LAW 2514 - Intellectual Property Law
North Terrace Campus - Summer - 2018
General Course Information
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 Intensive Available for Study Abroad and Exchange Y Prerequisites LAW 1506 or LAW 1511 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 email: email@example.com
The full timetable of all activities for this course can be accessed from Course Planner.Intellectual Property will be run as an intensive. Contact time is 24 hours online lectures plus 12 hours of seminars. 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.
Course Learning OutcomesOn successful completion of this course, students will be able to:
- Analyse the advanced principles of intellectual property law, undertake self-directed legal research at an intermediate level, and evaluate complex legal information.
- Apply intellectual property law principles to complex legal problems through indidual work.
- Structure and sustain concise and cohesive written arguments for a legal audience.
- Conduct legal research.
- 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
Required ResourcesTEXT 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 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)
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 ModesOnline lectures supported by problem-solving seminars developing material covered in lectures. Online lectures will be available on MyUni and must be viewed before seminars start. 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.
Contact time: view 24 hours online 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
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
Specific Course RequirementsThere are no additional requirements for completion of this course other than described elsewhere in this document.
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 Task Type % of final mark Due Date Length Redeemable Course Learning Outcomes Online patent quiz Individual 5%
2 pm Friday 9th February
10 questions NO 1,4 Patent case analysis Individual 40 %
2 pm Monday 5th February
2500 words NO 3,4,5 Exam Individual 55 %
Exam Period Summer
1.5 hours plus 10 minutes reading NO 2,3,5
Assessment DetailOnline patent quiz
10 question online quiz. Compulsory and NOT redeemable. Students who fail to submit will receive 0 for this component.
Patent 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.
1.5 hours. 1 problem based question.
SubmissionPatent 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.
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 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). The word limit does not include footnotes. Footnotes must only be used
for referencing, and not for inclusion of substantive content.
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.Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.
Final results for this course will be made available through Access Adelaide.
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).
ModerationIn 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.
Approval of Results by Board of ExaminersStudents 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 Access Adelaide at the end of each semester.
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
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 ProgramLex 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 SupportThe 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 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
Academic HonestyAcademic 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.
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.