76084 Intellectual Property: Copyright and Designs
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70327 Introduction to Property and Commercial Law OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77893 Designs Law and Practice AND 77903 Copyright Law AND 78025 Intellectual Property: Law and Policy
Description
Intellectual property law deals with intangible, creative, inventive and informational assets. This subject examines two areas of this law: copyright and design rights. Students develop an understanding of the doctrinal law of copyright and design rights in terms of the relevant statutory frameworks, and their application in the case law. Students also learn about litigation processes and remedies.
Students develop legal knowledge and analytical skills through problem-solving activities that mirror the legal and factual issues that arise in legal practice. These activities provide opportunities for students to develop commercial skills and become solution-focused legal practitioners. The subject further fosters students' skills of critical analysis and oral communication through class discussion of different theoretical, jurisprudential and policy issues underlying areas of law, using readings of works by leading scholars in the field. Students also undertake research to critically evaluate laws, practices and policies. The subject combines a practical with a theoretical approach, enriching students' understanding of the complex public and private interests at play, and preparing them for a career in legal practice or general commerce.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and apply legislation and case law relating to copyright and design rights to resolve problem-based scenarios. |
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| 2. | Critically analyse and evaluate the legal framework pertaining to the regulation of different types of intellectual property in Australia. |
| 3. | Construct and articulate logical, reasoned, persuasive and justifiable legal and scholarly arguments. |
| 4. | Identify and locate research material relevant to contemporary policy debates and creatively and analytically evaluate the factual, legal and theoretical issues which arise. |
| 5. | Think critically and strategically in relation to commercial disputes and adopt a solution-focused approach to legal problems. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas 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 impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective 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 communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate 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;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Student preparation for class activities
Preparation and reflection outside the classroom is central to the learning in this subject, which relies on students having familiarised themselves with the law and relevant critical material prior to each class. Each week key resources, including text book reading, cases, chapter/articles and/or short videos or podcasts, will be set for students to engage with before class. Lists of questions or themes to be considered while reading will also be provided so as to focus students’ attention and prepare them for discussion. Relevant details will be found in the Reading Guide, which is available to students under the Subject Outline tab on Canvas. Students will use the Canvas Discussion Board to ask questions or share ideas prior to the class. In class, students will engage in collaborative discussion and evaluation of the preparatory materials, which will assist them in developing new perspectives, testing their ideas and understanding, and identifying areas for clarification. Students will have the opportunity to ask questions of their peers and of the teacher to assist them in consolidating their own learning.
Strategy 2: Learning through class discussion and problem solving
The ability to solve problems is an essential skill for a legal adviser. Problem-solving involves interpreting and analysing legislation and cases, and applying the legislation and principles developed through the case law to novel and difficult factual situations. All students will participate in problem-solving exercises throughout the session, both individually and in groups.
Each week students will engage in class and group discussion and oral presentations on the issues and problems that arise in the readings and/or provided factual scenarios. At the start of the session students will be nominated to lead the discussion in a particular week and/or topic. They will lead discussion in at least one week, depending on the number of students enrolled. Leading discussion will involve demonstrating their own understanding as well as encouraging others to participate and building upon the ideas of others. This allows students to improve their skills of oral communication as well as their ability to construct reasoned legal arguments and offer commercially-viable solutions to the set problems. This mirrors the experience of working in a commercial law firm, where both individual communication skills and teamwork are essential.
Strategy 3: Engaging in lectures and guest presentations
The teacher and guest speakers will provide perspectives on the recommended readings and clarification of the law. The ability to listen and think at the same time is a crucial skill for a lawyer or legal adviser, who will often need to master new information delivered orally and provide an intelligent response immediately. Through lectures and videos, students will enhance their ability to concentrate for extended periods, to synthesise ideas with effective note-taking and to listen critically and reflexively. Class discussion activities in the tutorial will extend the ideas of the lecture in new directions or in greater depth. It is therefore important to actively participate and engage with the lecture material to clarify understandings and challenge ideas.
