78188 Intellectual Property Commercialisation

6cp
Requisite(s): ( 78184 Intellectual Property: Law and Policy 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 AND 78184 Intellectual Property: Law and Policy) 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 AND 78184 Intellectual Property: Law and Policy))
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): 76056 Intellectual Property Commercialisation Overview AND 78189 Intellectual Property Commercialisation AND 79006 Intellectual Property Commercialisation

Description

This subject covers much of the law and some of the business and economics of buying, selling and licensing intellectual property (IP). IP is a broad field, including patents, trade secrets, copyrights, semiconductor chip protection, trade marks, trade dress, internet domain names, and rights of publicity. Licensing of intellectual property takes many different forms in different types of businesses. Research and manufacturing businesses typically buy, sell and license technology, such as patents and trade secrets. They also may trade in copyrights (for example, in computer programs) and protected semiconductor chip designs. Multimedia licences, such as those for films, video games, and multimedia websites, often involve a number of copyrighted properties, and virtually every business has a trade mark or trade name that might or must be licensed and sometimes is sold (for example, in a merger or acquisition).

This subject discusses most, if not all, major types of businesses and their practices in buying, selling and licensing IP. It also touches on some of the basic principles of using IP as collateral or security for other transactions, for example, bank loans. This subject focuses primarily on technology licensing (of patentable inventions and trade secrets), but also discusses 'soft' IP, including such things as copyrights in literary and entertainment properties, websites and computer software and multimedia properties like video games.

The subject is interdisciplinary. About one-third of its substance explores the business and economic aspects of licensing, including the scope of a licence, how licensors make money, and how business people estimate the economic value of IP and licensing rights. Another third discusses legal considerations in licensing, including relevant IP law, antitrust or competition law, involuntary licensing by operation of law, standing to sue and the problems of co-ownership, the problem of 'clearing' legal rights in IP, and selected issues in international practice, such as jurisdiction and enforcement. The final third involves practice or 'skills' training in drafting and negotiating licences and getting a 'sense of the deal' in licensing transactions.

An Australian practitioner engaged in IP licensing almost invariably has dealings with the US and/or Europe and thus must have an awareness of different approaches taken by those jurisdictions to licensing such as the analysis of the anti-competitive effects of a licence. The subject therefore includes an overview of the competition laws of Australia, the US and the EU, as they may affect licensing transactions.

Detailed subject description.