LLB344 Intellectual Property Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB344 |
|---|---|
| Prerequisite(s): | LLH201 or LWB146. LLH201 can be studied in the same teaching period as LLB344 |
| Antirequisite(s): | LWB486 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
Unit Outline: Semester 1 2027, Gardens Point, Internal
| Unit code: | LLB344 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH201 or LWB146. LLH201 can be studied in the same teaching period as LLB344 |
| Assumed Knowledge: | No. |
| Anti-requisite: | LWB486 |
| Coordinator: | Lisa Archbold | l.archbold@qut.edu.au |
Overview
Intellectual property law is the umbrella term that encompasses the legal rights and responsibilities of creators and users of intangible goods. This subject provides you with the ability to identify issues and apply the law in the key areas of intellectual property law, including copyright and related rights, patents, trademarks, designs, and confidential information. By developing a broad understanding of these key areas of law, you will become familiar with the main structure of intellectual property law as a basis for providing advice in practice. Importantly, since this area of law is in a continual and rapid state of development, this subject is also designed to enable you to identify competing policy interests and evaluate potential changes to intellectual property law in a connected society.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the key aspects of the operation of intellectual property law to both specialist and lay audiences (CLOs 1.5, 4.1, 4.2)
- Analyse and apply the correct legal principles to resolve real world problems in intellectual property law (CLOs 1.1, 2.1, 2.2)
- Research the applicable law and competing interests in intellectual property policy (CLOs 1.1, 3.1, 3.2)
- Critically evaluate the ability of intellectual property law to effectively respond to social, economic and political changes (CLO 2.3)
Content
This unit provides a broad introduction to the key areas of intellectual property law, as well as emerging issues for intellectual property policy in a networked society. This will include:
- Copyright Subsistence
- Copyright Exploitation and Infringement
- Copyright Exceptions, Moral Rights and Remedies
- Designs, Passing off and Australian Consumer Law
- Trademark Registration
- Trademark Exploitation and Infringement
- Confidential Information
- Patentability and Registration
- Patent Exploitation, Infringement, Exceptions and Defences
- Sui Generis Regimes of Intellectual Property - Geographical Indications, Plant Breeders Rights, and Access to Genetic Resources
- Indigenous Intellectual Property
Learning Approaches
This unit employs a problem-based and inquiry driven approach to learning, providing you with opportunities to select and explore the material that aligns with your interests and to build the skills that best complement your career aspirations. You will think creatively, work collaboratively, and produce material evidence of your preparedness for legal practice in a rapidly-evolving innovation economy.
Your participation in this unit will include online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives. You will be expected to have worked through the material that is assigned for each week before attending the workshop.
Feedback on Learning and Assessment
Students will be provided with feedback from teaching staff and peers in the online discussions and weekly workshops. The workshops will provide an opportunity for practice and feedback on your application of the unit material and how your work can be improved. Online exercises and quizzes will be available to provide you with a mechanism to receive feedback on your understanding of unit material throughout the semester.
Teaching staff are available at specified times to answer questions from you during semester, and in the period leading up to exams. Detailed feedback will also be provided through comments on your assignments.
Assessment
Overview
Assessment in this unit is both formative (ie designed to provide you with feedback) and summative (ie both designed to give you feedback and linked to your assessment).
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Policy Briefing or Memo
Acting as a legal consultant, you will research and critically analyse an emerging issue in intellectual property law and address the current relevance to policy.
The use of generative artificial intelligence (GenAI) tools is prohibited during this assessment.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memo of Advice
Acting in the role of a solicitor or legal expert, you will provide a memo of advice to your senior partner on a complex, real world fact scenario. Your advice will provide recommendations for solving real world intellectual property law problems.
