LAWS12068 - Intellectual Property Law
Term 1 - 2017


All details in this unit profile for LAWS12068 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

Intellectual property concerns legal rights over creativity and innovation. In Australia statutory rights exist in relation to Copyright, Patents, Designs, Trade Marks, Plant Breeder's Rights as well as rights relating to confidentiality, passing off and unfair competition. Intellectual property transcends national and international boundaries and is truly global in context. This unit will explore complex policy issues including: international trade; information technology; revolutions in agriculture, medicine and biotechnology; personality rights; creative commons; and the protection of traditional knowledge and culture. Intellectual Property is as dynamic as it is controversial.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Prerequisites: LAWS11057, LAWS11059, LAWS11061, LAWS11062, LAWS11063, LAWS11064, LAWS11060, (LAWS11065 or LAWS12055) Co-requisite: LAWS12065

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Presentation and Written Assessment 50%
2. Written Assessment 40%
3. Group Discussion 10%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Evaluation

Term 1 - 2015: The overall satisfaction for students in the last offering of this unit was 4.4 (on a 5 point Likert scale), based on a 36% response rate.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Some students asked for further asynchronous engagement options Email We will further develop the use of cloud based resources such as Diigo as a site of student engagement and collaboration.
On successful completion of this unit, you will be able to:
  1. Identify and apply legal principles relating to confidential information, copyright, patents, designs, trade marks, plant breeder’s rights, unfair competition and the protection of business reputation.
  2. Demonstrate an understanding of the legal and practical steps needed to ensure that intellectual property rights remain valid and enforceable.
  3. Demonstrate a capacity to identify, apply and assess ownership rights and marketing protection under intellectual property law as applicable to information, ideas, creativity and innovation.
  4. Critique intellectual property protection for indigenous knowledge and culture, information technology especially biotechnology and international trade.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Presentation and Written Assessment
2 - Written Assessment
3 - Group Discussion        

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4
1. Communication    
2. Problem Solving
3. Critical Thinking
4. Information Literacy        
5. Team Work        
6. Information Technology Competence        
7. Cross Cultural Competence      
8. Ethical practice        

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Presentation and Written Assessment          
2 - Written Assessment        
3 - Group Discussion        

Textbook Information

There are no required textbooks. Note:

Collected readings are listed in Moodle.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Prescribed text: Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015).
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorAmanda-Jane George (a.m.george@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Overview of intellectual property: ghastly caricatures

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 1: Overview of Intellectual Property

Week 2 13-03-2017

Copyright law: protecting creativity (was Mark Twain right?)

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 2, 3.

Week 3 20-03-2017

Confidential information and patent law: protecting secrecy and useful ideas (how to get that perfect chip sandwich)

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 4, 5.

Week 4 27-03-2017

Trade marks: protecting business signs (taking care of business)

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 6.

Week 5 03-04-2017

Passing off and Australian competition law (taking care of business II)

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 7.

Australian Competition Law Organisation, Australian Competition Law Overview (June to September 2016) Australiancompetitionlaw.org <http://www.australiancompetitionlaw.org/overview.html> (Outline of the Part IV provisions)

Prof Ian Harper et al, Competition Policy Review: Final Report (31 March 2015) <http://competitionpolicyreview.gov.au/files/2015/03/Part3_final-report_online.pdf> (Harper Review), (** Read only Part 3, Section 9 (Intellectual Property)).

Australian Government The Treasury, Response to the Competition Policy Review (24 November 2015) < <http://www.treasury.gov.au/PublicationsAndMedia/Publications/2015/CPR-response> (**Read only the Responses to Recommendations 1, 6, 7, 13, 22, 23, 25, 27, 28, 30, 32, 33, 34, 38, 39. Note that the Government did not agree to Recommendation 6 that a separate inquiry be called into negotiating mandates to incorporate IP provisions in international trade agreements)

Universal Music Australia Pty Ltd v ACCC [2003] FCAFC 193 <http://www.austlii.edu.au/au/cases/cth/FCAFC/2003/193.html>(Skim)

Vacation Week 10-04-2017
Week 6 17-04-2017

Remedies for infringement (How the IP West was won. Or not).

Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015), Ch 8.

Week 7 24-04-2017

IP reform (are we there yet?)

Productivity Commission, Intellectual Property Arrangements, Inquiry Report No 78 (2016) http://www.pc.gov.au/inquiries/completed/intellectual-property/report/intellectual-property-overview.pdf (just read the Overview; the Report is 600+ pages)

Bruce Baer Arnold, ‘Productivity Commission’s recommendations on IP reform likely to be lost in election haze’, The Conversation (online), 29 April 2016 <http://theconversation.com/productivity-commissions-recommendations-on-ip-reform-likely-to-be-lost-in-election-haze-58576> (prediction after draft Report issued the same day, which seems like it may be fulfilled)

Week 8 01-05-2017

Fair use has a posse (giddy up!)

Katharina Freund, ‘“Fair use is legal use”: Copyright negotiations and strategies in the fan-vidding community’, (2016) 18(7) New Media & Society <http://journals.sagepub.com/doi/pdf/10.1177/1461444814555952>, 1.

Productivity Commission, Intellectual Property Arrangements, Report No 78 (2016) <http://www.pc.gov.au/inquiries/completed/intellectual-property/report/intellectual-property.pdf> chapter 6

Australian Copyright Council, Fair dealing: what can I use without permission?, Information sheet G079v07 (May 2014) <file:///C:/Users/Dell/Downloads/Fair%20Dealing%20(G079v07)%20FINAL.pdf>

Australian Copyright Council, Quotes and Extracts, Information sheet G034v11 (August 2014) <file:///C:/Users/Dell/Downloads/Quotes%20and%20Extracts%20(G034v11)%20FINAL.pdf>

Week 9 08-05-2017

Bio-piracy, evergreening and globalisation (the Patenting Jack Sparrow)

Jim Chen, ‘There’s No Such Thing as Biopiracy … and It’s a Good Thing Too’ (2006) 37 McGeorge Law Review, 1 <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=781824>.

.

Week 10 15-05-2017

Patenting transhuman technologies (Frankenstein rules, ok?)

William Bartlett, ‘D’Arcy v Myriad Genetics Inc [2015] HCA 35: the plurality’s new factorial approach to patentability rearticulates the question in NRDC’ (2016) 24(1) Journal of Law, Information and Science <http://www.jlisjournal.org/abstracts/Bartlett.24.1.html#>

Nick Bostrom, ‘Human genetic enhancements: a transhumanist perspective’ (2003) 37(4) Journal of Value Inquiry 493-506 <http://www.nickbostrom.com/ethics/genetic.html>

Andrew Pollack, ‘Scientists Announce HGP-Write, Project to Synthesize the Human Genome’ The New York Times (online), 2 June 2016 <https://www.nytimes.com/2016/06/03/science/human-genome-project-write-synthetic-dna.html?_r=0>

Aparna Vidyasagar, ‘Human-Animal Chimeras: Biological Research & Ethical Issues’ on LiveScience: Animals, 28 September 2016 <http://www.livescience.com/56309-human-animal-chimeras.html>

Week 11 22-05-2017

Trade marks and the leveraging of commercial interests (This Sick Beat®)

Katja Weckstrom, ‘The Lawfulness of Criticising Big Business: Comparing Approaches to the Balancing of Societal Interests Behind Trademark Protection’, (2007) 11(3) Lewis & Clark Law Review, 671 <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=963220>.

Week 12 29-05-2017

Feedback, Reflection and Looking Forward

Troubleshooting on assignments

Review/Exam Week 05-06-2017
Group Discussion Due Monday (05 Jun 17) 03:00 PM AEST
Exam Week 12-06-2017
Research Paper Due Monday (12 Jun 17) 03:00 PM AEST

Prescribed text: Ann Fitzgerald and Dimitrios G Eliades, Introduction to Intellectual Property (Thomas Reuters (Professional) Australia Ltd, 2015).

1 Presentation and Written Assessment

Assessment Title Workshop Presentation and Written Paper
Task Description

The latter part of this course is comprised of a series of weekly video-conferenced workshop activities that explore various topical themes in the IP debate. You will select one of the workshop modules from weeks 8-11 and act as one of the discussion leaders in that workshop, preparing for the workshop and engaging in discussion during the weekly zoom session. There will be a limited number of leaders in each workshop, depending on the number of students in the course. You will be able to select your workshop on Moodle from week 1 of term.

