78186 Intellectual Property and Traditional Knowledge6cp
Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905c Preparing for Intellectual Property Practice OR ((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 AND 70107c Principles of Company 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): 76521 Intellectual Property and Traditional Knowledge AND 78187 Intellectual Property and Traditional Knowledge
Much has been written about traditional or Indigenous knowledge, its nature, its value, the desire to access that knowledge and the need for its protection. Traditional knowledge has also been the subject of considerable international debate and law-making to ensure its protection and access on mutually agreed terms with the communities that hold that knowledge, including the establishment of benefit-sharing arrangements.
This subject considers the nature of traditional knowledge, how intellectual property in this area is protected under the Australian legal framework, and the development of strategies for its protection. The subject includes an overview of the international treaty framework, relevant Australian legislation and concerns for Australian Indigenous peoples such as appropriation of Indigenous arts and culture, language, spirituality, biodiversity, biotechnology, medicinal knowledge, film and music.
Students are also introduced to comparisons with protection regimes in other nations such as China and India and have an opportunity to explore other nations through a major research project. Intensive seminars enable students to immerse themselves in this exciting field of legal research through reading, discussion and independent research.
Detailed subject description.