LAW 7064 - Intellectual Property Law (PG)

North Terrace Campus - Semester 1 - 2016

This course aims, through a treatment of laws relating to patents, trademarks, confidential information, copyright and other regimes, to examine the protection provided by the law in regard to ideas, inventions, information and other forms of creative effort. The course also aims to explore how the law deals with a particular problem, and how in solving that problem the law must balance interests and protect investment while taking into account the public welfare and technological developments. The course will explore the inter-relationship of the different regimes in the commercialisation or exploitation of intellectual property. Upon completion of the course, students will have a basic grounding in the law of the area, its limitations, policies and objectives, including the basic features of the various systems of protection.

  • General Course Information
    Course Details
    Course Code LAW 7064
    Course 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 Non-Law students must complete LAW 7111 & LAW 7085 or equivalent
    Course Description This course aims, through a treatment of laws relating to patents, trademarks, confidential information, copyright and other regimes, to examine the protection provided by the law in regard to ideas, inventions, information and other forms of creative effort. The course also aims to explore how the law deals with a particular problem, and how in solving that problem the law must balance interests and protect investment while taking into account the public welfare and technological developments. The course will explore the inter-relationship of the different regimes in the commercialisation or exploitation of intellectual property. Upon completion of the course, students will have a basic grounding in the law of the area, its limitations, policies and objectives, including the basic features of the various systems of protection.
    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.

    Thursday 3 March 2016 10am-4pm
    Friday 4 March 2016 10am-4pm
    Monday 7 March 2016 10am-4pm
    Tuesday 8 March  2016 10am-4pm
  • Learning Outcomes
    Course Learning Outcomes
    The course is intended to provide a concise overview of Intellectual Property Law. The main focus is on the function of IP in an innovation-driven modern market economy. We will analyse the role of IP law in the innovation cycle and examine selected issues in intellectual property that are currently posing particular challenges in the fields of patents, trademarks, confidential information and copyright. Students who complete this course should:
    1. have developed a good knowledge of the great variety of intellectual property rights, as well as a comparison of their advantages and disadvantages;
    2. recognise that in solving these issues the law must balance interests and protect investment while taking into account the public welfare and technological developments;
    3. have a good understanding of the international context of the various IP regimes;
    4. 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;
    5. understand the law relating to these issues and be able to identify and cite relevant primary sources of law (legislation, treaties and cases) and secondary sources (academic writing);
    6. be able to demonstrate high level critical thinking and problem solving skills;
    7. be able to discuss legal and policy issues related to intellectual property with and make a presentation to a group.
    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)
    1,2,3,4,5
    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
    1,2,3,4,5,6,7
    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
    6,7
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    2,3,4,6,7
    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
    2,3
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6,7
  • Learning Resources
    Required Resources
    Required reading will be made available via MyUni.

    Students are strongly encouraged to purchase:
    Stewart, Griffith, Bannister and Liberman Intellectual Property in Australia, 5th Ed
    This will be the text referred to throughout the course and provides excellent background reading.


    Online Learning
    A full list of electronic resources, including links to required reading will be made available via MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will examine the following topics:

    • The Function of Intellectual Property law in the Innovation Cycle
    • The International Legal Framework: WIPO, TRIPS, EU & national law
    • Protecting Technical Innovation: Patents & Plant Breeders' Rights
    • Protecting Brands and Reputation: Trade Marks 
    • Preventing Copy & Paste: Copyright Law 
    • How to Profit from IP: Competitive Advantages & Contractual Exploitation
    • IP Strategies: Areas of Overlap & Multiple Protection

    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 course will be held Thursday 3 March, Friday 4 March, Monday 7 March and Tuesday 8 March, from 10am-4pm, with breaks for lunch and group work as appropriate. Students will be expected to attend all classes and to make a presentation to the class on Tuesday 8 March, as well as participating in group activities throughout the course.
    Learning Activities Summary

    No information currently available.

  • 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 8 April, 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 (60% of the final result) Due date 8 April 2016, 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
    1. Students must retain a copy of all assignments submitted.

    2. All assignments must be submitted via Turnitin on MyUni. By submitting their assignment each student agrees and declares that:

    all material in the assignment is their own work, except where there is clear acknowledgement and reference to the work of others

    they have read the University's Policy on Academic Honesty, and

    they give permission for their 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.

    3. A penalty of 5% will apply for each day or part-day that an assignment is overdue. 

    4. A penalty of 5% will apply for every 10% (or part thereof) by which assignments exceed the maximum word length.

    5. 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.

    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 and . 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

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • 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.