78258 Intellectual Property and Human Rights
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((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 (70109 Evidence OR 70717 Evidence and Criminal Procedure)) OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR 77905c Preparing for Intellectual Property 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) OR (70108c Public International Law AND 70417c Corporate 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.
Description
This subject considers interactions between two areas of international law: intellectual property law and human rights law. Debates about whether intellectual property rights should be waived for all intellectual property relevant to the Covid-19 pandemic are an important example of increasing interactions between intellectual property and human rights, which are becoming more prominent in international and domestic law. These interactions often occur at the interface between public international law and private international law. The theories underlying both intellectual property law and human rights law are relevant to these interactions. The subject considers the way in which theorists have used different approaches to attempt to reconcile interactions between the two fields.
Both international intellectual property law agreements and international human rights law agreements are directly relevant to domestic law. The expansion of international agreements in the field of intellectual property creates increasing obligations on states in developing domestic law. This creates potential conflicts for states seeking to ensure that domestic intellectual property law is consistent with their obligations in international human rights law. This subject uses both an Australian and international perspective to examine case studies where human rights are relevant to copyright, trade marks, patents and confidential information. Students are also encouraged to examine other areas where human rights and intellectual property intersect in class discussion and through their individual areas of research.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Reflect on and interrogate the nature and scope of national and international laws, policies and organisations relevant to intellectual property and human rights; |
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| 2. | Critically and creatively analyse the theoretical bases for intellectual property protection and human rights protection; |
| 3. | Apply advanced and complex knowledge of relevant theory to intersections between intellectual property laws and human rights laws; |
| 4. | Conduct effective research by locating and evaluating legal and other disciplinary sources and apply that research to investigate a legal or policy issue related to human rights and intellectual property; |
| 5. | Construct and present clear, critical and persuasive written and oral arguments that are substantiated by research |
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:
- Critical Analysis and Evaluation
Expertise in analysing legal issues critically, strategically and creatively, including an ability to independently identify and reflect on legal problems, concepts and theories, synthesise complex information, and apply specialised cognitive and creative skills in reasoning to generate appropriate theoretical and practical responses to problems and questions in law. (3.1) - Research Skills
Advanced and specialised research and technical skills necessary to independently identify, research and evaluate complex factual, legal and policy issues, interpret theoretical propositions and make appropriate choices in the application of legal methodologies or established theories to specialised bodies of legal knowledge in the context of legal decision making and analysis of complex legal issues. (4.1) - Communication
Expert and specialised professional communication skills, including highly effective use of the English language, an advanced ability to respectfully inform, analyse, report and persuade and apply conventions of legal drafting in practice, academic writing, and professional communications. (5.1)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students’ preparation, review and reflection outside the classroom are central to the learning in this subject. There is considerable reading required for this subject and students need to ensure they allocate time to ‘make sense’ of the materials for each seminar and test their understanding by reflecting on and considering their responses to the questions for discussion in each seminar (see Canvas). Items such as recent cases and news reports will also be posted to Canvas and also discussed online. All learning resources including readings, seminar questions and other online sources are available on Canvas.
Strategy 2: Online participation
This subject is based on active online learning that is discussion based and collaborative. Seminar discussion is based on a series of prescribed questions for each class (via Canvas), which students reflect upon and answer online. Each student participates by sharing their reflections on seminar topics, answering and asking questions, and responding to and debating with their peers’ views and interpretations. Participating in this way allows students to test their understanding of the topics, build upon their prior learning and practise their communication skills.
Strategy 3: Collaborative problem solving and presentation activities
Online, students work collaboratively using discussion boards to discuss and present an answer to the prescribed question and prepare and present arguments to their peers. Students present their research project to their peers online. Students engage with each others’ research and make substantive comments about the research projects presented by other students. These activities enable students to identify and reflect upon important contemporary issues relating to intellectual property and human rights.
Strategy 4: Feedback
Students have the opportunity to receive on-going feedback from the seminar leader and their peers on their understanding of the materials through regular class participation. Students’ preparation, responses to discussion questions, and participation in group problem solving exercises, form an important part of their learning and enable students to practise and test their capacity to apply relevant legal frameworks to resolve issues relating to intellectual property and human rights, and develop their communication and self-management skills. Students receive extensive individual feedback on their research project when they present an outline of their research project.
Subject Delivery:
This subject is delivered online using the Canvas Learning Management system and weekly online seminars.
Content (topics)
- Overview of key international IP instruments and relevant institutions
- Overview of key HR international instruments and relevant institutions Institutional Engagement: Plain Packaging case study
- Theory of Intellectual Property and contemporary copyright issues
- Theory of Human Rights Law and resolving conflicts
- Interface between Intellectual Property and Human Rights
- Accountability mechanisms
- Human rights issues engaged by patents and confidential information protection
- Human rights issues engaged by copyright protection
- Human rights issues engaged by trade mark protection
Assessment
Assessment task 1: Class/Online Participation
| Intent: | This assessment task provides students with the opportunity to test their understanding of the principles, laws and global issues affecting intellectual property and human rights and practice 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 5 This task contributes specifically to the development of the following graduate attributes: 3.1 and 5.1 |
| Weight: | 20% |
| Length: | 1000 words |
| Criteria: |
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Assessment task 2: Research Essay
| Intent: | This task is designed to provide students with an opportunity to conduct an in-depth investigation of a contemporary issue in the context of intellectual property and human rights. |
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| 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: 3.1, 4.1 and 5.1 |
| Weight: | 60% |
| Length: | 3500 words |
| Criteria: |
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Assessment task 3: Presentation
| 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: 3.1, 4.1 and 5.1 |
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| Weight: | 20% |
| Length: | 500 words written summary of recorded presentation should accompany upload. |
| Criteria: |
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Required texts
e-Readings to be prepared for each topic
Recommended texts
Geiger, Christophe (ed), Research handbook on human rights and intellectual property (Edward Elgar, 2015)
Helfer, Laurence R. and Graeme Austin (eds), Human rights and intellectual property : mapping the global interface (Cambridge University Press, 2011)
Ruse-Khan, Henning Grosse, Protection of Intellectual Property in International Law (Oxford University Press, 2016)
Torremans, Paul (ed), Intellectual property and human rights (Kluwer Law International, 2020)
Wilkinson, Genevieve, Founding a Global Human Rights Culture for Trade Marks (Edward Elgar, 2023)