Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Postgraduate Coursework
- Location
- External
- Attendance mode
- Online
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is an introductory level examination of intellectual property law. It commences by examining the overarching international treaties that create a common global architecture for the domestic laws that exist in nearly all jurisdictions. The course, by recourse to not only Australian, but also extensive international legislative and case law examples, then seeks to develop students' understanding of the various forms of IP protection including copyright, passing off, trademarks, designs, patents, confidential information, circuit layout and plant breeders rights. The course will focus on subject matter that is protected, the pre-conditions for protection, the nature of infringement, and the remedies for infringement.
Intellectual property is a significant area of legal study and a domain that plays a central role in regulating most modern economies. In order to understand intellectual property it is important to place this legal field within the broader historical, social and political framework within which it has developed over the past several centuries. This course provides that context and, in doing so, also provides a survey of intellectual property that coversﾠthe what, where, when and why of the different legal rights falling within this domain. The primary focus will be on copyright, trademarks, patents and registered designs, but we will also examine such topics as data rights and database protections, passing off, geographical indications, confidential information, and cultural property.
The course will focus on Australian legislation and case law, while placing this firmly within a contemporary international context. By the end of the course you will be able to speak to questions around what kinds of intangible assets can receive protection and what those protections entail, as well as when these rights arise, who or what entities are assigned these rights, how they are enforced, and the conceptual basis for each type of right.ﾠ
Throughout decades of technological and scientific innovation, intellectual property has proved remarkably robust in adapting to and engaging with diverse changes. For example, increasingly affordable internconnected communications technologies have brought forth novel issues in copyright law, whereas, changing scientific paradigms in biology have triggered questions around subject matter under patent law.ﾠIn this sense, intellectual property is a dynamic and engaging field of legal study. By successfully completing the course, a student will obtain a useful 'toolkit' upon which they can build in-practice expertise and/or the foundations for detailed future study.
Course requirements
Restrictions
LLM(#16), LLM(#24), MICLaw
Quota: Minimum of 12 enrolments
Course contact
Course staff
Lecturer
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
The course will run on Wednesdays from 5-8pm in weeks 2, 3, 5, 6, 10, 11, 12, and 13.
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 the School.
Course Aims
The course aims to provide a substantial broadening and deepening of students' grasp of the main areas of intellectual property, which include patents, copyright, trademarks, passing off, registered designs and confidential information, which they may have touched on more briefly in their undergraduate studies.
After completing this course, students will also be better prepared to undertake more specialised study in any of the areas covered.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate a good working understanding of the broad field of intellectual property, which will provide the foundations for more specialised study.
LO2.
Clearly understand the international framework within which domestic intellectual property law functions.
LO3.
Understand and articulate the conceptual underpinnings and tensions within many areas of intellectual property.
LO4.
Articulate the key legislative and caselaw features of Australian intellectual property law, in particular copyright, marks, patents, designs and confidential information.
LO5.
Effectively use both hardcopy and electronic sources of law to research often complex legal problems.
LO6.
Communicate effectively, both in written and oral form, whether in a work or academic environment, such that the knowledge and skills acquired in the course can be effectively used.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Essay/ Critique |
Take Home Assessment (First Half)
|
50% |
11/09/2024 5:00 pm |
| Essay/ Critique |
Take Home Assessment (Second Half)
|
50% |
11/11/2024 5:00 pm |
Assessment details
Take Home Assessment (First Half)
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
11/09/2024 5:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
Students will be provided with a take home assessment containing 10 questions covering the topic areas covered in the first four weeks of the course. Of these ten questions, students will need to select five to answer. The questions will be a mixture - some requiring the application of current law to practical scenarios and some focusing on legal, policy and conceptual issues.
The five questions must be answered in 2500 words maximum (~500 words per question answered). Questions will be released one week prior to the due date.
Words in excess of the word limit will not be read or taken into account in marking the assessment.
A word count must appear on the front page of your work.
The word limit does not include footnotes or bibliography. However, substantive material should appear in the body of the essay and footnotes should be used primarily for citational purposes.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the online assessment 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 (Second Half)
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 50%
- Due date
11/11/2024 5:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05, L06
Task description
Students will be provided with a take home assessment containing 10 questions covering the topic areas covered in the last four weeks of the course. Of these ten questions, students will need to select five to answer. The questions will be a mixture - some requiring the application of current law to practical scenarios and some focusing on legal, policy and conceptual issues.
The five questions must be answered in 2500 words maximum (~500 words per question answered). Questions will be released one week prior to the due date.
Words in excess of the word limit will not be read or taken into account in marking the assessment.
A word count must appear on the front page of your work.
The word limit does not include footnotes or bibliography. However, substantive material should appear in the body of the essay and footnotes should be used primarily for citational purposes.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Assignments must be submitted electronically via the online assessment 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
Find the required and recommended resources for this course on the UQ Library website.
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 |
|---|---|---|
Multiple weeks From Week 2 To Week 13 |
Seminar |
Seminars The programme of seminars is set out in the Course Learning Guide. This is available from the course Blackboard site. Topics of seminars for Part 1 of the course are:
Learning outcomes: L01, L02, L03, L04, L06 |
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: