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76094 Oxford International Intellectual Property Moot

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2020 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Description

The subject offers students the opportunity to participate in the Oxford International Intellectual Property Moot for credit. The moot is held annually in Oxford, UK, over three days and is hosted by the Oxford Intellectual Property Research Centre. The competition invites teams from universities around the world to prepare written submissions and present oral argument on a hypothetical problem question in the field of intellectual property law.

Students analyse a problem relating to copyright, trade marks, patents, confidential information, passing off or any combination thereof. They are challenged to engage in comparative research of legal rules at national, regional and international levels, and to develop original arguments on cutting-edge issues of intellectual property. They conduct detailed and in-depth legal research on various national laws and prepare written and oral pleadings arguing both appellant and respondent positions of the case. The subject is demanding and equates to a substantial research project.

A team of two or three students is chosen following a competitive selection process. The team develops written submissions, under the close supervision of UTS academics. Participation in the oral rounds is by invitation only, on the basis of the written submissions. The written submissions are usually due in December, while the announcement of teams making it through to the oral rounds is in January. Students therefore only enrol in the subject if they are selected to compete in the oral rounds.

Teams selected to compete in the oral rounds travel to Oxford for the competition. The oral proceedings consist of four preliminary rounds, quarter-finals, semi-finals and a grand final. The grand final is held before senior members of the UK judiciary.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Plan and analyse a wide-ranging, strategic selection of legal research to provide targeted information for advocating a position on issues of intellectual property law
2. Evaluate and apply the principles of intellectual property law to develop original arguments in response to complex international legal issues
3. Implement multiple forms of feedback to reflect upon and improve individual and team preparation and performance
4. Develop and communicate coherent, persuasive and balanced written memorials and oral submissions in intellectual property law to reflect professional practice
5. Engage with extensive preparation and effectively collaborate with a team to successfully prepare and present a competitive moot

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:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices (LAW.3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues (LAW.4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (LAW.5.0)

Teaching and learning strategies

Strategy 1 – Independent Learning

Student independent learning is a vital learning strategy in this subject. In addition to attendance at meetings and mooting practice, students will undertake substantial work to research and prepare for moots. Students will be required to undertake intensive research that is both independent and guided by their coach and faculty advisor. Due to the breadth of resources available to students it will be imperative that each student be able to critically analyse and synthesise information and materials. By attendance at team meetings and practice moots students will have the opportunity to ask questions of their peers and coach and or faculty advisor to assist them in consolidating their own learning.

Strategy 2 – Developing Written Submissions

Students will employ their research to write submissions from the appellant and respondent. Drafts will be submitted to the Moot Coach who will provide feedback on legal analysis and matters of style, written expression, grammar and compliance with the moot rules. Students will need to respond to feedback in the preparation of further drafts and final edits.This involves both individual and cooperative work with other team members.

Strategy 3 – Practising Moots

If the team qualifies for the international rounds of the competition students will undertake two months of intensive mooting practice prior to participating in the oral rounds. Students can expect to practice at least 3-4 times each week under the guidance of the team coach. The coach will organize practice sessions before judges (including experienced mooters, former Oxford IP Moot competitors, members of the legal profession, academics and members of the judiciary) in the weeks prior to the competition. The practice moots will be a valuable experience for students to consolidate their research and writing and develop their advocacy skills. The practice moots will be an excellent opportunity for the students to receive substantive feedback prior to any formal competition.

Strategy 4 – Collaborative Learning

Teamwork and collaborative effort is an essential learning strategy in this subject. The final mark for the course will be awarded as a group mark unless there are exceptional reasons otherwise. Therefore, the contribution of each student is critical to the team’s performance as a whole and any delay in submission of memorials will result in penalties by the competition administrators to the entire team and impact on the mark and grade awarded to each student for this subject.

Students will undertake collaborative learning by attending all team meetings and practice moots and working closely with their team members in assisting each other with research and submissions. Specifically, students will work together to identify the strongest and weakest points from the memorials to use in their respective roles in preparation for the practice moots. Students will also work closely with their coach and faculty advisor to develop their written communication and advocacy skills through feedback and consultation.

Strategy 5 Ongoing Feedback
Students receive ongoing feedback during the different stages of each competition. They reflect upon their own and their team’s oral and written submissions and performance. They also receive oral and written feedback from their coach, faculty advisors and external judges during meetings, and at the conclusion of each practice moot throughout the subject. All feedback is structured to comply with the rules of the competition and formal assessments are not available until after the conclusion of the international rounds each year.

