Course

Intellectual Property 1 - LAWS3046

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:

Pre-requisite: Land Laws (LAWS2383/JURD7283) OR Property, Equity & Trusts 2 (JURD7282/LAWS2382). Co-requisite: Resolving Civil Disputes (LAWS2371/JURD7271) OR Litigation 1 (JURD7211/LAWS2311). Excluded: LAWS3021, LAWS3057, JURD7321, and JURD7357.

Equivalent: LAWS3021

Excluded: LAWS3057

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course considers a key aspect of Australian intellectual property law: the law of copyright, which primarily protects creative and entrepreneurial subject matter such as books, art, music and films. It focuses on key issues such as the history of and justifications for copyright; copyright subject matter; requirements for subsistence; ownership and exploitation issues; infringement, defences and remedies; and moral rights. Attention will also be paid to emerging debates, policy issues and law reform proposals on such issues as the impact of digital technology, rights in entertainment franchises and indigenous artists’ rights. The course also considers other aspects of intellectual property law related to copyright, such as designs law and circuit layout protection.

Please be aware that students who take LAWS3046 Intellectual Property 1 and/or LAWS3248 Intellectual Property 2 will not be able to take LAWS2021 Foundations of Intellectual Property Law and/or LAWS3057 Advanced Intellectual Property Policy and Practice. Similarly, students who take Foundations of Intellectual Property Law and/or Advanced Intellectual Property Policy and Practice will not be able to take either Intellectual Property 1 or Intellectual Property 2.

Recommended Prior Knowledge

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

Course Objectives

  • Demonstrate an understanding of the fundamentals of Australian copyright law
  • Locate and understand relevant statutory provisions and cases
  • 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 copyright disputes
  • Note the economic realities that lead to particular outcomes

Main Topics

  • Introduction to IP
  • Introduction to copyright: history and Justifications
  • Copyright subject matter
  • Requirements for subsistence
  • Ownership
  • Exploitation
  • Infringement
  • Defences and Remedies
  • Moral Rights
  • Emerging issues in copyright law
  • Designs
  • Circuit Layouts

Assessment

Research Essay (3,000 words) - 50%

Problem Question (3,000 words) - 50%

Course Texts

Prescribed casebook

K Bowrey, M Handler and D Nicol, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, 2011)

Recommended textbook
A Stewart, P Griffith and J Bannister, Intellectual Property in Australia (4th ed, LexisNexis, 2010)

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
Scientia Walkway

Study Levels

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