LLB344 Intellectual Property Law


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Unit Outline: Semester 1 2024, 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:Muhammad Zaheer Abbas | m.abbas@qut.edu.au
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

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:

  1. Explain the key aspects of the operation of intellectual property law to both specialist and lay audiences (Course Learning Outcomes 1.4, , 4.1, 4.2)
  2. Analyse and apply the correct legal principles to resolve real world problems in intellectual property law (CLOs 1.1, 2.1, 2.2)
  3. Research the applicable law and competing interests in intellectual property policy (CLOs 1.1, 3.1, 3.2)
  4. Critically evaluate the ability of intellectual property law to effectively respond to social, economic and political changes (CLOs 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:

  • intellectual property law overview, concepts and policy
  • international aspects of intellectual property law
  • copyright law
  • moral rights and performer's rights
  • patents
  • designs
  • trade marks and passing off
  • confidential information.

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.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 40
Length: 1500 words
Individual/Group: Individual
Due (indicative): Week 7
Related Unit learning outcomes: 3, 4

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.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Weight: 60
Length: 2500 words
Individual/Group: Individual
Due (indicative): Week 13
Related Unit learning outcomes: 1, 2, 4

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

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.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Recommended text(s)

Legislation:

  • Copyright Act 1968 (Cth)
  • Trade Marks Act 1995 (Cth)
  • Patents Act 1990 (Cth)
  • Designs Act 2003 (Cth)

This unit uses a free, open textbook. Students are not required to purchase a textbook for the unit.

Reference book(s)

Option reference text:

M Davison, A Monotti and L Wiseman, Australian Intellectual Property Law (Cambridge, 4th ed, 2020)

Risk Assessment Statement

There are no out-of-the-ordinary risks associated with this unit.