Monash University Handbooks 2008

LAW7254 - Design law and practice

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate Faculty of Law

Leader: Mr Raymond Hind / Mr Warwick A Rothnie

Offered

City (Melbourne) Term 4 2008 (On-campus block of classes)

Synopsis

A detailed study of the Australian registered designs system. International conventions, as well as design protection in other countries. Origins and rationales, relationships with other regimes that protect products of the innovative process. Requirements for registration, the registration process and Designs Office practice. Examination of the registered rights, including their enforcement, maintenance and exploitation. Proper relationship between designs and copyright protection. Other forms of protection for designs are considered.

Objectives

Students who have successfully completed this unit will:

  1. understand the origins and development of registered designs protection in Australia;
  2. have a thorough knowledge of the law relating to the registration of designs and the scope and enforcement of associated rights;
  3. be familiar with other legal regimes that offer protection for designs
  4. be alert to when a registered design and other intellectual property rights may co-exist in relation to the same subject matter;
  5. be aware of the limitations of designs protection and proposals for reform;
  6. understand the international aspects for protection of designs;
  7. have the skills to apply for registration, prosecute the application and maintain registration of a design;
  8. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Designs (topic group I).

Assessment

Class exercise: 10%
Research assignment (3,000 words): 40%
Examination (3,750 words) OR take home exam (3,750 words): 50%

Contact hours

24 hours per semester

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