Fundamentals of Intellectual Property Law is an elective subject in postgraduate programs offered by the Faculty of Law. This subject will address intellectual property law in the context of the entertainment industries, technological and design innovation, and the protection of reputation. The module will draw on the comprehensive international IP treaty system, including WTO (TRIPS) and WIPO, to identify and analyse key issues and tests in the context of different domestic laws. The subject will also help students to develop a practical strategic focus, recognising that the protection of intellectual capital and goodwill goes beyond reliance on IP law alone.
|Academic unit:||Faculty of Law|
|Subject title:||Fundamentals of Intellectual Property Law|
Delivery & attendance
|Attendance and learning activities:||Students participate in a weekly chat with the course coordinator and other students. The weekly chat will be at a time suitable for the course coordinator. At the end of the semester, students submit a portfolio of work, and the work of each week has been designed to contribute to the final portfolio submitted at the end of semester.|
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
There are no co-requisites.
|Restrictions: ?|| This subject is not available to|
Admitted into LA-43015 Master of Laws or LA-43050 Master of Laws or LA-43052 Master of Laws (External)
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Review and reflect on a variety of international regulatory bodies, treaties and cross-jurisdictional case laws that influence intellectual property law practice.
- Reflect on their comprehension of contemporary legal issues that shape modern intellectual property laws with special regard to contemporary technological challenges.
- Develop a practical strategic focus for the protection of intellectual capital and goodwill across four core areas of intellectual property law: copyright, trade mark, patent and designs.
|Essay||Portfolio Item #1: MAJOR PAPER Choose a comparative / international aspect of IP law and write a 5000 word theoretical paper||40%||To Be Negotiated||1, 2, 3.|
|Essay||Portfolio Item #2: MINOR PAPERS (x2) Submit your best two minor papers (each 1500 words plus references) written during the subject, reviewing specific IPL issues on a comparative basis||20%||To Be Negotiated||1, 2, 3.|
|Essay||Portfolio Item #3: SHORT ESSAYS (x10) Submit your 10 best mini-essays (each 300 words plus references) from your contributions to the discussion board, to the course Wiki, or from your learning diary||20%||To Be Negotiated||1, 2, 3.|
|Essay||Portfolio Item # 4: REFLECTIVE ESSAY Reflect upon your own performance during this subject’s team work, negotiation and drafting process (1000 words, no references)||10%||To Be Negotiated||1, 2, 3.|
|Exercise||Portfolio Item # 5: PEER REVIEW Have your own role in this subject’s team work assessed by your co-students||10%||To Be Negotiated||1, 2, 3.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
This first Module will help you to get organised within the framework of the subject. In addition, it introduces you to some basic principles and theories that form the basics of intellectual property law.
Module 2 introduces you to the various regulatory regimes and international treaties that form the context of intellectual property law.
Module 3 is the first of 3 modules examining the law of copyright. In this Module we consider the various circumstances in which copyright will come into existence.
Module 4 is the second of 3 modules examining the law of copyright. In this Module, we consider the various circumstances in which copyright will be infringed.
Module 5 is the third of 3 modules examining the law of copyright. In this Module, we consider the various defences available to an accusation of copyright infringement, including fair use. We also consider the nature of moral rights.
In Module 6 we prepare for our examination of the law of trademarks by considering the ways in which a business can protect its interests in the absence of a registered trademark, including the law relating to the tort of passing off and the tort of breach of confidence.
Module 7 is the first of 2 modules examining the law of trademarks. In this Module, we consider the basic requirements for registration of a trademark, the core concept of distinctiveness, and what constitutes a registrable sign.
Module 8 is the second of 2 modules examining the law of trademarks. In this Module, we consider the differences between trade mark registration of goods and trademark registration of services; the bases for refusal of registration of a trademark; the requirements for valid registration of a mark and use of a mark, and trade mark infringement.
Module 9 is the first of 2 modules examining the law of design protection. In this Module, we consider the key features and benefits of the registered designs system; and the key differences between the registered design system and copyright in artistic works and patent rights in inventions.
Module 10 is the second of 2 modules examining the law of design protection. In this Module, we consider the principal statutory requirements for the registration of a design; the tests for distinctiveness and of infringement; the monopoly rights of the owner of a design registration, and the relationship between designs registration and other IP regimes.
Module 11 is the first of 2 modules examining the law of patents. In this Module, we consider what is a patentable invention and what subject matter of invention or innovation cannot be patented; and the principles and issues that apply to the patentability of certain controversial subject matters of invention.
Module 12 is the second of 2 modules examining the law of patents. In this Module, we consider the requirements of novelty and inventiveness, as well as sufficiency, clarity, fair basis; the formalities applying to a patent application; the requirement of utility or usefulness; the concept of claims and claim construction for patent specifications; the monopoly rights of the patentee; and the limitations and exceptions to the rights of the patentee.
A sui generis regime is specifically adapted to certain technologies or forms of exploitation. In this optional module we consider the various sui generis regimes in IP law, and the relationship between each sui generis regime and its nearest more general analogous regime.
In this optional module, we consider the various IP dispute resolution mechanisms; the main features and benefits of each procedure; and techniques to identify the most suitable IP dispute resolution mechanism for a given case.