78184 Intellectual Property: Law and Policy

Warning: The information on this page is indicative. The subject outline for a 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.

UTS: Law
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 (70106c Principles of Public International Law AND 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)) 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. See access conditions.
Anti-requisite(s): 78025 Intellectual Property: Law and Policy AND 78185 Intellectual Property: Law and Policy

Description

Intellectual property law is a rapidly expanding area of the law relating to intangible property. A sound knowledge and understanding of intellectual property law is essential for all those involved in the creation and exploitation of intellectual property endeavours, that is, in recognising and protecting intellectual property rights. Of particular interest are developments in the online environment and biological patents.

This subject provides a comprehensive, in-depth and engaging examination of the legal principles of intellectual property law and the policy issues which inform the development of this law in Australia. It is designed as an introductory survey subject for graduates, practising lawyers and students completing their first law degree.

Each class considers a different form of intellectual property including copyright; designs; patent and trade marks law; passing-off and related actions; moral rights and performer's protection; as well as a consideration of the proposed protection of Indigenous cultural property. In addition, this subject touches on how to deal in IP, the globalisation of IP and emerging issues in intellectual property law.

Students develop skills in critical analysis and evaluation and spoken or written communication as they participate in class and online group discussions. Students also develop self-management skills by preparing and participating in class, writing reflections on their learning, and by composing a research topic and completing a research essay.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1.	Identify and explain the broader contexts within which intellectual property law operates to support innovation in a global context;
2.	Demonstrate integrated knowledge of copyright, moral rights, patents, trade marks and related actions, designs law and confidential information in Australia;
3.	Identify relevant intellectual property issues and apply research, analysis and evaluation to develop legal solutions;
4.	Analyse and evaluate contemporary developments and policy issues in intellectual property law in Australia and New Zealand;
5.	Communicate accurately and persuasively to convey complex legal ideas in legal writing and in group discussion.
6.	Evaluate and implement ongoing professional development in order to work with accountability both in a team and as an autonomous professional.

Teaching and learning strategies

Strategy 1: Pre-class preparation

Preparation for and participation in class discussion provides students with the opportunity to develop, test and reflect upon their learning of the various topics covered in this subject. Students complete the prescribed textbook reading and consult the materials on CANVAS before attempting the online discussion questions.

The materials on CANVAS include flowcharts, powerpoint slides, self-assessment questions linked to the relevant chapters of the textbook, discussion questions to be considered, a selection of key decided cases and miscellaneous materials. Self-assessment questions guide students reading by highlighting key principles, statutory provisions, issues and precedents from decided cases. Discussion questions provide a basis for students to research the particular issues and cases and in this way, prepare students to engage in discussion groups. By preparing in this manner, students develop knowledge of the subject as well as skills in critical analysis, evaluation and autonomous learning.

Strategy 2: Collaborative learning

Students develop and test their understanding of the material by actively and constructively participating in online discussion. Participation in collaborative learning also provides an opportunity for teachers to support and monitor the development of students’ self-management skills. Formative feedback is provided in response to online discussion and also discussion group sessions enabling the exploration of the legislation and decided cases for each intellectual property regime, feedback on learning, further opportunity to engage in discussion, test understanding and gain feedback on progress.

Strategy 3: Self-managed research and writing

The subject requires students to undertake self-managed research and writing in the form of reflection exercises and an essay. The subject will provide scaffolding to support student research, with the lecturer providing guidance and feedback to students before researching and writing the essay. Students will analyse and critically appraise the law exposing shortcomings or inconsistencies and suggest future directions in which the law could advance. This provides an opportunity for students to develop and demonstrate advanced research and self-management skills including a capacity for independent thought and creativity.

Subject delivery:

This subject is delivered in modules online.

Content (topics)

Topic 1

Topic 2

Patents – The Patent System
Patents – Elements of patentability
Patents – Exclusive rights and infringement
Patents – Dealing with patents

Topic 3

Passing off and related actions
Trade Marks – The legislative framework
Trade Marks – Grounds for challenging trade marks
Trade Marks – Collective marks, Certification marks and Defensive trade marks

Topic 4

Designs Law – Registrable designs
Designs Law – Registration process
Designs Law – Exclusive rights and infringement
Designs Law – Copyright-designs overlap
Performers’ Rights
Moral Rights
Confidential Information – Basis of the doctrine
Confidential Information – Elements of the action for breach of confidence
Confidential Information – Defences to action for breach of confidence
Indigenous Cultural Property

Students will be expected to undertake the following preparation for each module:

Consult and study the materials uploaded on CANVAS
Acquire and read through the textbook to gain an overview of the intellectual property regimes to be covered in the subject
Attempt the self-assessment seminar questions for each module
Consider the leading cases highlighted in the online materials and the textbook

The prescribed and recommended readings for each topic are available on CANVAS.

Assessment

Assessment task 1: Class reflection assignments

Intent:	Class reflection assignments provide students with the opportunity to test their understanding of the principles, laws and policy issues affecting intellectual property law that are explored in each seminar and to practice written communication skills in a supportive online environment.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	40%
Length:	500 words x 4
Criteria:	Demonstrating an integrated understanding of the subject content relevant to the question; Applying critical analysis and evaluation to the issues raised by the question; Contributing to a collaborative learning environment by taking initiative to generate discussion, encouraging others to participate, and raising pertinent questions that are based on wider reading; Demonstrating reflective, responsive and respectful attitudes towards other perspectives, a willingness to consider and engage with alternative viewpoints and, where relevant, to admit to lack of understanding or areas of confusion; Clarity of expression, use of appropriate language and a demonstrated ability to formulate responses in clear and succinct terms; Utilising AGLC3 style and referencing.

