University of Technology Sydney

C04364v1 Juris Doctor Graduate Certificate in Trade Mark Law and Practice

Award(s): Juris Doctor (JD)
Graduate Certificate in Trade Mark Law and Practice (GradCertTMLP)

Commonwealth supported place?: Yes
Load credit points: 156
Course EFTSL: 3.25
Location: City campus


Commonwealth Supported Places (CSP) will be considered for applicants with a minimum Grade Point Average (GPA) of 5.5 out of 7 in their previous studies. Note that applicants with a GPA between 5.0 and 5.49 may be assessed for a CSP place depending on availability.

Applicants are strongly encouraged to submit their full application by the following dates to be considered for a Commonwealth Supported Place.

  • Spring 2024: Sunday 26 May 2024

This course is not offered to international students.

Course aims
Career options
Course intended learning outcomes
Admission requirements
Inherent 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


UTS has established expertise and a reputation for providing courses relevant to the needs of the patent and trade marks professions. This course reflects the range of topics required for registration as a trade marks 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.

This trade mark law component of the course provides graduates with an understanding of the principles of the registered trade mark system, the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia. The unique feature is that it may be undertaken entirely online, removing the need for students to attend face-to-face classes.

The Juris Doctor component 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.

Course aims

This course provides graduates with an understanding of the principles of the law and the Australian legal system, the registered trade mark system, the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia. In addition, graduates understand the content and implication of a patent specification, enabling them to advise upon possible questions of infringement, the validity and compliance.

Career options

Career options also include, but are not limited to, lawyer within a private firm, government department or community law centre, trade marks attorney, regulatory affairs and policy adviser in the public or private sector or legal 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:
- Self-assessing skills and personal wellbeing; and
- 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 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 with a writing score of 50; or C1A/C2P: 176-184 with a writing score of 169.

Eligibility for admission does not guarantee offer of a place.

Inherent requirements

Inherent requirements are academic and non-academic requirements that are essential to the successful completion of a course. For more information about inherent requirements and where prospective and current students can get assistance and advice regarding these, see the UTS Inherent requirements page.

Prospective and current students should carefully read the Inherent Requirements Statement below and consider whether they might experience challenges in successfully completing this course.

UTS will make reasonable adjustments to teaching and learning, assessment, professional experiences, course related work experience and other course activities to facilitate maximum participation by students with disabilities, carer responsibilities, and religious or cultural obligations in their courses.

For course specific information see the Faculty of Law Inherent (Essential) Requirements Statement.

Recognition of prior learning

RPL in the UTS Intellectual Property (IP) 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 RPL 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.

Recognition of prior learning information regarding the Juris Doctor Graduate Certificate in Trade Mark Law and Practice 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).

The subjects within the trade mark component of this course are available online by distance learning and require 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.

Subjects in the JD component of the course are offered in face-to-face mode or blended mode (face-to-face and online).

Note: The academic qualifications required to practice law include successfully completing a tertiary academic course in Australia with a duration of at least three years' full-time study of law.

Course structure

The course comprises a total of 156 credit points. The study components for course completion are as follows:

  • 108 credit points of compulsory core law subjects (fifteen subjects)
  • a 6-credit-point legal theory option (one subject)
  • 24 credit points of trade mark law options (four subjects), and
  • 18 credit points of options (three subjects).

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
STM90743 Trade Mark Law and Practice stream 24cp
CBK91268 Options 18cp
Total 156cp

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 UTS Timetable Planner enables current and future UTS students to view subject timetables.

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
70517 Equity and Trusts   8cp
70317 Real Property   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
77889 Trade Marks Law   6cp
Spring session
77890 Trade Marks Practice   6cp
Select 6 credit points from the following:   6cp
77903 Copyright Law 6cp  
78188 Intellectual Property Commercialisation 6cp  
77740 Research Paper 6cp  
77893 Designs Law and Practice 6cp  
78015 Global Aspects of Intellectual Property Law 6cp  
78238 History and Theory of Intellectual Property 6cp  
78186 Intellectual Property and Traditional Knowledge 6cp  
77898 Patent Law 6cp  
Select 6 credit points from the following:   6cp
CBK91268 Options 18cp  
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
Select 12 credit points from the following:   12cp
CBK91268 Options 18cp  

Levels of award

The Juris Doctor component 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).

Subject to final board approval, where applicants have a requisite tertiary qualification as stipulated by the Trans-Tasman IP Attorneys Board for Patent and Trade Marks Attorneys, this course provides the accredited subjects which satisfy the educational requirements necessary for registration as a Trade Marks Attorney in Australia and New Zealand. Prospective students should check with the Trans-Tasman IP Attorneys Board for specific subjects required to be completed for registration.

Other information

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