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  2. Intellectual Property Law [LAW2106]

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Intellectual Property Law

  • Unit Code

    LAW2106

  • Year

    2015

  • Enrolment Period

    1

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit involves a detailed examination of current intellectual property law in Australia. The unit examines matters including the nature of intellectual property, copyright, designs, integrated circuits, patent, passing off and misleading and deceptive conduct concerning business reputation, trade marks, the protection of computer software, parallel information and the international dimension of intellectual property protection including cyber issues and privacy.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply intellectual property law concepts to analyse and propose solutions and remedies to practical problems, including the capacity to advocate for or justify the position of a party.
  2. Demonstrate a significant knowledge and understanding of current Australian intellectual property law.
  3. Demonstrate an understanding of the application and enforcement of intellectual property rights in the international environment including demonstrating an understanding of key international conventions in the area.

Unit Content

  1. An introduction to Australian intellectual property law.
  2. Copyright including the nature of the right (parts III and IV), exploitation, infringement, defences and remedies.
  3. Copyright protection for computer programs including parallel importation and integrated circuits.
  4. Designs.
  5. Establishing intellectual property civil liability, jurisdiction issues, and the available remedies.
  6. Patents including the requirements for patentability, the application process, the differences between a standard and an innovation patent, infringement and remedies.
  7. The concept of rights in information including establishing an action for breach of confidence and the available remedies and defences.
  8. The international dimension to intellectual property including that mandated by the WTO - the TRIPS Agreement.
  9. The misappropriation of business reputation including passing off and misleading and deceptive conduct.
  10. Trade marks including the requirements for registration, the process of registration, infringement and remedies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on intellectual property law issues.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
TestTEST30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial discussion and participation10%
TestTEST30%
ExaminationFinal examination60%

Text References

  • ^ Stewart, A., Griffith, P., Bannister, J., & Liberman, A. (2014). Intellectual property in Australia  (5th ed.). Sydney: LexisNexis.
  • McKeough, J., Bowery, K., & Griffith, P. Intellectual property: Commentary and materials (4th ed.). Pyrmont, NSW:Thomson Law Book Co.
  • Caenegem, W. Intellectual property: Butterworths tutorial series (2nd ed.). Sydney: Butterworths.
  • Caenegem, W. (2009). Intellectual and industrial property in Australia. Sydney: LexisNexis.
  • Price, D., Bodkin, C., Arnold, B., & Adjei., P. (2011). Intellectual property: Commentary and materials (5th ed.). Pyrmont, NSW:Thomson Law Book Co.
  • Ricketson, S., Richardson, M., & Davidson, M. (2012) Intellectual property: Cases, materials and commentary (5th ed.). Sydney: LexisNexis.

Website References

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2106|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Intellectual Property Law

  • Unit Code

    LAW2106

  • Year

    2015

  • Enrolment Period

    2

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit involves a detailed examination of current intellectual property law in Australia. The unit examines matters including the nature of intellectual property, copyright, designs, integrated circuits, patent, passing off and misleading and deceptive conduct concerning business reputation, trade marks, the protection of computer software, parallel information and the international dimension of intellectual property protection including cyber issues and privacy.

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply intellectual property law concepts to analyse and propose solutions and remedies to practical problems, including the capacity to advocate for or justify the position of a party.
  2. Demonstrate a significant knowledge and understanding of current Australian intellectual property law.
  3. Demonstrate an understanding of the application and enforcement of intellectual property rights in the international environment including demonstrating an understanding of key international conventions in the area.

Unit Content

  1. An introduction to Australian intellectual property law.
  2. Copyright including the nature of the right (parts III and IV), exploitation, infringement, defences and remedies.
  3. Copyright protection for computer programs including parallel importation and integrated circuits.
  4. Designs.
  5. Establishing intellectual property civil liability, jurisdiction issues, and the available remedies.
  6. Patents including the requirements for patentability, the application process, the differences between a standard and an innovation patent, infringement and remedies.
  7. The concept of rights in information including establishing an action for breach of confidence and the available remedies and defences.
  8. The international dimension to intellectual property including that mandated by the WTO - the TRIPS Agreement.
  9. The misappropriation of business reputation including passing off and misleading and deceptive conduct.
  10. Trade marks including the requirements for registration, the process of registration, infringement and remedies.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. On-campus students will attend a weekly two hour lecture and one hour tutorial. Off-campus students access the unit via Blackboard. Regular online access is required. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on intellectual property law issues.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial participation10%
TestTEST30%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
ParticipationOnline tutorial discussion and participation10%
TestTEST30%
ExaminationFinal examination60%

Text References

  • ^ Stewart, A., Griffith, P., Bannister, J., & Liberman, A. (2014). Intellectual property in Australia  (5th ed.). Sydney: LexisNexis.
  • McKeough, J., Bowery, K., & Griffith, P. Intellectual property: Commentary and materials (4th ed.). Pyrmont, NSW:Thomson Law Book Co.
  • Caenegem, W. Intellectual property: Butterworths tutorial series (2nd ed.). Sydney: Butterworths.
  • Caenegem, W. (2009). Intellectual and industrial property in Australia. Sydney: LexisNexis.
  • Price, D., Bodkin, C., Arnold, B., & Adjei., P. (2011). Intellectual property: Commentary and materials (5th ed.). Pyrmont, NSW:Thomson Law Book Co.
  • Ricketson, S., Richardson, M., & Davidson, M. (2012) Intellectual property: Cases, materials and commentary (5th ed.). Sydney: LexisNexis.

Website References

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2106|1|2