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LAW5147 - Intellectual property II: patents, trade marks and unfair competition 506

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate Faculty of Law

Leader(s): Mark Davison

Offered

Clayton First semester 2009 (Day)

Synopsis

Topics include: the rationale and scope of intellectual property protection; patents for inventions and allied rights (including plant breeders' rights); passing off and related actions that prevent acts of unfair competition (including statutory remedies under Part V, Trade Practices Act 1974) and registered trade marks; comparative and international perspectives; the relationship between these rights and other parts of intellectual property law and competition and trade law.

Objectives

Upon completion of this unit students should

  1. have an appreciation of the policies and objectives underlying the regimes of intellectual property protection studied;
  2. be in a position to comment critically on those policies and objectives and to relate them to proposals for law reform;
  3. have acquired a sound knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained;
  4. be in a position to provide basic advice to inventors, innovators, investors and marketers on their rights and liabilities under the laws of patents, trade marks, and unfair competition;
  5. have an appreciation of the basic features of the international rules governing the protection of inventions and allied rights;
  6. have an appreciation of the impact of technological change on the formulation and protection of the rights studied; and
  7. have enhanced their skills of case analysis and statutory interpretation.

Assessment

Assignment (2000 words): 30%
Examination (2 hours writing time plus 10 minutes reading time): 70% OR Examination (2.5 hours writing time plus 10 minutes reading time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW3400 or LAW3401 and LAW3402

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