The assessment will include a 2000-word paper and a 500-word reflection on what you have learned in the process of preparing and presenting the workshop.

**Note: your end of semester research paper must be on a different topic than your workshop presentation and paper.

Assessment Due Date Due from weeks 8-11.
Return Date to Students Maximum of two weeks from submission
Weighting 50%
Assessment Criteria
  • Analysis of the key issues in the debate
  • Application of legal principles to the social context
  • Leadership in encouraging discussion and cultivating participation of others
  • Communication and presentation skills (written, oral, multimedia if appropriate)
  • Capacity for reflective thought

A full rubric is available on moodle.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Submitted via moodle.

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Identify and apply legal principles relating to confidential information, copyright, patents, designs, trade marks, plant breeder’s rights, unfair competition and the protection of business reputation.

2. Demonstrate an understanding of the legal and practical steps needed to ensure that intellectual property rights remain valid and enforceable.

3. Demonstrate a capacity to identify, apply and assess ownership rights and marketing protection under intellectual property law as applicable to information, ideas, creativity and innovation.

4. Critique intellectual property protection for indigenous knowledge and culture, information technology especially biotechnology and international trade.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking



2 Written Assessment

Assessment Title Research Paper
Task Description

Research paper 2000 words.

In this course, you will be working within a collaborative research community and presenting a final individual paper on one of these topics:

· “Intellectual property rights have overstepped the bounds of reasonableness, and cannot be justified in their present form.” Discuss. (Here, you need to decide whether or not you agree with the statement and argue accordingly. You can discuss IP rights generally using examples from different fields, or you may select one IP right in particular and focus on its merits or otherwise).

· What are the key priorities for current endeavours in Australian intellectual property law reform? Do you believe they will ultimately be implemented?

These topics are deliberately broad and one of your tasks will be to design your own thesis, in collaboration with your peers. Each student will have a unique thesis (which you will describe to others in the topic Moodle forum and make clear in your paper) but will also participate in a wider research community.

Further guidance for developing a thesis is available on Moodle.

You should share and discuss your research in the knowledge base for your topic group, via the discussion forums. However, your paper must ultimately be your own work.

**Note: your end of semester research paper must be on a different topic than your workshop presentation and paper.

Assessment Due Date Exam Week Monday (12-Jun-2017) 03:00 PM AEST
Return Date to Students Two weeks from submission
Weighting 40%
Assessment Criteria
  • Topic research and sharing with the knowledge base
  • Engagement in discussion with the knowledge base
  • Design of individual thesis and establishing a central argument
  • Application of legal principles to the social context
  • Professional written expression and persuasiveness

A full rubric is available on moodle

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Identify and apply legal principles relating to confidential information, copyright, patents, designs, trade marks, plant breeder’s rights, unfair competition and the protection of business reputation.

2. Demonstrate an understanding of the legal and practical steps needed to ensure that intellectual property rights remain valid and enforceable.

3. Demonstrate a capacity to identify, apply and assess ownership rights and marketing protection under intellectual property law as applicable to information, ideas, creativity and innovation.

4. Critique intellectual property protection for indigenous knowledge and culture, information technology especially biotechnology and international trade.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

7. Cross Cultural Competence



3 Group Discussion

Assessment Title Group Discussion
Task Description

This course is founded on teamwork, simulating good practice of a collaborative research community such as a government department. Therefore you are rewarded for sharing, engaging in discussion and cultivating the participation of others. In this assessment item you may focus on synchronous or asynchronous discussion, depending on your primary mode of engagement.

Assessment Due Date Review/Exam Week Monday (05-Jun-2017) 03:00 PM AEST
Return Date to Students Maximum of two weeks from submission.
Weighting 10%
Assessment Criteria
  • Regularly engaging in synchronous and/or asynchronous discussion
  • Providing constructive feedback to others
  • Appropriate use of collaboration technologies including good etiquette and concise expression

A full rubric is available on moodle.

Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

5. Team Work




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