographical indications and protection of traditional knowledge, class presentations
  • 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
    There are three (3) components of assessment for this course:

    Negotiation exercise (inc submission of written summary) 20% (in class)
    Class presentation 20%  (inc written outline) (in class) 
    Research Assignment (4000 words) 60% due Friday 11 September 2015, 2pm.

    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
    (i) NEGOTIATION EXERCISE (20% of the final result) Due date (in class) Students will be required to participate in a negotiation exercise based around material covered in class. Students will be assigned a particular role and will be required to research the relevant materials and be involved in discussions and debates in a case study mode in class. Students are also required to submit a 1-2 page outline of not more than 1000 words in length which sets out the key matters dealt with by them in their negotiation exercise, including a summary of key points. Negotiation roles and topics will be assigned to students by the lecturer in class. The outline must be submitted to the lecturer at melissa.dezwart@adelaide.edu.au.  
    (ii) SEMINAR PRESENTATION (20% of the final result) Due date (in class) This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material 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 
    (iii) WRITTEN RESEARCH ASSIGNMENT (70% of the final result) Due date 11 September 2015, 2pm. This aspect of the assessment will provide students with feedback regarding 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 the comparative law method • 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.
    Submission
    Assignments must be submitted electronically via Turnitin on the MyUni site.
    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
  • 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.

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