LAW 2514 - Intellectual Property Law
North Terrace Campus - Semester 1 - 2016
General Course Information
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 Incompatible LAW 2059 Restrictions Available to LLB 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 Coordinator: Dr Judith BannisterDr Judith Bannister (coordinator) Ligertwood Building Telephone: 8313 34578 (work) email: firstname.lastname@example.org
The full timetable of all activities for this course can be accessed from Course Planner.
Week Lectures Seminars 1 Lecture 1 None 2 Lecture 2 Seminar 1 3 Lecture 3 None 4 Lecture 4 Seminar 2 5 Lecture 5 None 6 Lecture 6 Seminar 3 7 Lecture 7 None 8 Lecture 8 Seminar 4 9 Lecture 9 None 10 Lecture 10 Seminar 5 11 Lecture 11 None 12 Lecture 12 Seminar 6
Lectures will be run each week for 12 weeks. 6 x 2 hour seminars will be run in the weeks listed in the table above
Course Learning OutcomesThis course is designed to provide an overview of the law relating to 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 grounding in Australian laws governing intellectual property rights and the conventions that guarantee those rights internationally;
2. be able to critically appraise the intellectual property system;
3. understand the various rationales proffered for the granting of intellectual property rights;
4. understand the policy issues surrounding the competing interests of intellectual property owners, creators and the broader public.
5. be able to solve legal problems and provide effective legal advice to clients concerning their intellectual property rights and obligations.
6. grasp and analyse intellectual property issues raised in novel problems;
7. understanding the law relating to those issues and be able to identify and cite relevant primary sources of law (legislation and cases);
8. be able to apply the law to each issue raised, reach a conclusion and provide relevant, clear and cogent advice.
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)
1,4 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
2,3,5,6,8 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
8 Career and leadership readiness
- technology savvy
- professional and, where relevant, fully accredited
- forward thinking and well informed
- tested and validated by work based experiences
1-8 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
- 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
Required ResourcesTEXT BOOK(S)
Andrew Stewart et al, Intellectual Property in Australia, (LexisNexis Butterworths, 5th edition, 2014)
Butterworths Intellectual Property Collection (compilation of statutes - recommended if you want access to hard copy of the statutes – alternatively you can obtain the legislation online)
Recommended ResourcesRicketson 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)
Australian Intellectual Property Journal (AIPJ)
European Intellectual Property Review (EIPR)
Intellectual Property Reports (Butterworths) Available online through the Law Library.
Here are a few sites that you might like to browse, there are many more:
University of Adelaide Law Library Intellectual Property page:
IP Australia (Federal Government Body responsible for registration of Patents, Trade Marks & Designs):
World Intellectual Property Organisation (good source of IP treaty details, amongst other things):
Australian Copyright Council (good source of information on copyright issues)
Online LearningCourse Website: https://myuni.adelaide.edu.au/webapps/login/
MyUni will be used to 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 ModesLectures 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.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.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
Introduction to IP
Intellectual property overview seminar
Introduction to patents - Patentable subject matter
Patents - requirements for grant - exploitation and infringement
Introduction to copyright - Subsistence of copyright
Copyright – exploitation of rights – Infringement, defences and remedies
Moral rights and performers rights
Designs and designs copyright overlap
Designs / copyright seminar
Actions for passing off, misleading and deceptive conduct Trade marks (registered rights)
Trade Marks and Business reputation seminar
Confidential information seminar
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Task % of final mark Due Date Length Redeemable Patent case analysis 30%
9 am Friday 8th April (week 6)
2000 words NO Exam 70%
Exam Period Semester 2
2 hours NO
Assessment DetailCase analysis.
2000 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.
2 hours. 2 problem based questions.
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 seriously misstated, this may be regarded as academic dishonesty.
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. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.
Assignments which exceed the allocated length (word length or page limit) 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. Quotations are included in the word count.
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.
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.
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.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
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.
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.
Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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.
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.