Year
2021
Units
4.5
Prerequisites
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
2 ^ LLAW9601 - The Australian Legal System
3 ^ LLAW9602 - Legal Analysis and Problem Solving
4 54 Units of LLAW96XX topics
5 Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
6 72 Units of LLAW topics
Must Satisfy: ((1 and 2 and 3 and 4) or (5 and 6))
Assessment
Assignment(s), Examination(s), Test(s), Oral, Collaborative Workshop Exercises
Topic description

The topi will provide students with an introduction to copyright, trade mark and patent law. It provides selective treatment of the theories and justifications for intellectual property rights, as well as complimentary legal doctrines including passing-off and breach of confidence.

Educational aims

This topic aims to:

  • Provide a clear and structured understanding of central concepts and doctrines in selected areas of intellectual property law
  • Generate a context in which students can reach a critical understanding of the strengths and weaknesses of the operation of the intellectual property law in social and commercial contexts
  • Provide a structured environment in which students can acquire and strengthen skills in collaboration, the construction and communication of written and oral argument, legal research, statutory construction, case reading and the application of legal rules to practical situations
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of

    (a) the legal protection available under copyright, trade mark and patents, and the ability to critically assess topical issues in these legal areas;

    (b) the main rationales for affording legal protection to creative works, marks, and scientific and technological discoveries;

    (c) key legal and policy issues posed to intellectual property law by technological disruption.

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of Intellectual Property Law.

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of Intellectual Property Law.

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of Intellectual Property Law;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of Intellectual Property Law.

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.