University of Technology Sydney

C04363v1 Juris Doctor Master of Intellectual Property

Award(s): Juris Doctor (JD)
Master of Intellectual Property (MIP)

Commonwealth supported place?: No
Load credit points: 168
Course EFTSL: 3.5
Location: City campus

Notes

This course is not offered to international students.


Overview
Course aims
Career options
Course intended learning outcomes
Admission 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 in and a reputation for providing courses relevant to the needs of the patent and trade mark professions. The UTS Juris Doctor Master of Intellectual Property is the first at an Australian university that fulfils the entire educational requirements for registration as a registered trade marks attorney and patent 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. The Juris Doctor 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.

This course brings together knowledge and skills across the two areas of intellectual property and law. Students seeking exposure to both areas are able to undertake study in this one integrated course. Upon successful completion of this course students can seek registration as a trade marks attorney and patent attorney in Australia. This course provides students with the academic qualification required for admission to legal practice. Students who undertake additional study in Practical Legal Training (PLT) satisfy the practical requirements to seek admission, together with the academic requirements, to legal practice. UTS offers PLT with the Graduate Certificate in Professional Legal Practice (C11232).

Course aims

This course provides graduates with an understanding of the principles of the law and the Australian legal system, the registered trade marks system, the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia.

Career options

Career options also include, but are not limited to, lawyer within a private firm, government department or community law centre, patent and trade marks attorney, IP lawyer, IP portfolio manager, policy maker and government regulator in the public or private sector or legal IP 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:
    (i) Self-assessing skills and personal wellbeing; and
    (ii) Making appropriate use of feedback;
d. A capacity to adapt to and embrace change.

Admission requirements

Applicants must have completed a UTS recognised bachelor's degree, or an equivalent or higher qualification, or submitted other evidence of general and professional qualifications that demonstrates potential to pursue graduate studies.

For this course the equivalent qualification required is a bachelor's degree in a discipline other than law or a law qualification from an overseas jurisdiction.

If an applicant does not formally meet the selection criteria but the Faculty deems the applicant to be eligible based on evidence of prior learning and demonstrated capability, the Faculty reserves the right to make an offer to the appropriate course.

Applicants may be asked to provide additional information to assist in the assessment of their application for admission.

The English proficiency requirement for local applicants with international qualifications is: Academic IELTS: 6.5 overall with a writing score of 6.0; or TOEFL: paper based: 550-583 overall with TWE of 4.5, internet based: 79-93 overall with a writing score of 21; or AE5: Pass; or PTE: 58-64; or CAE: 176-184.

Eligibility for admission does not guarantee offer of a place.

Recognition of prior learning

Recognition of prior learning in the UTS Intellectual Property 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 recognition of prior learning 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.

More detailed information (including application, credit point limits, time limits, appeal of decision, record of precedent) about recognition of prior learning in the Juris Doctor Master of Intellectual Property 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 sessions).

All subjects within the intellectual property component of the course can be studied by distance, requiring 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. A number of subjects are concurrently offered in traditional face-to-face on-campus format.

Course structure

The course comprises a total of 168 credit points. The study components for course completion are as follows:

  • 108 credit points of compulsory core law subjects (15 subjects)
  • a 6-credit-point legal theory option (one subject)
  • 48 credit points of intellectual property options (eight subjects), and
  • a 6-credit-point option (one subject).

As part of the intellectual property component of the course, students must complete 77905 Preparing for Intellectual Property Practice.

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
CBK90711 Choice 48cp
CBK91267 Options 6cp
Total 168cp

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 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
70317 Real Property   8cp
70517 Equity and Trusts   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
77898 Patent Law   6cp
Spring session
77889 Trade Marks Law   6cp
77890 Trade Marks Practice   6cp
77895 Interpretation and Validity of Patent Specifications   6cp
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
77891 Patent Systems   6cp
77893 Designs Law and Practice   6cp
77894 Drafting of Patent Specifications   6cp
Select 6 credit points from the following:   6cp
CBK91267 Options 6cp  

Levels of award

The Juris Doctor 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).

The intellectual property component of the course meets the educational requirements for registration as a patent attorney and trade marks attorney in Australia and New Zealand with the Australian Government's Trans-Tasman IP Attorneys Board for Patent and Trade Marks Attorneys can be fulfilled by completing all eight accredited subjects in this course.

Prospective students should check with the Trans-Tasman IP Attorneys Board for specific subjects required to be completed for registration.

Other information

Further information for future students is available on:

telephone +61 2 9514 3660
email law@uts.edu.au

Further information for current students is available on:

telephone 1300 ask UTS (1300 275 887)
Ask UTS