Strategy 4: Applying research skills
Students undertake independent research relevant to class discussion and assessment tasks. Class discussion will be based on a list of readings, which students will be required to locate using the UTS Library and databases. The problem question and the exam will require students to identify relevant case law and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a lawyer. Critical reading and analysis of judicial and scholarly material are also crucial skills in law. The Discussion Starter questions associated with the pre-class readings will assist students in identifying the key themes and arguments to look for in the readings. The class discussions will allow students to gauge how successful they have been in their critical reading, by testing their knowledge and learning from others. In this way, students will develop and refine skills in identifying and synthesising relevant material and deploy it to make reasoned, logical, justifiable and persuasive written and oral arguments. They will apply these skills in the written assessment tasks and receive further feedback.
Strategy 5: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Students will carry out a simple research task in Week 1. This task involves finding an article in the media (whether mass media or social media) which raises an issue of copyright or designs law. Students will prepare a brief presentation to deliver to the class which explains their choice, including what the article is about and why they selected it. The objective of the task is to encourage students to start thinking about the ways in which they interact with intellectual property law every day and its impact in the broader community. Formative feedback on the presentation will be provided by the lecturer in Week 2 using a rubric provided in advance. This task is worth 5% of the Class Participation mark.
Formative feedback on problem-solving skills will be provided through class discussion. Students will be able to check their progress in understanding the law during the semester by regular quizzes. Before the Problem Question Assessment task is due, students will attend a guest lecture given by a legal practitioner who will explain what is expected from legal advice in practice. Written feedback on the Problem Question Assessment task will also relate to general skills (such as written expression) that will be relevant to the final exam.
Written feedback on the final exam will provide guidance on problem solving skills as well as general skills, such as written expression.
Subject Delivery
Unless notified otherwise, the subject will be delivered both online and on campus in the Spring semester. The online classes will be delivered by recorded videos. The on campus classes will consist of interactive seminars and collaborative exercises.
Content (topics)
- Introduction to Intellectual Property: Copyright & Designs
- Introduction to Copyright: justifications, history and fundamental principles
- Copyright – subsistence of copyright
- Copyright – subject matter & authorship
- Copyright – ownership, exploitation & duration
- Copyright – exclusive rights: direct infringement
- Copyright – exclusive rights: indirect infringement
- Copyright – authorisation liability; blocking injunctions; exceptions
- Copyright – copyright law in practice; reform proposals
- Copyright – moral rights; traditional cultural expressions
- Design rights – protection of industrial designs
- The copyright/design overlap
Assessment
Assessment task 1: Class Preparation and Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 25% |
| Length: | 1000-1500 words |
| Criteria: |
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Assessment task 2: Legal Advice Assignment
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 35% |
| Length: | 2000 words |
| Criteria: |
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Assessment task 3: Take-home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 40% |
| Length: | 2,500 words |
| Criteria: |
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Required texts
K Bowrey, M Handler, D Nichol, J Nielsen and K Weatherall, Australian Intellectual Property Law: Commentary, Law and Practice (OUP, 3rd ed, 2021)
Recommended texts
D. Brennan, Copyright Law (The Federation Press, 2021)
A. Stewart, W. van Caenegum, J. Bannister, A Liberman and C. Lawson, Intellectual Property in Australia (Lexis Nexis, 6th ed, 2018)
R. Reynolds, N. Stoianoff, A Adrian and A. Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
M. Davison, A. Monotti and L Wiseman, Australian Intellectual Property Law (CUP, 4th ed, 2020)
S Ricketson, M Richardson, M Davison and V Huang, Intellectual Property: Cases, Materials and Commentary (Lexis Nexis, 6th ed, 2019)
Other resources
Books
G. Greenleaf and D. Lindsay, Public Rights: Copyright's Public Domains (CUP, 2018)
L Bently and B Sherman, Intellectual Property Law (OUP, 4th edn, 2014)
Looseleaf/Online Services
Lahore, Intellectual Property in Australia: Copyright Law (Butterworths/LexisNexis)
Ricketson, S, The Law of Intellectual Property: Copyright, Designs and Confidential Information (Lawbook Co/Westlaw AU)
Websites:
IP Australia: http://www.ipaustralia.gov.au/
World Intellectual Property Organisation: http://www.wipo.int/portal/index.html.en
Intellectual Property Research Institute of Australia: http://www.ipria.org/
Warwick Rothnie, IPWars: https://ipwars.com/