77905 Preparing for Intellectual Property Practice
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77892 Professional Conduct (Intellectual Property) AND 77896 Legal Process and Intellectual Property Overview
Description
This subject introduces students to the legal systems and intellectual property laws of Australia and New Zealand, professional responsibility for patent and trade mark attorneys, and the commercialisation of intellectual property. Students use this knowledge as a framework to develop skills in critical analysis, critical evaluation and legal writing for intellectual property practice. The subject is in three parts. Each part has a dedicated online discussion forum where students are invited to discuss the materials and ask any questions that arise as they explore the materials, build skills and test their learning.
Part 1 explores the Australian and New Zealand legal systems, the courts and legislative processes, and the protection of intellectual property rights by local and international legal systems. Students start to apply the skills of statutory interpretation, case analysis and legal writing and have opportunities to test their learning and obtain feedback on developing skills.
Part 2 explores the rights, privileges and responsibilities of practising patent or trade mark attorneys toward their clients, the profession and community. Further opportunities are offered for students to test their knowledge and incorporate feedback to further develop their skills.
Part 3 explores the principles involved in the efficient and effective management, commercialisation and exploitation of intellectual property assets together with the legal entities and processes used in licensing, franchising, assignment and securing intellectual property rights. Students refine their analytical skills and legal writing and receive feedback on their progress.
Students use the knowledge and skills gained in this subject in intellectual property and/or law subjects as well as in practice.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Demonstrate understanding of and critically analyse and evaluate the legal framework pertaining to the regulation and protection of intellectual property rights in Australia and New Zealand and apply this law to complex scenarios |
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| 2. | Apply legal reasoning and advanced research to generate appropriate theoretical and practical responses; |
| 3. | Convey complex legal ideas and views in writing generating a persuasive, sustained and logical argument with appropriate legal referencing; |
| 4. | Demonstrate an advanced and integrated capacity to understand approaches to ethical decision making and professional responsibility; |
| 5. | Recognise, reflect upon and respond to ethical issues likely to arise in professional practice as a patent and trade marks attorney in Australia or New Zealand in ways that evidence professional judgment, promote justice and serve the community; |
| 6. | Identify, analyse and evaluate the principles involved in the efficient and effective management, commercialisation and exploitation of intellectual property assets in Australia and New Zealand. |
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
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. (1.1) - Ethics and Professional Responsibility
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. (2.1) - Critical Analysis and Evaluation
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. (3.1) - Communication
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. (5.1)
Teaching and learning strategies
Strategy 1: Student preparation for learning & collaboration
Self-managed preparation and reflection is central to the learning in this subject, which relies on students familiarising themselves with the law and relevant critical material for each topic. The subject materials (available on Canvas), set out details of the key resources, including text book readings, cases, e-readings and/or short podcasts that students engage with in order to understand each topic. The subject materials include questions and themes to be considered while reading, which are provided to help students to focus their attention and prepare them to respond to practice-based problem questions. Students are encouraged to participate in online discussions and are invited to ask questions of the teacher or share ideas with their peers on Canvas Discussion Boards. By posting to the Discussion Boards all students benefit from both the question asked, and the answer given. Students should also feel free to answer a question if they know the answer. Students should expect that the teaching staff will check the Canvas Discussion Board every 3-4 days.
Strategy 2: Problem solving
The ability to solve problems is an essential skill for patent and trade marks attorneys. 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. Practice-based problem questions test students learning in each part of the subject. Students prepare for answering problem questions by considering discussion questions that are offered to promote reflection and by responding to questions and quizzes that are offered to test students learning.
Strategy 3: Independent research
Students undertake independent research including identifying relevant case law and secondary material.
Comprehensive guidance is provided in the subject materials to prepare students to use the library and legal databases to find relevant material. Critical reading and analysis of judicial and scholarly material are also important skills. The subject materials and assessment tasks direct students to the key themes and arguments to look for in the subject materials. In this way, students develop and refine skills in identifying and synthesising relevant material and use this to make reasoned, logical, justifiable and persuasive written arguments. Detailed materials and support are provided to assist students in developing their skills in legal writing. They will apply these skills in written responses to practice-based problems and receive individual written feedback on their progress (see below).
Strategy 4: On-going feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Students complete three practice-based problems and are given comprehensive individual written feedback on each of these tasks. Feedback on Canvas summarises the overall class performance in assessment tasks and guides students in how to incorporate their learning in subsequent assessment tasks. In addition to questions in the subject materials that test students learning, an optional online quiz that is available from week 1 provides students with an opportunity to gain formative feedback on their learning in Part 1 of the subject before submitting their first assessment task. Students are also invited to ask questions on the Discussion Board to check that their learning is on track.
Subject delivery
This subject is delivered online. Students refer to detailed subject materials that guide self-managed learning through the resources for each topic.
Content (topics)
Part 1 – Legal Systems and Intellectual Property Rights
1.1. Legal Systems and Processes
1.2. Legal Method and Statutory Interpretation
1.3. IP Systems and Processes
Part 2 – Professional Conduct
2.1 Overview of Professional Responsibility
2.2 Attorney-Client Relationships
2.3 Professional Conduct
2.4 Codes of Conduct and Discipline
2.5 Disciplinary Case Studies
Part 3 – Commercialisation and IP Management
3.1 Laws Impacting on IP Practice
3.2 Management Issues
3.3 Preparing for and Managing Commercialisation
Assessment
Assessment task 1: Short Answer Legal Analysis
| Intent: | This assessment enables students to apply their learning from Part 1 of this subject. The short answer format is also designed to give students practice and feedback on writing succinctly and using references. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 25% |
| Length: | 1,000 words |
| Criteria: |
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Assessment task 2: Code of Conduct Case Study
| Intent: | This task builds and tests student knowledge of the professional conduct rules for Patent and Trade Marks Attorney (Part 2 of subject) and builds upon the skills in legal research, analysis and legal writing that students developed when completing Assessment item 1. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 2.1, 3.1 and 5.1 |
| Weight: | 25% |
| Length: | 1,500 words |
| Criteria: |
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Assessment task 3: Essay
| Intent: | Tests students’ capacities to critically analyse the practical issues involved in the commercialisation of intellectual property and to develop appropriate strategies for ethical commercialisation of intellectual property in a given scenario. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 50% |
| Length: | 2,500 words |
| Criteria: |
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