Subject Delivery

There are no formal classes in this subject, and students are expected to collaborate extensively amongst themselves.

Students are required to attend and contribute to regulate meetings with the team coach and other Faculty advisers.

The frequency and timing of meetings will vary throughout the duration of the competition and will be mutually agreed. Successful teams are fully funded by the faculty (incl. airfares, accommodation and competition expenses). Please Note: The Subject Coordinator should be the first point of contact for any questions about the administration of the subject or assessment.

Content (topics)

Topics determined by Oxford IP Moot Committee’s hypothetical problem question, which is published each year on the website https://www.law.ox.ac.uk/centres-institutes/oxford-intellectual-property-research-centre/16th-annual-oxford-international

Assessment

Assessment task 1: Submission of Written Submissions for Oxford International Intellectual Property Moot

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.3.0, LAW.4.0 and LAW.5.0

Weight: 84%
Length:

approx. 3000 words (rules may vary)

Criteria:
  • Identifies relevant identifies relevant national and international legal principles (SLO 1, 2, 4; GA 3, 4, 5)
  • Strategically applies legal research a wide scope of scholarly articles, international treaties and international and domestic case law (SLO 1, 2, 3, 4; GA 3, 4, 5)
  • Critically analytical and reflective engagement with the moot question and issues (SLO 1, 2, 3, 4; GA 3, 4, 5)
  • An original argument based on application, targeted use of facts and authorities appropriate to the problem (SLO 1, 2, 4; GA 3, 4, 5)
  • Balanced and persuasive responses to opponent’s argument (SLO 1, 2, 3, 4; GA 3, 4, 5)
  • Coherent, logically staged and persuasive written memorial in formal legal style, including proper referencing (OSCOLA) (SLO 1, 2, 3, 4; GA 3, 4, 5)
  • Ability to follow the guidance and directions of the coach and all feedback implemented to improve preparation and performance (SLO 3, 4; GA 3, 5)
  • Collaborative preparation and submissions as part of a cooperative team. (SLO 4, 5; GA 3, 5)
  • Compliance with obligations to the court. (SLO 1, 3, 4, 5; GA 3, 4, 5)

Assessment task 2: International Oral Submissions Bonus

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.3.0, LAW.4.0 and LAW.5.0

Weight: 16%
Length:

see Further Information

Criteria:
  • Original argument based on application and coherent use of facts and authorities appropriate to the moot problem (SLO 1, 2; GA 3, 4, 5)
  • Focused, integrated and logically staged persuasive argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Professional oral delivery (volume, pace, composure) (SLO 1, 3, 5; GA 3, 4, 5)
  • Responds effectively to opponent’s argument (SLO 1, 2, 3; GA 3, 4, 5)
  • Responds to questions from the Bench in a focused and succinct manner (SLO 1, 2, 3; GA 3, 4, 5)
  • Professional courtroom etiquette when dealing with the Bench (appropriate manner, language and professional dress) (SLO 1, 2, 3; GA 3, 4, 5)
  • Feedback implemented to improve preparation and performance (SLO 3; GA 3, 5)
  • Collaborative preparation and submission (SLO 5; GA 3, 5).

Assessment task 3: Participating in International Rounds of Oxford International Intellectual Property Moot Competition

Length:

The exact word count for each year is subject to the rules of the competition. The word count for oral submissions varies for each student. Requirements’ are based on the written submissions each student develops for their arguments so each student may have a different length of time to submit orally. The division of time between speakers also varies for each time an individual student will moot.

Minimum requirements

Students must actively participate in preparation of the written and oral submissions and attend meetings with team members, coaches, and academic advisors. All submissions need to comply with the competition rules. Failure to do so will result in imposition of penalties in the competition and impact upon the mark and grade awarded for the subject. It may also result in members being dropped from the team.

Required texts

The required text that students are expected to read on mooting is: Joel Butler and Terry Gygar, Australasian Mooting Manual (Lexis Nexis, 2nd ed, 2012).

There is no specific legal text, and materials will vary each year depending on the issues arising from the moot question.

Recommended texts

Lionel Bently and Brad Sherman, Intellectual Property Law, 4th ed. (Oxford University Press, 2014)

S Ricketson, M Richardson, M Davison, Intellectual Property: Cases, Materials and Commentary, 5th ed. (Lexis Nexis, 2012)

Kathy Bowrey, Michael Handler, Dianne Nicol, Kimberlee Weatherall, Australian Intellectual Property, 2nd ed (Oxford University Press, 2015)