University of Technology Sydney

76085 Intellectual Property: Trade Marks and Patents

Requisite(s): ( 70327 Introduction to Property and Commercial Law OR (70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77889 Trade Marks Law AND 77890 Trade Marks Practice AND 77891 Patent Systems AND 77898 Patent Law AND 78025 Intellectual Property: Law and Policy


Intellectual property law deals with intangible, creative, inventive and informational assets. This subject examines two areas of this law: trade marks, including the related areas of passing off and the Australian Consumer Law (ACL); and patents. In this subject students develop an understanding of the doctrinal law of trade marks, passing off, the ACL, geographical indications of origin, and patents in terms of the relevant statutory frameworks and their application in the case law. Students also learn about litigation processes and remedies.

Students develop legal knowledge and analytical skills through problem-solving activities that mirror the legal and factual issues that arise in legal practice. These activities provide opportunities for students to develop commercial skills and become solution-focused legal practitioners. The subject further fosters students' skills of critical analysis and oral communication through class discussion of different theoretical, jurisprudential and policy issues underlying areas of law, using readings of works by leading scholars in the field. Students also undertake research to critically evaluate laws, practices and policies. The subject combines a practical with a theoretical approach, enriching students' understanding of the complex public and private interests at play, and preparing them for a career in legal practice or general commerce.

Detailed subject description.

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Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.