University of Technology Sydney

79006 Intellectual Property Commercialisation

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): 70110 Introduction to Law
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76056 Intellectual Property Commercialisation Overview AND 78188 Intellectual Property Commercialisation AND 78189 Intellectual Property Commercialisation

Description

Intellectual property (‘IP’) law is an important driver of innovation in fields such as the creative industries, biotechnology, pharmaceuticals and any industries involving new technologies. Nowadays, IP touches almost every aspect of commercial enterprise. This subject introduces students to the core principles of IP law and explores the commercialisation of IP as a business asset for new businesses or as a source of income for existing enterprises. Students explore copyright, designs, patents and trade marks in detail, with additional coverage of passing off, plant breeders’ rights and confidentiality. The commercial risks and opportunities associated with IP and the legal aspects of managing IP and innovation in the marketplace are also examined.

Subject learning objectives (SLOs)

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

1. Demonstrate an accurate understanding of the key areas of intellectual property law;
2. Identify, explain and critically analyse IP issues affecting their field, or business and commercial settings more generally;
3. Demonstrate effective oral and written communication and presentation skills;
4. Identify and locate research material relevant to contemporary issues in IP law and creatively and analytically evaluate the legal and theoretical issues that 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
    A coherent understanding of fundamental areas 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 impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)

Teaching and learning strategies

Strategy 1 – Self-directed preparation: Students prepare for classes by completing prescribed readings and working through interactive modules on Canvas. The modules contain online lectures, questions and other exercises that guide students as they learn the key concepts for each topic. Thorough preparation is essential to get the most out of the live classes.

Strategy 2 – Active, collaborative learning in seminars: Active, collaborative learning in seminars: In the seminars, students test their understanding by explaining and applying the concepts learned during preparation. Seminars involve interactive exercises, group-work on authentic problem questions and class discussion of new cases, selected issues and any current affairs involving IP law. Students are assessed on their knowledge and skills as demonstrated through course engagement (Assessment 1) and receive feedback on their understanding and problem-solving skills regularly during class discussions through peer feedback and discussions with the seminar leader.

Strategy 3 – Video presentations: Students create a pre-recorded oral presentation on a contemporary IP issue of their choice (Assessment 2) to be loaded onto Canvas prior to the relevant class. This will enable feedback from seminar leaders and peers both online and during the class. Student choice of the topic (with guidance from the Subject Coordinator) builds engagement and motivation by allowing students flexibility to work on a topic that relates to their own discipline area or their interests.

Strategy 4 - Developing research and writing skills: Students develop research skills by locating and sharing suitable materials before classes (Assessment 1), researching the content of their video presentation (Assessment 2) and referencing their reflection on learning (Assessment 3). Writing skills are developed through class exercises (A1), provision of written peer feedback on other students’ videos (A2) and the reflection on learning (A3). Presentation skills are developed through class discussions (A1) and the video presentation in A2.

Subject Delivery: This subject is delivered in blended mode in Spring session. It combines online preparation on Canvas with synchronous classes either online or on-campus.

Content (topics)

  • Introduction to IP
  • Copyright
  • Designs
  • Confidential Information
  • Patents and Plant breeders’ rights
  • Passing Off
  • Trade Marks
  • Emerging Issues in IP
  • Business considerations
  • Selling IP
  • Licensing IP

Assessment

Assessment task 1: Course Engagement

Intent:

This task encourages thorough self-directed preparation to ensure student familiarity with key content before live classes. This facilitates active contributions and collaboration with peers in class discussions and small-group work where students can demonstrate their knowledge of course content and practise oral and written communication skills. It also creates opportunities for teacher and peer feedback on students’ understanding and application of core subject materials and themes across the semester.
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:

LAW.1.1, LAW.3.1 and LAW.4.1

Weight: 35%
Criteria:
  1. Demonstrated understanding of current issues and challenges in IP law and engagement with course subject-matter, assigned readings, recorded lectures and other Canvas and class activities.
  2. Completion of Canvas quizzes before the weekly classes.
  3. Regular contribution of suitable, current media and/or journal articles, etc, to Canvas and readiness to discuss these materials in class.
  4. Constructive feedback provided to peers, particularly in relation to Assessment 2 videos.
  5. Quality and accuracy of contributions to discussions and activities in classes and on Canvas.
  6. Cooperative approach to group discussions including contribution to a respectful environment by showing sensitivity to others and a professional attitude towards learning in the subject. ?

