C04364v1 Juris Doctor Graduate Certificate in Trade Mark Law and Practice
Award(s): Juris Doctor (JD)Graduate Certificate in Trade Mark Law and Practice (GradCertTMLP)
Commonwealth supported place?: Yes
Load credit points: 156
Course EFTSL: 3.25
Location: City campus
Notes
Commonwealth Supported Places (CSP) will be considered for applicants with a minimum Grade Point Average (GPA) of 5.5 out of 7 in their previous studies. Note that applicants with a GPA between 5.0 and 5.49 may be assessed for a CSP place depending on availability.
Applicants are strongly encouraged to submit their full application by the following dates to be considered for a Commonwealth Supported Place.
- Spring 2024: Sunday 26 May 2024
This course is not offered to international students.
Overview
Course aims
Career options
Course intended learning outcomes
Admission requirements
Inherent requirements
Recognition of prior learning
Course duration and attendance
Course structure
Course completion requirements
Course program
Levels of award
Transfer between UTS courses
Professional recognition
Other information
Overview
UTS has established expertise and a reputation for providing courses relevant to the needs of the patent and trade marks professions. This course reflects the range of topics required for registration as a trade marks attorney in Australia under the relevant regulations. The Juris Doctor (JD) is a graduate law degree that builds on the established reputation of UTS: Law to provide high-calibre, graduate-level education in the theory and practice of the law. It is specifically designed for graduates of disciplines other than law.
This trade mark law component of the course provides graduates with an understanding of the principles of the registered trade mark system, the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia. The unique feature is that it may be undertaken entirely online, removing the need for students to attend face-to-face classes.
The Juris Doctor component qualifies as an Australian Qualifications Framework level 9 master's degree. The flexible nature of the JD allows students to work while they study and to tailor their workload to suit professional and personal commitments.
Course aims
This course provides graduates with an understanding of the principles of the law and the Australian legal system, the registered trade mark system, the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia. In addition, graduates understand the content and implication of a patent specification, enabling them to advise upon possible questions of infringement, the validity and compliance.
Career options
Career options also include, but are not limited to, lawyer within a private firm, government department or community law centre, trade marks attorney, regulatory affairs and policy adviser in the public or private sector or legal specialisation related to students' previous degree or enhanced career options within an existing professional sphere.
Course intended learning outcomes
| 1.1 | An advanced and integrated understanding of a complex body of legal knowledge including: a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge; b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy; c. The principles and values of justice and ethical practices in lawyers' roles; d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and e. Contemporary developments in law and its professional practice. |
| 2.1 | An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including: a. An understanding of approaches to ethical decision making; b. An understanding of the rules of professional responsibility; c. An ability to reflect upon and respond to ethical challenges in practice; d. A developing ability to engage in the profession of law and to exercise professional judgment; and e. An ability to reflect on and engage constructively with diversity in practice. |
| 3.1 | A capacity to think critically, strategically and creatively, including an ability to: a. Identify and articulate complex legal issues in context,?including the skill of critical reading and writing; b. Apply reasoning and research to generate appropriate theoretical and practical responses; and c. Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. |
| 4.1 | Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to: a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and b. Apply ethical research practices. |
| 5.1 | Well-developed professional and appropriate communication skills including: a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments; b. An ability to inform, analyse, report and persuade; c. An ability to strategically select an appropriate medium and message; d. A cognisance of advanced communication technologies and willingness to adopt where appropriate; and e. An ability to respond respectfully. |
| 6.1 | Advanced and integrated collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including: a. An ability to give and receive feedback; b. Appropriate professional and interpersonal skills in working collaboratively; and c. A capacity to develop strategies to successfully negotiate group challenges. |
| 7.1 | A well-developed capacity: a. To work with Indigenous peoples in a professional?context; b. To respect, recognise and advocate for Indigenous strengths and self-determination; c. To acknowledge and respect Indigenous Knowledges; d. To understand the impact of colonisation, specifically historical and ongoing racism and the economic impact of dispossession resulting in social and economic exclusion; and e. To identify and challenge the deficit narratives and biases of Anglo-Australian laws towards Indigenous Australians.? |
| 8.1 | A high level of autonomy, accountability and professionalism and the ability to implement appropriate self-management and life-long learning strategies including: a. An ability to initiate self-directed work and learning; b. Well-developed judgment and responsibility; c. The ability to support personal and professional development by: - Self-assessing skills and personal wellbeing; and - Making appropriate use of feedback; d. A capacity to adapt to and embrace change. |
Admission requirements
To be eligible for admission to this course, applicants must meet the following criteria.
Applicants must have one of the following:
- Completed Australian doctorate, or overseas equivalent
OR
- Completed Australian bachelor's degree or Australian master’s degree, or overseas equivalent, with a minimum GPA of 4.5/7
OR
- Completed Australian graduate certificate or Australian graduate diploma, or overseas equivalent, with a minimum GPA of 5/7
OR
- Completed Australian bachelor's degree or Australian master’s degree, or overseas equivalent, with a minimum GPA of 4.1/7 AND Capacity to study the course demonstrated through relevant professional experience
The qualification must be in a field of study other than law or, if the qualification is in a legal field of study, it shall not be an academic qualification for legal practice.
Applicants who have completed the UTS Master of Intellectual Property are not eligible for admission in this course.
Applicants who do not meet the criteria above should consider applying for C04264 Master of Legal Studies or C11264 Graduate Certificate in Legal Studies.
Supporting documentation to be submitted with the application
For applicants who need to demonstrate capacity to pursue this course:
- Curriculum Vitae AND Statement of service in one of the following formats:
- A 'Statement of Service' provided by the employer
- A completed 'UTS statement of service’ signed by the employer
- A statutory declaration confirming work experience (for Australian Residents only)
- An official letter from the applicant’s accountant or solicitor on their company letterhead confirming the applicant’s work experience or engagement with the business, duration of operations, and the nature of the business
- A business certificate of registration in original language and English (e.g. provision of ASIC documentation or ABN or similar documentation for Australian Businesses)
- Personal statement outlining relevant professional experience and reasons to pursue this course
- Relevant work-related references
For Applicants seeking credit recognition for core law subjects in overseas legal qualification
- Written assessment from the NSW Legal Profession Admissions Board (LPAB) indicating which subjects need to be completed to meet the requirements for admission as a Legal Practitioner
The English proficiency requirement for local applicants with international qualifications is: IELTS Academic: 6.5 overall with a writing score of 6.0; or TOEFL iBT: 79-93 overall with a writing score of 21; or AE5: Pass; or PTE: 58-64 with a writing score of 50; or C1A/C2P: 176-184 with a writing score of 169.
Eligibility for admission does not guarantee offer of a place.
Inherent requirements
Inherent requirements are academic and non-academic requirements that are essential to the successful completion of a course. For more information about inherent requirements and where prospective and current students can get assistance and advice regarding these, see the UTS Inherent requirements page.
Prospective and current students should carefully read the Inherent Requirements Statement below and consider whether they might experience challenges in successfully completing this course.
UTS will make reasonable adjustments to teaching and learning, assessment, professional experiences, course related work experience and other course activities to facilitate maximum participation by students with disabilities, carer responsibilities, and religious or cultural obligations in their courses.
For course specific information see the Faculty of Law Inherent (Essential) Requirements Statement.
Recognition of prior learning
RPL in the UTS Intellectual Property (IP) courses is generally not granted for subjects not primarily directed to Australian or New Zealand law. Exemption may be granted from 77905 Preparing for Intellectual Property Practice for:
- completion of a dedicated intellectual property subject in the last six years, and
- completion of a degree leading to practise as a legal practitioner, and
- a current Australian Practising Certificate.
The Trans-Tasman Intellectual Property Attorneys Board (TTIPAB) - the body that registers Australian and New Zealand Trade Marks and Patent Attorneys - may not recognise subject exemptions recognised by UTS students in the UTS Intellectual Property courses. Students intending to seek registration from the TTIPAB should seek RPL from the TTIPAB directly, and are advised to do this prior to seeking RPL towards the UTS Intellectual Property courses.
Subjects undertaken within the Graduate Certificate in Trade Mark Law and Practice (C11130), Graduate Certificate in Intellectual Property (C11229) and Graduate Diploma in Intellectual Property (C06099) are recognised within the Juris Doctor Graduate Certificate in Trade Mark Law and Practice.
Recognition of prior learning information regarding the Juris Doctor Graduate Certificate in Trade Mark Law and Practice is available at postgraduate course information.
Course duration and attendance
The standard course can be completed in three-and-a-half years of full-time study. There are two intakes a year (in Autumn and Spring).
The subjects within the trade mark component of this course are available online by distance learning and require no on-campus attendance. All lectures, tutorials, course materials and assessments are distributed by a combination of web-based technology and electronic media. Students conduct all communication with the lecturer by electronic means.
Subjects in the JD component of the course are offered in face-to-face mode or blended mode (face-to-face and online).
Note: The academic qualifications required to practice law include successfully completing a tertiary academic course in Australia with a duration of at least three years' full-time study of law.
Course structure
The course comprises a total of 156 credit points. The study components for course completion are as follows:
- 108 credit points of compulsory core law subjects (fifteen subjects)
- a 6-credit-point legal theory option (one subject)
- 24 credit points of trade mark law options (four subjects), and
- 18 credit points of options (three subjects).
Subjects are timetabled annually, but not all subjects are offered every session. The UTS Timetable Planner enables current and future UTS students to view subject timetables.
Industrial training/professional practice
To practise as a lawyer in NSW, students need to successfully complete an accredited legal qualification and an accredited course of practical legal training (PLT), such as the Graduate Certificate in Professional Legal Practice (C11232).
