77893 Designs Law and Practice
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((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): 76084 Intellectual Property: Copyright and Designs AND 78194 Designs Law and Practice
Description
Designs Law and Practice provides an understanding of the principles of designs law and the operation of the design registration system in Australia and New Zealand. Design registration is an important consideration in the production of goods, and consequently important to an overall intellectual property strategy. In this subject, students learn about the law of designs: what are the historical and theoretical origins of design law, what is the subject matter of a registrable design, what is a new and distinctive design, how does design law overlap with copyright law, how are design rights exploited and what actions are available for infringement. Designs Law and Practice also introduces students to the design registration process, including registration procedure, maintenance, office practice, third-party objections and expungement. These areas of law and practice are then considered in an international context, which suggests a number of differences between the designs law of Australia, New Zealand and other relevant jurisdictions. Students develop legal knowledge and analytical skills through problem-solving activities based in current Australian and New Zealand legal and business practice. Students are also required to use research to critically evaluate laws, practices and policies. These activities enable students to develop their ability to advise and to handle the interests of a client in prosecution and maintenance of a design application, including advice on the desirability of seeking design protection and provision of alternative protection.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and apply advanced and integrated knowledge of legislation and case law relating to designs law to resolve complex problem-based scenarios. |
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| 2. | Critically analyse and evaluate the legal framework pertaining to the regulation of designs in Australia and New Zealand, as well as IP Australia’s and IPONZ’s practice and procedure. |
| 3. | Think critically and strategically in relation to complex problems involving ethical practice and adopt a solution-focused approach to designs practice. |
| 4. | Construct and articulate logical, reasoned, persuasive and justifiable legal and scholarly arguments in response to complex scenarios involving designs law and practice. |
| 5. | Identify and locate research material relevant to contemporary policy debates in the fields of designs law and creatively and analytically evaluate the factual, legal and theoretical issues which arise. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
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. (1.1) - Critical Analysis and Evaluation
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. (3.1) - Research Skills
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. (4.1) - Communication
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. (5.1)
Teaching and learning strategies
Strategy 1: Self-managed learning
The subject adopts a system of self-managed learning that offers students choices about how and when to study.
Self-managed preparation and reflection is central to the learning in this subject, which relies on students using learning materials to familiarise themselves with the law and relevant critical material for each topic. Online learning materials are released in grouped modules allowing students to work through topics at their own pace. Students prepare for each topic by completing prescribed readings (in accordance with this course outline); viewing written, graphical and audiovisual material for each module (available on Canvas Learning Management System, hereafter referred to as Canvas); participating in online polls and questions on Canvas and reflecting on and answering discussion questions on the Discussion Board on Canvas.
Students are strongly encouraged to use the Discussion Board to ask each other questions, and raise issues which relate to the reading materials. Teaching staff provide written feedback to questions raised by students on the discussion boards. Engaging in these activities enables students to engage with other students and teaching staff.
Students develop their understanding of key concepts and develop skills in interpretation and analysis of complex legal problems. Students are required to implement an effective time management strategy to complete the modules within the session while contributing to online discussions and completing the assessment tasks in a timely manner.
Strategy 2: Learning through discussion and problem solving
Students develop and test their understanding of the material by actively and constructively participating in online discussions and webinars. Students will be presented with discussion questions for each module and students will engage in discussion of the legal issues and problems that arise in the discussion forum. Students are required to participate in online polls and discussion questions for each module that address legal issues and problems that are relevant to designs law. Students are also expected to participate in a webinar during the course that addresses common issues in the practice of designs law. This assists them to develop skills that are important to professional practice. Students participate in problem-solving exercises by addressing discussion questions and through the assessment tasks. Problem-solving involves interpreting and analysing legislation and cases, and applying the legislation and principles developed through the case law to novel and complex factual situations. The ability to solve problems is an essential professional skill for any legal advisor or patent attorney practicing in designs law.
Strategy 3: Applying Research Skills
Students undertake independent research relevant to assessment tasks. The research essay and discussion questions require students to identify relevant case law and secondary material on their own. Being able to engage in research to find relevant material is a key skill for a legal practitioner or patent attorney. Critical reading and analysis of judicial and scholarly material are also crucial skills in practice. The discussion questions associated with each topic will test students’ understanding of the subject content and ability to apply legislation and legal principles to complex legal problems. Students will develop and refine skills in identifying and synthesising relevant material and using this material to make reasoned, logical, justifiable and persuasive written arguments in their research essay and through participation in Discussion Boards on Canvas.
Strategy 4: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback enable students to further develop their academic skills and clarify their understanding of relevant materials. Students will complete assessment tasks across the course of the session with an early assessment task scheduled to provide feedback to students prior to the Census date. Tailored written feedback addressing the assessment criteria will be provided during semester for each task. Students will receive automatic feedback for online exercises. Ongoing written feedback is provided by the teaching staff to students via the Discussion Boards on Canvas.
Subject Delivery:
The subject is delivered wholly online and requires no on-campus attendance.
Students are strongly encouraged to participate in the webinar in Week 5 of the course. Further details about this webinar will be provided on Canvas.
Content (topics)
- Introduction to Australian and New Zealand Designs Law
- Design Application and Registration Process
- Subject Matter of Design Registration
- Only New and Distinctive Designs are Registrable
- Intersection between Copyright and Designs Law
- Ownership of Designs and Registration of Security Interests
- Infringement
- Defences, Compulsory Licences and The Rights of the Crown
- Offences and Remedies
- The Jurisdiction and Court Structure Governing Designs Law and Litigation Strategy
- Policy Reform and Designs Act 2003 Transitional Provisions
- International Aspects of Designs Law
Assessment
Assessment task 1: Professional Conduct Case Study
| Intent: | This is a case study which requires students to answer a problem question that considers matters of professional conduct for patent and trade mark attorneys. This task provides students with the opportunity to test their knowledge of the professional conduct rules for Patent and Trade Marks Attorneys (Part 2 of subject) and develop their skills in legal research, analysis and legal writing |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 10% |
| Length: | 500 words maximum, excluding all footnotes. Word limit for this task has 10% leeway. |
| Criteria: | Your assessment mark is measured against the following criteria:
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Assessment task 2: Research Essay
| Intent: | Students research and write a research essay chosen from a pre-set list of essay topics on the legal framework, regulatory policy and the legal process of designs law. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 30% |
| Length: | 2000 words maximum, excluding footnotes. Word limit for this task has 10% leeway. |
| Criteria: | Your assessment mark for this item is measured against the following criteria:
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Assessment task 3: Final Examination
| Intent: | This task tests students’ understanding of the legal concepts and principles covered in the entire course and their ability to use critical analysis and problem solving skills to concisely identify relevant legal issues and articulate solutions to legal and practice problems that are likely to be found in legal practice. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1 and 3.1 |
| Weight: | 50% |
| Length: | 2400 words maximum, excluding all footnotes. Word limit for this task has 10% leeway. |
| Criteria: | You will be assessed on:
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Assessment task 4: Online Participation
| Intent: | This assessment task provides students with the opportunity to test their understanding of the principles, laws and practice issues affecting designs law and practice and develop their oral communication skills in a supportive class environment. Learning is both an individual and a social act and interactions with teachers and fellow students are an important source of learning. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
| Weight: | 10% |
| Length: | 1000 words equivalent |
| Criteria: |
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Required texts
Students should refer to the e-reading lists and materials specified on the Canvas site for this subject.
Other resources
Legislation
Designs Act 2003 (Cth)
Designs Regulations 2004 (Cth)
Designs Act 1953 (NZ)
Designs Regulations 1954 (NZ)