Assessment task 2: Video Presentation

Intent:

This assessment task allows students to demonstrate their understanding of course materials in their choice and critical analysis of their topic, as well as practising their oral, written and technical communication skills.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

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

LAW.1.1, LAW.3.1 and LAW.4.1

Weight: 35%
Length:

8-10 minutes
Criteria:
  1. Topic selection: Identification of a suitable topic or issue in IP that demonstrates an understanding of the course materials, current issues in the field and/or relates learning from this subject to your own discipline.
  2. Legal knowledge: Accurate explanation of relevant IP laws and logical application of these to the issue.
  3. Critical analysis: Quality of critical analysis of the chosen issue, including evaluative judgement of sources for and against your position on the issue, with synthesis of course materials and external resources.
  4. Research: Evidence of detailed investigation of relevant course materials to support opinions put forward in your video. Better answers include independent research beyond the Canvas content.
  5. Presentation skills: Clear and thoughtful presentation, facilitation of class and/or online discussion of the topic and appropriate responses to questions and feedback. Concise slides that provide audience with a useful overview of the topic.
  6. Formal requirements: Compliance with formal requirements set out on Canvas, such as time limits and references provided on the final slide.

Assessment task 3: Reflection on Learning

Intent:

This assessment task consolidates student learning from the semester and provides an opportunity for students to link their reflections with disciplinary issues and/or future career aspirations.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

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

LAW.1.1, LAW.3.1 and LAW.4.1

Weight: 30%
Length:

1,250 Words
Criteria:
  1. Topic selection: A good choice of topic that demonstrates engagement with class and Canvas interactions throughout semester.
  2. Quality of reflection: A clear and convincing explanation of the significance of your topic to your own discipline and/or your current or future career aspirations.
  3. Accuracy: Accurate, current explanations of IP concepts relevant to the topic of the paper. All content must be carefully fact-checked, regardless of the source.
  4. Authenticity: Personal observations on learning correlate with class and Canvas interactions during semester, and are conveyed with an authentic voice that 'rings true'.
  5. Research: Evidence of detailed investigation of course materials that supports opinions put forward in your reflection. Better answers include independent research beyond the Canvas content.
  6. Formal requirements: Compliance with instructions provided on Canvas, such as correct referencing style, hyperlinked references and word limit.?A convincing but succinct writing style with no wasted words, irrelevant or redundant content, or vague / unclear sentences.

Required texts

Mark Bender, Samantha Christie, Susan Carter and Simone Lockhart, Marketing and the Law (LexisNexis Butterworths, 6th ed, 2020)

Recommended texts

  • Kathy Bowrey et al, Australian Intellectual Property Law: Commentary, law and practice (Oxford University Press, 3rd ed, 2021)
  • Mark Davison, Ann Monotti and Leanne Wiseman, Australian Intellectual Property Law (Cambridge University Press, 4th ed, 2020)
  • Anne Fitzgerald, Eliades Dimitrios and Rami Olwan, Intellectual Property: Principles and Practice (Thomson Reuters (Professional) Australia, 2022)
  • Claudy Op den Kamp and Dan Hunter (eds), A History of Intellectual Property in 50 Objects (Cambridge University Press, 2019)
  • Rocque Reynolds, Natalie Stoianoff and Alpana Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
  • Sam Ricketson et al, Intellectual Property: Cases, Materials and Commentary (LexisNexis Butterworths, 7th ed, 2024)
  • Sharon Rodrick, Brendan Clift, Jennifer Ireland and Lesley Power, Australian Media Law, (Thomson Reuters (Professional) Australia, 6th ed, 2021) - Copyright and Advertising chapters.
  • William van Caenegem, Judith Bannister, Charles Lawson, Adam Liberman and Andrew Stewart, Intellectual Property in Australia (LexisNexis Butterworths, 7th ed, 2022). Earlier edition (6th ed, 2017) available online via the UTS Library.
  • William van Caenegem, Intellectual and Industrial Property (LexisNexis Butterworths, 4th ed, 2024)

References

Books

Mark Davison and Ian Horak, Shanahan's Australian Law of Trade Marks and Passing Off (Thomson Reuters (Professional) Australia, 7th ed, 2022)

Nickolas James, Business Law (Wiley, 5th ed, 2020)

Andrew Terry and Des Guigni, Business and the Law (Thomson Reuters (Professional) Australia, 7th ed, 2018)

Journals / Newsletters / Databases

The following can be located via the Lexis Advance Pacific database on the UTS Library site:

  • Australian Intellectual Property Law Bulletin
  • Halsbury's Laws of Australia
  • Internet Law Bulletin
  • Media and Arts Law Review

The following can be located via the Westlaw AU database on the UTS Library site:

  • Australian Intellectual Property Journal
  • The Laws of Australia

Websites

Australian Competition and Consumer Commission http://www.accc.gov.au

Australian Copyright Council http://www.copyright.org.au

IP Australia www.ipaustralia.gov.au

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

IP Society of Australia and New Zealand www.ipsanz.com.au

The Internet Industry Association www.iia.net.au

World Intellectual Property Organization: http://www.wipo.int/portal/en/ ?