University of Technology Sydney

C11130v4 Graduate Certificate in Trade Mark Law and Practice

Award(s): Graduate Certificate in Trade Mark Law and Practice (GradCertTMLP)
Commonwealth supported place?: No
Load credit points: 24
Course EFTSL: 0.5
Location: Distance

Notes

This course is only available by distance mode. International students are not eligible for a student visa to study this course in Australia.


Overview
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
Articulation with UTS courses
Professional recognition
Other information

Overview

UTS has established expertise and a reputation for providing courses relevant to the needs of the patent and trade marks professions. The course fulfils the entire educational requirements for registration as an Australian trade marks attorney under the knowledge requirements of the Trans-Tasman IP Attorneys Board.

The unique feature of this course is that it may be undertaken entirely online, removing the need for students to attend face-to-face classes.

Course aims

This course provides graduates with an understanding of the principles of:

  • the registered trade mark system in Australia and New Zealand, including the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia and New Zealand
  • legal process and professional conduct regulation of trade mark attorneys and Trans-Tasman patent attorneys in Australia and New Zealand.

Career options

Graduates can seek registration as an Australian trade marks attorney in Australia and New Zealand. Other career options include: IP lawyer, trade mark portfolio manager, policy maker and government regulator.

Course intended learning outcomes

1.1 Demonstrate understanding of a body of legal knowledge relating to trade marks law and practice and contemporary developments in law and its professional practice.
2.1 Apply principles and approaches to ethical decision-making and professional responsibility in professional practice.
3.1 Apply skills in legal research, critical analysis and evaluation to problems and questions in trade marks law and practice.
6.1 Generate solutions to legal issues through effective collaboration and communicate accurately and persuasively to a variety of audiences.
7.1 Reflect on the limitations of trade mark law for advancing Indigenous interests to inform future practice as trade mark professionals.

Admission requirements

To be eligible for admission to this course, applicants must meet the following criteria.

Applicants must have one of the following:

  • Completed Australian doctorate, or overseas equivalent, in any field of study

OR

  • Completed Australian bachelor's degree or Australian master’s degree, or overseas equivalent, in any field of study with a minimum GPA of 4/7

OR

  • Completed Australian bachelor's degree or Australian master’s degree, or overseas equivalent, in any field of study AND Capacity to study the course demonstrated through relevant professional experience

OR

  • Capacity to study the course demonstrated through relevant professional experience

Supporting documentation to be submitted with the application

For applicants who need to demonstrate capacity to pursue the course:

  • Curriculum Vitae AND Statement of service in one of the following formats:
    • A 'Statement of Service' provided by the employer
    • A completed 'UTS statement of service’ signed by the employer
    • A statutory declaration confirming work experience (for Australian Residents only)
    • An official letter from the applicant’s accountant or solicitor on their company letterhead confirming the applicant’s work experience or engagement with the business, duration of operations, and the nature of the business
    • A business certificate of registration in original language and English (e.g. provision of ASIC documentation or ABN or similar documentation for Australian Businesses)
  • Relevant work-related references
  • Personal statement outlining relevant professional experience and reasons for pursuing this course

The English proficiency requirement for international students or local applicants with international qualifications is: IELTS Academic: 6.5 overall with a writing score of 6.0; or TOEFL iBT: 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.

International students

Visa requirement: To obtain a student visa to study in Australia, international students must enrol full time and on campus. Australian student visa regulations also require international students studying on student visas to complete the course within the standard full-time duration. Students can extend their courses only in exceptional circumstances.

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

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 practice as a legal practitioner, and
  • a current Australian Practicing Certificate.

The Trans-Tasman IP 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 recognition of prior learning from the TTIPAB directly, and are advised to do this prior to seeking recognition of prior learning towards the UTS Intellectual Property courses.

More detailed information (including application, credit point limits, time limits, appeal of decision, record of precedent) about recognition of prior learning in the Graduate Certificate in Trade Mark Law and Practice is available at postgraduate course information.

Course duration and attendance

The course can be completed in a minimum of one session of full-time or one year of part-time study.

Note: Timetabling restrictions apply as some subjects are only offered in Spring session (e.g. 77890 Trade Marks Practice is only offered in Spring session). Therefore, the knowledge requirements for registration by the Trans-Tasman IP Attorneys Board as an Australian trade marks attorney can be completed in:

  • one session of full-time study in Spring session, or
  • by part-time study over Autumn and Spring sessions.

The subjects within 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.

Course structure

The course requires completion of 24 credit points of core subjects. As part of this course, students must complete 77905 Preparing for Intellectual Property Practice in their first session of study or be granted RPL for this subject.

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.

Course completion requirements

STM90743 Trade Mark Law and Practice stream 24cp
Total 24cp

Articulation with UTS courses

Graduate certificate candidates may apply to internally transfer to the Master of Intellectual Property (C04251). Successful candidates are not awarded the graduate certificate but subjects undertaken within the graduate certificate are applied towards the Master of Intellectual Property.

Professional recognition

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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