Course completion requirements
| STM90831 Core subjects (JD) | 108cp | |
| CBK90921 Options (Legal Theory PG) | 6cp | |
| STM90743 Trade Mark Law and Practice stream | 24cp | |
| CBK91268 Options | 18cp | |
| Total | 156cp |
Course program
Students in the standard full-time program enrol in 24 to 26 credit points in Autumn and Spring sessions. Optional subjects are regularly timetabled but not all options are offered in any one session. Students may choose to study one of the 30-credit-point option subjects instead of the 6-credit-point legal theory subject in the recommended sequence, provided that they complete the legal theory subject in a later session. The UTS Timetable Planner enables current and future UTS students to view subject timetables.
The standard full-time program is shown below.
| Autumn commencing, full time | ||
| Year 1 | ||
| Autumn session | ||
| 70102 Foundations of Law | 8cp | |
| 70103 Ethics Law and Justice | 6cp | |
| 70114 Criminal Law and Procedure | 8cp | |
| Spring session | ||
| 70211 Contracts | 8cp | |
| 70311 Torts | 8cp | |
| 70616 Australian Constitutional Law | 8cp | |
| Year 2 | ||
| Autumn session | ||
| 70327 Introduction to Property and Commercial Law | 6cp | |
| 70104 Civil Practice | 6cp | |
| 70617 Administrative Law | 8cp | |
| 70109 Evidence | 6cp | |
| Spring session | ||
| 70517 Equity and Trusts | 8cp | |
| 70317 Real Property | 8cp | |
| 70106 Principles of Public International Law | 6cp | |
| Year 3 | ||
| Autumn session | ||
| 71116 Remedies | 6cp | |
| 70107 Principles of Company Law | 8cp | |
| 77905 Preparing for Intellectual Property Practice | 6cp | |
| 77889 Trade Marks Law | 6cp | |
| Spring session | ||
| 77890 Trade Marks Practice | 6cp | |
| Select 6 credit points from the following: | 6cp | |
| 77903 Copyright Law | 6cp | |
| 78188 Intellectual Property Commercialisation | 6cp | |
| 77740 Research Paper | 6cp | |
| 77893 Designs Law and Practice | 6cp | |
| 78015 Global Aspects of Intellectual Property Law | 6cp | |
| 78238 History and Theory of Intellectual Property | 6cp | |
| 78186 Intellectual Property and Traditional Knowledge | 6cp | |
| 77898 Patent Law | 6cp | |
| Select 6 credit points from the following: | 6cp | |
| CBK91268 Options | 18cp | |
| Select 6 credit points from the following: | 6cp | |
| 78210 Law and Literature | 6cp | |
| 78235 Justice | 6cp | |
| 78236 Environmental Ethics | 6cp | |
| 78238 History and Theory of Intellectual Property | 6cp | |
| 78239 Feminist Perspectives on Law and Justice | 6cp | |
| 78241 Reading the Law: Language, Power and Ideology | 6cp | |
| 78218 Animal Law and Policy in Australia | 6cp | |
| 78126 Corporate Governance | 6cp | |
| 78270 Crime, Victims and Criminal Justice | 6cp | |
| Year 4 | ||
| Autumn session | ||
| Select 12 credit points from the following: | 12cp | |
| CBK91268 Options | 18cp | |
Levels of award
The Juris Doctor component may be awarded with distinction. An additional year of study is not required. To qualify for distinction, a student must complete 77740 Research Paper within CBK90920 Options (JD). The rules governing the Juris Doctor with distinction can be found in postgraduate course information. See coursework research on the UTS: Law website for information on how to apply to enrol.
Transfer between UTS courses
Subjects undertaken within the Juris Doctor component of the course are recognised within the Master of Legal Studies (C04264), the Graduate Diploma in Legal Studies (C07122) and the Graduate Certificate in Legal Studies (C11264). Students who have completed the Juris Doctor component may apply to internally transfer to the master's, graduate diploma or graduate certificate. Candidates are not awarded the Juris Doctor but subjects undertaken are applied towards the master's, graduate diploma or graduate certificate.
Students who successfully complete the Juris Doctor component at UTS and have completed Master of Laws (C04143) equivalent subjects within the Juris Doctor, may apply for these subjects to be credited towards the Master of Laws (C04143).
Professional recognition
The Juris Doctor component of the course satisfies the requirements for admission as a lawyer to the Supreme Court of NSW, provided students undertake a PLT program, such as the Graduate Certificate in Professional Legal Practice (C11232).
Subject to final board approval, where applicants have a requisite tertiary qualification as stipulated by the Trans-Tasman IP Attorneys Board for Patent and Trade Marks Attorneys, this course provides the accredited subjects which satisfy the educational requirements necessary for registration as a Trade Marks Attorney in Australia and New Zealand. Prospective students should check with the Trans-Tasman IP Attorneys Board for specific subjects required to be completed for registration.
Other information
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