The use of generative artificial intelligence (GenAI) tools is prohibited during this assessment.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
William van Caenegem et al., Intellectual Property in Australia (LexisNexis Australia, 7th ed, 2022)
Recommended text(s)
Legislation:
- Copyright Act 1968 (Cth)
- Trade Marks Act 1995 (Cth)
- Patents Act 1990 (Cth)
- Designs Act 2003 (Cth)
Reference book(s)
Optional reference text:
M Davison, A Monotti and L Wiseman, Australian Intellectual Property Law (Cambridge, 4th ed, 2020)
A Fitzgerald, D Eliades and R Olwan, Intellectual Property: Principles and Practice (Thomson Reuters, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Unit Outline: Semester 1 2027, Online
| Unit code: | LLB344 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH201 or LWB146. LLH201 can be studied in the same teaching period as LLB344 |
| Assumed Knowledge: | No. |
| Anti-requisite: | LWB486 |
Overview
Intellectual property law is the umbrella term that encompasses the legal rights and responsibilities of creators and users of intangible goods. This subject provides you with the ability to identify issues and apply the law in the key areas of intellectual property law, including copyright and related rights, patents, trademarks, designs, and confidential information. By developing a broad understanding of these key areas of law, you will become familiar with the main structure of intellectual property law as a basis for providing advice in practice. Importantly, since this area of law is in a continual and rapid state of development, this subject is also designed to enable you to identify competing policy interests and evaluate potential changes to intellectual property law in a connected society.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain the key aspects of the operation of intellectual property law to both specialist and lay audiences (CLOs 1.5, 4.1, 4.2)
- Analyse and apply the correct legal principles to resolve real world problems in intellectual property law (CLOs 1.1, 2.1, 2.2)
- Research the applicable law and competing interests in intellectual property policy (CLOs 1.1, 3.1, 3.2)
- Critically evaluate the ability of intellectual property law to effectively respond to social, economic and political changes (CLO 2.3)
Content
This unit provides a broad introduction to the key areas of intellectual property law, as well as emerging issues for intellectual property policy in a networked society. This will include:
- Copyright Subsistence
- Copyright Exploitation and Infringement
- Copyright Exceptions, Moral Rights and Remedies
- Designs, Passing off and Australian Consumer Law
- Trademark Registration
- Trademark Exploitation and Infringement
- Confidential Information
- Patentability and Registration
- Patent Exploitation, Infringement, Exceptions and Defences
- Sui Generis Regimes of Intellectual Property - Geographical Indications, Plant Breeders Rights, and Access to Genetic Resources
- Indigenous Intellectual Property
Learning Approaches
This unit employs a problem-based and inquiry driven approach to learning, providing you with opportunities to select and explore the material that aligns with your interests and to build the skills that best complement your career aspirations. You will think creatively, work collaboratively, and produce material evidence of your preparedness for legal practice in a rapidly-evolving innovation economy.
Your participation in this unit will include online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives. You will be expected to have worked through the material that is assigned for each week before attending the workshop.
Feedback on Learning and Assessment
Students will be provided with feedback from teaching staff and peers in the online discussions and weekly workshops. The workshops will provide an opportunity for practice and feedback on your application of the unit material and how your work can be improved. Online exercises and quizzes will be available to provide you with a mechanism to receive feedback on your understanding of unit material throughout the semester.
Teaching staff are available at specified times to answer questions from you during semester, and in the period leading up to exams. Detailed feedback will also be provided through comments on your assignments.
Assessment
Overview
Assessment in this unit is both formative (ie designed to provide you with feedback) and summative (ie both designed to give you feedback and linked to your assessment).
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Policy Briefing or Memo
Acting as a legal consultant, you will research and critically analyse an emerging issue in intellectual property law and address the current relevance to policy.
The use of generative artificial intelligence (GenAI) tools is prohibited during this assessment.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memo of Advice
Acting in the role of a solicitor or legal expert, you will provide a memo of advice to your senior partner on a complex, real world fact scenario. Your advice will provide recommendations for solving real world intellectual property law problems.
The use of generative artificial intelligence (GenAI) tools is prohibited during this assessment.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
William van Caenegem et al., Intellectual Property in Australia (LexisNexis Australia, 7th ed, 2022)
Recommended text(s)
Legislation:
- Copyright Act 1968 (Cth)
- Trade Marks Act 1995 (Cth)
- Patents Act 1990 (Cth)
- Designs Act 2003 (Cth)
Reference book(s)
Optional reference text:
M Davison, A Monotti and L Wiseman, Australian Intellectual Property Law (Cambridge, 4th ed, 2020)
A Fitzgerald, D Eliades and R Olwan, Intellectual Property: Principles and Practice (Thomson Reuters, 2022)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.