Assessment task 2: Research essay

Intent:	This task is designed to provide students with an opportunity to conduct an independent, in-depth investigation of a contemporary issue in the context of Intellectual Property Law and Policy.
Objective(s):	This task addresses the following subject learning objectives: 1, 3, 4, 5 and 6 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	60%
Length:	3000 words
Criteria:	Demonstrates advanced and integrated understanding of the chosen topic including its theoretical underpinnings and the relationship between relevant law and policy; Effective research strategy that identifies an appropriate range of legal and other disciplinary sources; Critical analysis and evaluation of the issues raised and the opportunities for reform of intellectual property law and policy in Australia and New Zealand; Applies insight and innovative thought to the operation of IP law and policy at a domestic and international level; Articulates a clear, concise and coherent argument which is logically structured and supported by evidence; Constructs an effective essay structure that guides the reader through the arguments and the evidence; Utlises clear written expression with correct use of grammar, punctuation and spelling; Provides an appropriate bibliography and accurate and consistent referencing in accordance with AGLC3.

Required texts

Reynolds, Stoianoff & Roy, Intellectual Property: Text and Essential Cases, (Federation Press, 5th Edition, 2015)

Recommended texts

Stewart, van Caenegem, Bannister, Liberman and Lawson 'Intellectual Property in Australia' (Lexis Nexis, 6th , 2017).

Ricketson, Richardson and Davison Intellectual Property Cases Materials and Commentary (Lexis Nexis, 5th Ed 2013).

Bowrey, Handler, Nicol and Weatherall Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, 2nd Ed)

Davison, Monotti and Wiseman 'Australian Intellectual Property Law' (Cambridge, 2008).

McKeough, Bowery and Griffith 'Intellectual Property Commentary and Materials' (Lawbook Co, 4th Ed, 2007).

Butterworths IP legislation collection - latest edition OR download acts.

Van Caenegam, Intellectual Property (Butterworths, 2nd Ed, 2006).

References

Akindemowo O. Information Technology Law in Australia, (LBC. 1999)

Arup C, Innovation, Policy and the Law; Australia and the International High Technology Economy, (Cambridge University Press, 1993)

Arup C. The New World Trade Organization Agreements, (Cambridge University Press, 2000)

Bently L & Sherman B, Intellectual Property Law OUP, latest edition (currently 3rd Ed)

Calvert M. & Reid I, Technology Contracts: A Handbook for Law and Business (Butterworths, 2002)

Bannon C. Passing Off, Trade Deception, Trade Marks, Butterworths, (rare and difficult to find)

Carter J & Harland D., Contract Law in Australia (Butterwordths, latest edition)

Corones S. Competition Law in Australia (LBC, latest edition)

Dean R. The Law of Trade Secrets and Personal Secrets (LBC, 2nd Ed 2002)

Drahos & Braithwaite Information Fuedalism: Who Controls the Knowledge Economy?, (Earthscan, 2002)

Drahos & Mayne Global Intellectual Property Rights: Knowledge, Access and Development, (Macmillan, 2002)

Drahos & Braithwaite Global Business Regulation, (Cambridge University Press, 2000)

Drahos A Philosophy of Intellectual Property, (Dartmouth, 1996)

Lahore Dwyer J. & Duffy A., Patents, Trade Marks and Related Rights, Butterworths loose leaf

Gaze B, Copyright Protection for Computer Programs, (Federation Press, 1989)

IP Australia, IPToolbox, IP Aust

Koepp R., Clusters of Creativity (John Wiley and Sons Ltd, 2002)

Lahore & ors Copyright and Designs , Loose Leaf Service, Butterworths

Miller R. Annotated Trade Practices Act, Law Book Co., (latest edition)

McGinness P., Intellectual Property Commercialisation (Lexis Nexis Butterworths, 2003)

Monotti A. & Ricketson S., Universities and Intellectual Property (OUP, 2003)

Rowland D. & Macdonald E. Information Technology Law (Cavendish Publishing, 1997)

Shannahan, Davison, Freeman & Berger Shanahan's Australian Law of Trade Marks (Law Book Co, 4th ed. 2008)

Sell S., Private Power, Public Policy (Cambridge University Press, 2003)

Tang K et al., Taking Research to Market How to Build and Invest in Successful University Spinouts Euromoney Books 2004 CCH, Industrial and Intellectual Property loose leaf Services Copyright Law Review Committee Reports Copyright Council of Australia Bulletins

Other resources

Loose leaf Services

Lahore Patents, Trade Marks and Related Rights, 1996 - , Butterworths
Ricketson The Law of Intellectual Property: Copyright, Designs and Confidential Information,. 1999- , LBC

Case Reports

Intellectual Property Reports (IPR) for cases since 1983 (Butterworths)
Australian Intellectual Property Cases (AIPC) (CCH)
Fleet Street Reports (FSR)
Report of Patent Cases (RPC)

Periodicals

Copyright Reporter
Intellectual Property Journal (Australia)
Intellectual Property Journal (Canada)
European Intellectual Property Review (EIPR)
IP Asia Supplementary Materials

Useful Websites

Attorney Generals Department Copyright Division: http://www.acip.gov.au/

Advisory Council on Intellectual Property: http://www.acip.gov.au/

Australian Copyright Council Information Centre: http://www.acip.gov.au/

Department of Foreign Affairs and Trade AUSTFA: http://www.dfat.gov.au/trade/negotiations/us_fta/final-text/index.html

IP Australia: http://www.ipaustralia.gov.au/

Intellectual Property Research Institute of Australia: http://www.ipria.org/

World Intellectual Property Organissation: http://www.wipo.int/portal/index.html.en

World Trade Organisation TRIPS: http://www.wipo.int/portal/index.html.en

UTS Law Faculty Guide to Essay Writing www.law.uts.edu.au