Handbook : Unit informationEdith Cowan University

School: Business and Law

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

  2017

• Enrolment Period

  1

• Version

  1

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

• Unit Coordinator

  Mr Krishna PRASAD

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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.

Core Reading(s)

• Stewart, A., Griffith, P., Bannister, J., & Liberman, A. (2013). Intellectual property in Australia. (5th ed.). Chatswood, N.S.W: LexisNexis Butterworth.

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