University of Technology Sydney

78608 Fundamentals of Intellectual Property Law for Industry

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: 2 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Note

This subject is only available for study as a microcredential. Please contact the Faculty of Law Short Courses team law.shortcourses@uts.edu.au for further information.

Description

This microcredential-aligned subject is designed for students to gain practical insights for leveraging intellectual property (IP) opportunities.

This subject provides students with overview of IP and practical insights specifically tailored to meet the needs of industry and business professionals. Students gain comprehensive understanding of IP, including its various types, how to determine the range of IP protections, and an understanding of the process of registering IP.

The content is designed by academics recognised globally as experts in the field. With a focus on industry relevance and an interactive approach to learning, the subject delivery is designed to equip participants with the tools and expertise needed to stand out in a competitive business landscape.

This subject provides learners with skills and knowledge of intellectual property laws and systems that is industry-focused. Upon completion, learners are able to identify the types of intellectual property, identify any IP rights within their work, how to register their IP, and understand the benefits and limitations of registering their IP.

Subject learning objectives (SLOs)

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

1. Identify different types of IP and it’s protection, explain how these relate to ownership.
2. Explain the role and impact of IP in business dealing and/or legal agreements, such as joint ventures, partnerships or employee contracts.
3. Carrying out an IP audit and developing an IP strategy and policy.

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:

    o The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;

    o The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;

    o The principles and values of justice and ethical practices in lawyers' roles;

    o The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and

    o 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:

    o Identify and articulate complex legal issues in context, including the skill of critical reading and writing;

    o Apply reasoning and research to generate appropriate theoretical and practical responses; and

    o Demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses. (3.1)

  • Self-management
    A high level of autonomy, accountability and professionalism and the ability to implement appropriate self-management and life-long learning strategies including:

    o An ability to initiate self-directed work and learning;

    o Well-developed judgment and responsibility;

    o The ability to support personal and professional development by:

    o Self-assessing skills and personal wellbeing; and

    o Making appropriate use of feedback;

    o A capacity to adapt to and embrace change. (8.1)

Teaching and learning strategies

Strategy 1
Self-directed learning – the subject is delivered online. Participants apply self-directed learning skills to engage with and reflect on the
subject materials.

Strategy 2
Interprofessional learning and collaboration. Participants learn from experts and appraise strategies for cross sector communication between industry members and junior legal professionals (including junior solicitors, law clerks, graduates, legal secretaries and paralegals).

Strategy 3
At the end of the subject, participants are to put together, individually, an IP Strategy plan for their own business/industry/workplace.

Content (topics)

The content consists of the topics or modules in the subject. Content may be delivered face-to face, online or a blend of the two.

  1. IP Overview & copyright
  2. Moral rights and designs law
  3. Patents
  4. Plant breeders rights and confidentiality
  5. Trade marks
  6. Passing off and misleading or deceptive conduct
  7. IP commercialisation – IP audit, licensing and competition rules
  8. Business structures, finance and tax considerations

Assessment

Assessment task 1: Assessment Tasks 1 to 3: Multiple Choice Quiz (x 3)

Objective(s):

This task addresses the following subject learning objectives:

1 and 2

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 8.1

Weight: 30%
Length:

n/a

Criteria:

The multiple-choice questions will test the learner's ability to:
• Identify and analyse the different forms of intellectual property rights from complex choices
• Identify and analyse the key elements for validity of each form of intellectual property rights
• Determine the life of the protection.

Assessment task 2: Assessment Task 4: Developing an IP Strategy

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 8.1

Weight: 70%
Length:

1,000 words

Criteria:

Assessment Criteria:
• Demonstrating an integrated understanding of the subject matter relevant to the discussion question.
• Applying critical analysis and evaluation to the issues raised by the question.
• Clarity of expression, use of appropriate language and a demonstrated ability to formulate responses in clear and succinct terms.

Minimum requirements

Completion of assessments tasks and an overall 50 or above mark.

Required texts

There are no specific required resources.

Recommended texts

  • Text: Reynolds R, Stoianoff NP, Roy A 2015, “Intellectual Property: Text and Essential Cases,” (5th Ed) 2 May 2015, The Federation Press.
  • Text: Van Caenegem W, Bannister J, Lawson C, Liberman A and Stewart A, 2022. Intellectual Property in Australia. Lexis Nexis.