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Foundations of Intellectual Property Law - LAWS3021
 Science

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 3
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2381& LAWS2382 , Co-requiste LAWS2311 , Exclude LAWS3046 & LAWS3248; Prerequisite: JURD7281& JURD7282 , Co-requiste JURD7211 , Exclude JURD7446 & JURD 7448
 
 
Excluded: JURD7321
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
  

Description

Please note: This entry is a 6 UOC version and a new name change of the course which will be effective from Semester 1 2010. If you are enrolled in Summer Semester 2009/2010 as an 8 UOC elective, the code and name of course should be LAWS2021 Industrial and Intellectual Property, course outline is available from the law website under Current Students, Courses, Course offerings for Summer Semester 2009/2010. For the Summer Intensive, the recommended textbook is S.Ricketson, M.Richardson and M.Davison, Intellectual Property: Cases, Materials and Commentary (Sydney: LexisNexis Butterworths, 4th ed, 2009) and the assessment regime will allow students to choose between various combinations and weightings of class participation, problem question precis, problem question, and research essay. Please contact the course teacher Alexandra George if you have any further questions.

Description of Course
This course introduces students to the law of copyright (including moral rights), registered designs, trade marks, passing off, s.52 of the Trade Practices Act1974, breach of confidence, and patents. Students will study the fundamental statutory provisions and common law principles that define the subject matter protected by these doctrines, as well as the pre-conditions for protection and the nature of infringement. They will learn how to approach practical intellectual property problems, and will gain insight into the interrelationships between intellectual property’s various doctrines.

The course aims to build solid foundations for lawyers not specialising in intellectual property, as well as those who might later undertake further studies to specialise in this area of law.

Enrolment Requirements

This course is designed for students wishing to gain an integrated understanding and working knowledge of the core principles of intellectual property law’s main doctrines in a single course. The course aims to build solid foundations for lawyers not specialising in intellectual property, as well as those who might later undertake further studies to specialise in this area of law.

Students wishing to study intellectual property’s various doctrines in more technical depth should consider taking either:
* LAWS3046 Intellectual Property 1 and LAWS3248 Intellectual Property 2 (instead of LAWS3021 Foundations of Intellectual Property Law); or
* LAWS3021 Foundations of Intellectual Property Law plus further intellectual property studies (such as the LLB/JD elective LAWS3057/JURD7357 Advanced Intellectual Property Policy and Practice or postgraduate studies in intellectual property law).

Students will not be permitted to study LAWS3021 Foundations of Intellectual Property Law and LAWS3046 Intellectual Property 1 and/or LAWS3248 Intellectual Property 2.

Recommended Prior Knowledge

Completion of LAWS2381 Property, Equity and Trusts 1 and LAWS2382 Property and Equity 2

Course Objectives

The general aims of this course are to:
  • Develop skills in understanding the complexities of IP law
  • Critique the major doctrinal, theoretical and policy arguments relating to the various categories of IP
  • Foster debate about the adequacy of the current state of IP law
  • Canvass ways in which the law might be improved
On the completion of study of each area students should be able to:
  • Effectively identify the kind and type of IP problem presented
  • Locate the relevant statutory provisions
  • Discuss difficulties that may arise in application
  • Identify potential for further law reform
  • Be aware of the practical limits of statute and litigation in resolving IP disputes
  • Note the economic realities that lead to particular outcomes

Main Topics

  • Copyright
  • Designs
  • Confidential information
  • Patents
  • Trade marks
  • Business reputation

Assessment

2,500 word problem question - 30% (50% if not counting CP)
3,000 word problem question or essay (students' choice) - 50%
Class participation - 20% (Opt-in)

Course Texts

Prescribed

  • J. McKeough, K. Bowrey & P. Griffith, Intellectual Property Commentary and Materials, 2007, 4th ed, LBC
  • Butterworths Intellectual Property Collection, 2008, Butterworths OR online access to relevant IP legislation.

Recommended
S. Ricketson, M. Richardson and M.Davison, Intellectual Property: Cases, Materials and Commentary (Sydney: LexisNexis Butterworths, 4th ed, 2009)

Resources

A full reading guide will be handed out in the first class. It contains comprehensive details of the specific readings for each class.

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© The University of New South Wales, 2004-2009. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.