LAWS5150 Intellectual Property Law
- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- This unit is designed to introduce students to the major intellectual property law regimes. Intellectual property is a dynamic area of law which governs most forms of creativity and plays an important role across an incredibly broad spectrum of industry, science, design, technology and culture. It impacts everyone in their personal and professional lives, irrespective of their interests or occupations. It is therefore an essential unit for those seeking to better understand how intellectual property is protected and exploited, and of course those who wish to gain specialist expertise in intellectual property law.
The unit begins with an overview of all the major regimes and the major international frameworks that shape intellectual property laws nationally and internationally. The unit then briefly explores the essential theoretical foundations of intellectual property rights, and contrasts the laws relating to registered and unregistered trademarks (including the statutory prohibitions on misleading and deceptive conduct and the common law tort of passing off), patents, registered designs, copyright and moral rights.
The unit takes an Australian focus but also engages with the international instruments which shape intellectual property law globally, and may undertake select comparisons of foreign intellectual property law. It focuses on the essential principles of intellectual property law, policy and practice, and also explores emerging issues in intellectual property law.
- Students are able to (1) demonstrate, at an advanced and integrated level, knowledge of (a) the nature and purpose of the laws relating to registered and unregistered trademarks, patents, registered designs, copyright and moral rights; (b) the kinds of expression which may be eligible for protection under these rules; (c) the basic features of the international rules governing the protection of intellectual property and the way in which they shape domestic and international laws and (d) policy and reform issues in relation to the regulation of intellectual property rights in Australia and in select foreign jurisdictions; (2) demonstrate (a) the ability to reflect upon and respond to ethical issues arising in intellectual property law; and (b) a developing ability to exercise judgment; (3) identify and articulate complex intellectual property issues; apply legal reasoning to hypothetical fact scenarios and solve problems relating to the subsistence, ownership, exploitation and infringement of intellectual property rights; (c) critically analyse and evaluate (both orally and in writing) issues of policy, theory and reform in relation to the regulation of intellectual property rights in Australia and in select foreign jurisdictions; and (d) engage in critical analysis of case law and application of statutory interpretation; (4) identify, research, evaluate and synthesise factual, legal and policy issues on selected and contemporary topics in intellectual property law; and (5) communicate in tutorials and lectures in ways that are effective, appropriate and persuasive for legal and non-legal audiences.
- Indicative assessments in this unit are as follows: (1) tutorial work; (2) research essay; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit except in the case of a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
- Unit Coordinator(s)
- Associate Professor Jani McCutcheon
- Unit rules
- for Juris Doctor students: LAWS4101 Foundations of Law and Lawyering, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, and LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
- Advisable prior study:
- LAWS4104 Property
- LAWS3338 Introduction to Intellectual Property
- Contact hours
- 3 hours per week
- Unit Outline
- Semester 1_2019 [SEM-1_2019]
Davison, M. J. Australian Intellectual Property Law, 2nd edn: LexisNexis 2012
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.