LAW 2514 - Intellectual Property Law

North Terrace Campus - Semester 1 - 2020

This course aims, through a treatment of laws relating to patents, trademarks, confidential information, designs and copyright, 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 must balance interests and protect investment while taking into account public welfare and technological developments. The course will explore the interrelationship of the different regimes of protection, and will also consider practical issues arising in the commercialisation or exploitation of intellectual property. Students completing this course should 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 2514
    Course Intellectual Property Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1506 or LAW 1511
    Incompatible LAW 2059
    Restrictions Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
    Course Description This course aims, through a treatment of laws relating to patents, trademarks, confidential information, designs and copyright, 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 must balance interests and protect investment while taking into account public welfare and technological developments. The course will explore the interrelationship of the different regimes of protection, and will also consider practical issues arising in the commercialisation or exploitation of intellectual property. Students completing this course should 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: Mr Mark Brady

    Mr Mark Brady (coordinator)
    Ligertwood Building  
    email: mark.brady@adelaide.edu.au
    Course Timetable

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

    Lectures will be run each week for 12 weeks. 12 x 1 hour seminars will be run in the weeks listed in the table below in Learning Activities Summary.
  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course, students will be able to:
    1. Analyse the advanced principles of intellectual property law, undertake self-directed legal research at an intermediate level, and evaluate complex legal information.
    2. Apply intellectual property law principles to complex legal problems through indidual work.
    3. Structure and sustain concise and cohesive written arguments for a legal audience.
    4. Conduct legal research.
    5. Reflect on their abilities to effectively undertake work as a legal practitioner.
    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
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    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
    5
  • Learning Resources
    Required Resources
    TEXT BOOK(S)
    Andrew Stewart et al, Intellectual Property in Australia, (LexisNexis Butterworths, 6th edition, 2018)

    Please note:
    although this text book may be available for
    purchase as an e-book, you will not be permitted to take an e-book into the
    examination in this course.


    Recommended Resources
    Ricketson and Creswell, Thompson Legalonline, The Law of Intellectual Property: Copyright, Designs & Confidential Information (online service)

    Lahore, LexisNexis AU, Copyright and Designs, (online service)

    Lahore (ed), LexisNexis AU, Patents, Trade Marks & Related Rights, (online service)

    Journals:
    Australian Intellectual Property Journal (AIPJ)
    European Intellectual Property Review (EIPR)

    Case Reports:
    Intellectual Property Reports (Butterworths) Available online through the Law Library.

    Internet sources:
    Here are a few sites that you might like to browse, there are many more:
    University of Adelaide Law Library Intellectual Property page:
    www.law.adelaide.edu.au/library/research/subject_guides/intellectual_property.html
    IP Australia (Federal Government Body responsible for registration of Patents, Trade Marks & Designs):
    www.ipaustralia.gov.au 
    World Intellectual Property Organisation (good source of IP treaty details, amongst other things):
    www.wipo.org 
    Australian Copyright Council (good source of information on copyright issues)
    www.copyright.org.au
    Online Learning

    MyUni will be used to access online lectures, post announcements, post additional lecture materials (including slides) and announce assignment tasks. It will also contain electronic copies of the Course Information, Lecture and Seminar Guides, and Course Materials.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Lectures supported by problem-solving seminars developing material covered in lectures. Technology permitting, lectures will be recorded and posted on MyUni. Recording of seminars is not permitted because students should be free to participate without concerns about being recorded.
    Seminars are a critical component of your learning in this course. The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies. Most importantly, if you choose not to attend seminars, you will miss out on a good deal of the course material.
    Workload

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

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.

    The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.
    Learning Activities Summary
    Schedule
    Week Lecture Seminar
    1 Introduction to IP None
    2 Patents Intellectual property overview seminar
    3 Patents Patents + IP overview
    4 Copyright Patents 
    5 Copyright Copyright 
    6 Moral Rights/performers rights Copyright 
    Mid-Semester Break
    7 Designs Mroal Rights/ copyright
    8 Designs and designs copyright overlap Designs
    9 Actions for passing off, misleading and deceptive conduct Designs/ copyright 
    10 Trade marks (registered rights) Passing off/ Trade Marks and Business reputation
    11 Confidential information Trademarks 
    12 Revision Confidential information and revision 
  • 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
    Due to the current COVID-19 situation modified arrangements have been made to assessments to facilitate remote learning and teaching. Assessment details provided here reflect recent updates.
    Assessment Task % of final mark Due Date Length Redeemable Learning Outcomes
    Online patent quiz 5% 2 pm Monday 27th April

    10 questions NO 1,4
    Patent case analysis 40% 2 pm Friday 15 May 2500 words NO 3,4,5
    Take Home Exam 55% Exam Period Semester 1 2 hours plus 10 minutes reading NO 2,3,5

    "The originally scheduled final exam will NO LONGER take place in person at Wayville.

    The final examination will now be a take-home examination submitted through MyUni rather than an invigilated examination. Further details will be provided in due course including the date of the take-home examination, time period allowed to students for completion and word count.

    Assessment Detail
    Online Quiz
    10 questions covering patent law.

    Case analysis.
    2500 word case analysis (on patent law). This assessment will develop students’ understanding of Australian patent law and the skill of providing effective legal advice to hypothetical clients concerning their rights and obligations. The case will be a recent decision by a Delegate of the Commissioner of Patents following opposition proceedings.

    Take Home Exam
    2 hours 10 mins. 1 problem based question.
    Submission
    Assignment:

    The assignment must be submitted in electronic form through Turnitin on MyUni.
    Students must retain a copy of the assignment submitted.
    All references must be appropriately cited in footnotes, in order to acknowledge sources, and avoid plagiarism.
    Students must indicate the word count of each essay on the front cover of their assignment sheet. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is misstated, this may be regarded as academic dishonesty.

    Late Submission:
    5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

    Word Length:
    Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated excluding cover page information and footnotes. Quotations are included in the word count.
    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.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.
    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.
  • 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 feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
  • 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.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

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

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.