University of Technology Sydney

79006 Intellectual Property Commercialisation

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 2024 is available in the Archives.

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

Requisite(s): 70110 Introduction to Law
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76056 Intellectual Property Commercialisation Overview AND 78188 Intellectual Property Commercialisation AND 78189 Intellectual Property Commercialisation

Description

Intellectual property (‘IP’) law is an important driver of innovation in fields such as the creative industries, biotechnology, pharmaceuticals and any industries involving new technologies. Nowadays, IP touches almost every aspect of commercial enterprise. This subject introduces students to the core principles of IP law and explores the commercialisation of IP as a business asset for new businesses or as a source of income for existing enterprises. Students explore copyright, designs, patents and trade marks in detail, with additional coverage of passing off, plant breeders’ rights and confidentiality. The commercial risks and opportunities associated with IP and the legal aspects of managing IP and innovation in the marketplace are also examined.

Subject learning objectives (SLOs)

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

1. Demonstrate an accurate understanding of the key areas of intellectual property law;
2. Identify, explain and critically analyse IP issues affecting their field, or business and commercial settings more generally;
3. Demonstrate effective oral and written communication and presentation skills;
4. Identify and locate research material relevant to contemporary issues in IP law and creatively and analytically evaluate the legal and theoretical issues that arise;

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)

Teaching and learning strategies

Strategy 1 – Self-directed preparation: Students prepare for classes by completing prescribed readings and working through interactive modules on Canvas. The modules contain online lectures, questions and other exercises that guide students as they learn the key concepts for each topic. Thorough preparation is essential to get the most out of the live classes.

Strategy 2 – Active, collaborative learning in seminars: In the seminars, students test their understanding by explaining and applying the concepts learned during preparation. Seminars involve formative quizzes and other interactive exercises, group-work on authentic problem questions and class discussion of new cases, selected issues and any current affairs involving IP law. Students are assessed on their knowledge and skills as demonstrated through class participation (Assessment 1a) and receive feedback on their understanding and problem-solving skills regularly during class discussions through peer feedback and discussions with the seminar leader.

Strategy 3 – Asynchronous class presentations: Students create a pre-recorded oral presentation on a contemporary IP issue of their choice (Assessment 1b) to be loaded onto Canvas prior to the relevant class. This will enable feedback from seminar leaders and peers both online and during the class. Student choice of the topic (with guidance from the Subject Coordinator) builds engagement and motivation by allowing students flexibility to work on a topic that relates to their own discipline area or their interests.

Strategy 4 - Developing research and writing skills: Students develop research and writing skills by completing a Research Essay (Assessment 3). Students receive feedback on their research and writing skills before submitting the Essay by completing a Tutorial Paper related to the weekly class topics (Assessment 2). This provides an opportunity to incorporate feedback and improve any areas requiring attention before submitting the Research Essay.

Subject Delivery: This subject is delivered online for all of Spring session

Content (topics)

  • Introduction to IP
  • Copyright
  • Designs
  • Confidential Information
  • Patents and Plant breeders’ rights
  • Passing Off
  • Trade Marks
  • Emerging Issues in IP
  • Business considerations
  • Selling IP
  • Licensing IP

Assessment

Assessment task 1: Class Engagement

Intent:

This task encourages students to practise and develop their critical analysis and oral and written communication skills. It allows feedback throughout the subject on students’ understanding and application of core subject materials and themes. It also encourages collaboration with peers in class discussion and small-group work.
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:

LAW.1.1, LAW.3.1 and LAW.4.1

Weight: 40%
Criteria:

Assessment Criteria for Part A (Class Discussion):

  1. Frequent, clear and thoughtful contributions to class and group discussions on assigned questions, and constructive feedback provided for peers.
  2. Contributions that demonstrate personal engagement with the subject materials and activities across the range of topics and issues.
  3. Critically-informed understanding of current issues and challenges in IP law, demonstrated by presenting persuasive arguments during class discussions.
  4. Cooperative approach to group discussions including contribution to a respectful environment by showing sensitivity to others and a professional attitude towards learning in the subject.

Assessment Criteria for Part B (Topic):

  1. Identification of a suitable topic or issue in IP
  2. Accurate explanation of relevant IP laws and logical application of these to the issue.
  3. Clear and thoughtful presentation, facilitation of class and/or online discussion of the topic and appropriate responses to questions and feedback.
  4. Concise slides that provide audience with a useful overview of the topic. References should be provided on the final slide

Assessment task 2: Tutorial Paper

Intent:

This assessment task gives students an opportunity to follow up on the latest developments in IP discussed in the tutorials, to practise their critical analysis and evaluation skills, and to develop the content, style and quality of written arguments expected of graduates.
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 and LAW.4.1

Weight: 20%
Length:

1000 Words
Criteria:
  1. Thorough knowledge and understanding of the topic
  2. Clear, accurate and creative application of the current law to the topic
  3. A sustained thesis or overall argument
  4. Coherent and persuasive arguments, drawing reasoned and logical conclusions
  5. Well structured and organised
  6. Demonstration of appropriate research skills to identify, research, evaluate and synthesise intellectual property law and policy issues of relevance to the topic
  7. Referencing in accordance with the required citation style

