LAW 2514 - Intellectual Property Law

North Terrace Campus - Summer - 2015

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 Summer
    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 Staff

    Course Coordinator: Dr Judith Bannister

    Dr Judith Bannister (coordinator) Ligertwood Building Telephone: 8313 34578 (work) email: judith.bannister@adelaide.edu.au
    Course Timetable

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

    Intellectual Property will be run as an intensive. Students considering enrolling should take into account the short time frames involved in an intensive and ensure that they have allowed sufficient time for attendance and assessment. Involvement in summer clerkships and other work commitments will not be grounds for extensions or alternative assessment.

    19 – 23 January
    Lectures (24 hours)
    2 – 3 February Seminars
    2 hours Monday
    2 hours Tuesday
    9 – 12 February Seminars
    2 hours Monday
    2 hours Tuesday
    2 hours Wednesday
    2 hours Thursday
    Exam Week
    16 – 20 February 2015. The exam will be administered centrally by the University Examinations Office. 
  • Learning Outcomes
    Course Learning Outcomes
    This 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 basic 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)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 2, 3, 4
    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. 5
  • Learning Resources
    Required Resources
    TEXT 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 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
    Course 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 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.



    Contact time: attend 24 hours lectures plus 12 hour seminars. This amounts to 36 hours of formal class time across the summer semester.
    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.
    Learning Activities Summary
    Introduction to IP
    Intellectual property overview seminar
    Introduction to patents - Patentable subject matter
    Patents - requirements for grant - exploitation and infringement
    Patent seminar
    Introduction to copyright - Subsistence of copyright
    Copyright – exploitation of rights – Infringement, defences and remedies
    Moral rights and performers rights
    Copyright seminar
    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
    Confidential information seminar
    Specific Course Requirements
    There are no additional requirements for completion of this course other than described elsewhere in this document.
  • 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


     
    Assessment Task % of final mark Due Date Length Redeemable
    Case analysis 30%

    9 am Monday, 9th February 2015

    2000 words NO
    Exam 70%

    Exam Period summer

    2 hours NO
    Assessment Detail
    Case 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.

    Exam
    2 hours. 2 problem based questions.
    Submission
      Patent case analysis
    The case analysis 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 should ensure that when citing material they comply with the Australian Guide to Legal Citation. A 5% penalty will be applied for failure to comply with the AGLC.

    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.

    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. 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.

    Word Length: 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 including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information 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.

  • 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.

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.