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LAW5147

Intellectual property II: patents, trade marks and unfair Competition 506 ( 6 points, SCA Band 3, 0.125 EFTSL)

Undergraduate
(LAW)

Leader: Associate Professor Ann Monotti/Mrs Moira Paterson

Offered:
Clayton Second semester 2005 (Day)

Synopsis: 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 subject 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: Optional written research assignment (2000 words): 30% Final examination (2 or 3 hours): 70% or 100%

Contact Hours: Three hours of lectures per week. Recorded lectures: Please note that lectures will not be taped for this unit. Timetable: Lectures are held on Monday, Tuesday and Wednesday at 15.00. However, due to timetable clashes with postgraduate classes, there will be no classes on the following dates: July 28, 29, 30 September 8, 9. NOTE: Replacement classes are scheduled for 13.00 on the following dates: August 4, 6 September 10, 15, 17.

Prerequisites: LAW1100 Legal Process, LAW3400 Property