Assessment task 3: Research Essay

Intent:

This assessment task allows students to develop effective writing skills and independent legal research skills. The task encourages and tests independent and self-directed learning.
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 and LAW.4.1

Weight: 40%
Length:

2,000 Words
Criteria:
  1. Thorough knowledge and understanding of the essay topic
  2. Clear, accurate and creative application of the relevant law to the essay topic
  3. A sustained thesis or overall argument
  4. Coherent and persuasive arguments, drawing reasoned and logical conclusions
  5. Well structured and organised
  6. Demonstration of appropriate research skills to identify, research, evaluate and synthesise intellectual property law and policy issues of relevance to the essay topic
  7. Referencing in accordance with the required citation style

Required texts

As students in this subject have differing levels of familiarity with law, readings from 3 different textbooks have been provided, ranging from basic to more advanced. You are NOT required to read or access the readings for all 3 of these 'levels'. Instead you should select the level of textbook you feel is most appropriate for your circumstances.

  • Basic: a selection of readings drawn from different textbooks that can be downloaded (free) through the UTS Library. Many are drawn from an outline chapter in a highly respected business law text: Clive Turner and John Trone, Australian Commercial Law (Thomson Reuters (Professional) Australia, 32nd ed, 2019), Chapter 31 'Intellectual Property'. Other materials are as listed for each week.
  • Intermediate level of difficulty (a good level of coverage for this Subject): Mark Bender, Samantha Christie, Susan Carter and Simone Lockhart, Marketing and the Law (LexisNexis Butterworths, 6th ed, 2020). New copies are available in text or eBook from https://store.lexisnexis.com.au/categories/practice-area/jurisdiction-827/marketing-and-the-law-6th-edition-skumarketing_and_the_law_6th_edition
  • Advanced (a more detailed, law-focused text, suitable for those who have previously studied legal subjects and would like a more in-depth analysis - some additional materials will be provided on Canvas to reflect more recent changes to the law): Rocque Reynolds, Natalie Stoianoff and Alpana Roy, Intellectual Property: Text and Essential Cases (5th ed, 2015). Available in text or eBook from Federation Press at https://federationpress.com.au/product-category/student-texts/page/4/

Recommended texts

  • Kathy Bowrey et al, Australian Intellectual Property Law: Commentary, law and practice (Oxford University Press, 3rd ed, 2021)
  • Mark Davison, Ann Monotti and Leanne Wiseman, Australian Intellectual Property Law (Cambridge University Press, 4th ed, 2020)
  • Anne Fitzgerald and Eliades Dimitrios, Introduction to Intellectual Property (Thomson Reuters (Professional) Australia, 4th ed, 2015)
  • Claudy Op den Kamp and Dan Hunter (eds), A History of Intellectual Property in 50 Objects (Cambridge University Press, 2019)
  • Rocque Reynolds, Natalie Stoianoff and Alpana Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
  • Sam Ricketson et al, Intellectual Property: Cases, Materials and Commentary (LexisNexis Butterworths, 6th ed, 2019)
  • Andrew Stewart et al, Intellectual Property in Australia (LexisNexis Butterworths, 6th ed, 2017)
  • William van Caenegem, Intellectual and Industrial Property (LexisNexis Butterworths, 3rd ed, 2019)

References

Books

Stephen Corones and Jeannie Paterson, Corones’ Australian Consumer Law (Thomson Reuters (Professional) Australia, 4th ed, 2019)

Mark Davison and Ian Horak, Shanahan's Australian Law of Trade Marks and Passing Off (Thomson Reuters (Professional) Australia, 6th ed, 2016)

Arlen Duke, Corones’ Competition Law in Australia (Thomson Reuters (Professional) Australia, 7th ed, 2018)

Nickolas James, Business Law (Wiley, 5th ed, 2020)

Andrew Terry and Des Guigni, Business and the Law (Thomson Reuters (Professional) Australia, 7th ed, 2018)

Clive Turner and John Trone, Australian Commercial Law (Thomson Reuters (Professional) Australia, 32nd ed, 2019)

Journals / Newsletters / Databases

The following can be located via the Lexis Advance Pacific database on the UTS Library site:

  • Australian Intellectual Property Law Bulletin
  • Halsbury's Laws of Australia
  • Internet Law Bulletin
  • Media and Arts Law Review

The following can be located via the Westlaw AU database on the UTS Library site:

  • Australian Intellectual Property Journal
  • The Laws of Australia

Websites

Australian Competition and Consumer Commission http://www.accc.gov.au

Australian Copyright Council http://www.copyright.org.au

IP Australia www.ipaustralia.gov.au

Intellectual Property Research Institute of Australia: http://www.ipria.org/

IP Society of Australia and New Zealand www.ipsanz.com.au

The Internet Industry Association www.iia.net.au

World Intellectual Property Organization: http://www.wipo.int/portal/en/ ?