Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Postgraduate Coursework
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course develops an understanding of the various forms of intellectual property and intangible assets that may require protection. It also examines the preconditions for protection and remedies for any infringement.
This course deals with the legal protection and management strategies for business practice in relation to intellectual property and other intangible assets, including copyright, patents, trade marks, designs, trade secrets, domain names, cultural heritage, and goodwill. It will provide a basis for understanding the nature of intangible assets, commercialisation, recognition, measurement and management.ﾠ
Course requirements
Restrictions
MBus, MICLaw and MICLaw/MCom
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
There will be a 8 three-hour seminar each week for weeks 5-12.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left university.
Course Aims
The aim of this course is that each student should:
- develop an understanding of the law and regulatory processes applicable to Intellectual Property and Intangible Assets;
- develop basic skills in the recognition ofﾠlegal and practical problems associated with the protection and management of Intellectual Property and Intangible Assets, the expression of legal reasoning; the analysis of practical problems; and the application of legal principles;
- develop an appreciation of the context in which
Learning outcomes
After successfully completing this course you should be able to:
LO1.
comprehend and appreciate the law and regulatory processes applicable to the protection and management of Intellectual Property and Intangible Assets in a business context;
LO2.
recognise legal problems associated with the protection and management of Intellectual Property and Intangible Assets; and apply legal principles to solve such problems;
LO3.
appreciate the business and social contexts in which the protection and management of Intellectual Property and Intangible Assets operate and are regulated; and
LO4.
identify and appreciate aspects of the protection and management of Intellectual Property and Intangible Assets and related applications that give rise to business, ethical and legal issues.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation |
Research Paper
|
40% |
23/09/2024 2:00 pm |
| Essay/ Critique |
Take Home Assessment
|
60% |
13/11/2024 2:00 pm |
Assessment details
Research Paper
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 40%
- Due date
23/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04
Task description
- The paper should be no more than 2,000 words in length. Papers will incur a 10% penalty for every 10% or part thereof they are in excess of the word limit.
- The topic for the Research Paper will be provided to students. Alternatively, students may choose a topic in consultation with the Course Coordinator.
- The student's name and student number must appear at the top of the page. Students must follow the Law School's Citation Style.
- All authorities must be properly referenced and cited. Each paper must demonstrate use of research using Internet materials. A complete bibliography must be included.
- Students should seek to show that they can comprehend the materials and present them accurately; analyse legislation and cases (where applicable); discern the principles and policies which underlie rules; produce critical review; and develop innovative answers to difficult cases.
- Technological failure is not a ground for granting an extension. Students preparing assignments on computers should ensure that material is backed up.
- Students are expected to undertake original research themselves, using appropriate original sources (legislation and cases), textbooks, academic and professional journals and electronic information technology.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Take Home Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 60%
- Due date
13/11/2024 2:00 pm
- Learning outcomes
- L01, L02, L03, L04
Task description
Students will be required to answer three out of five questions. All questions will be of equal value. Each answer must not exceed 800 words. (2,400 in total). Papers will incur a 10% penalty for every 10% or part thereof they are in excess of the word limit.
Students are reminded of the seriousness of plagiarism. Submitting your work electronically will be deemed equivalent to signing the declaration on the standard Assignment Cover Sheet in relation to original work and plagiarism.
The Take home assessment with be released at 9.00 am on 11 November 2024. It is due at 2.00 pm on 13 November 2024.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference AI use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI tools.
Submission guidelines
Assignments must be submitted electronically via the submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Library resources are available on the UQ Library website.
Additional learning resources information
There is no set text for this course.ﾠ The materials are taken for this listed recommendations and the notes on Blackboard.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 5 (19 Aug - 25 Aug) |
Seminar |
Seminar 1 Introduction. Ethics. Intellectual Property. Intangible Assets. Learning outcomes: L01, L02, L03, L04 |
Multiple weeks From Week 6 To Week 7 |
Seminar |
Seminars 2-3 The nature and law of Intellectual Property. Internationalisation. Patent Attorneys. Learning outcomes: L01, L02, L03, L04 |
Week 8 (09 Sep - 15 Sep) |
Seminar |
Seminars 4 The nature of Intangible assets - Cultural heritage - patents, copyrights, franchises, goodwill, trademarks, trade names, business reputation, Domain names, industrial property Learning outcomes: L01, L02, L03, L04 |
Week 9 (16 Sep - 22 Sep) |
Seminar |
Seminar 5 Domain names - Protection by the courts - UDRP and auDRP. Learning outcomes: L01, L02, L03, L04 |
Multiple weeks From Week 10 To Week 11 |
Seminar |
Seminars 6-7 Legal tools - Fraud - Australian Consumer Law - Passing Off - Misrepresentation - Injunctions - Damages - Arbitration. Learning outcomes: L01, L02, L03, L04 |
Week 12 (14 Oct - 20 Oct) |
Seminar |
Seminar 8 Commercialisation of IP. Recognition and Measurement of IP and intangible assets. Processes, protection, management and law associated with IP and intangible assets; practical applications. Learning outcomes: L01, L02, L03, L04 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: