3374 - Master of Intellectual Property Law

The Master of Intellectual Property Law provides a formal qualification for graduates from non-law disciplines who would like to gain accreditation as a Trade Mark or Patent Attorney. Some units may qualify students for accreditation by the Professional Standards Board for Patent and Trade Marks Attorneys and the Institute of Patent Attorneys. Candidates will obtain a thorough grounding in the fundamental principles of intellectual property law and address advanced issues, including local and international development of laws relating to the protection of intellectual property rights.

The course objectives are those primarily defined by the Professional Standards Board for Patent and Trade Marks Attorneys. Upon successful completion of the course students will have acquired:

• a detailed understanding of the Australian trade marks and patent and designs systems
• an understanding of the required standard of professional conduct of trade marks and patent attorneys
• an understanding of the Australian legal system
• an overview of intellectual and industrial property and an understanding of the ways in which such property may be protected in Australia
• an understanding of the rights, privileges and responsibilities of trade marks and patent attorneys
• an understanding of the principles of trade marks, patents and designs systems in Australia
• an ability to advise and handle the interests of a client in relation to the prosecution and maintenance of trade mark, patent and design applications
• knowledge of further legal subjects relevant to trade mark, patent and design law and practice.

The course comprises eight six-point coursework units.

Candidates must complete five units* offered as part of the Master of Laws specialising in intellectual property. The remaining three units may be taken from any units offered in the masters coursework program. Alternatively, students can elect one of the following options:

• four coursework units** with at least one unit in the area of intellectual property law and a minor thesis of 25,000-30,000 words on an approved topic in the area.
• six coursework units** with at least three units in the area of intellectual property law and a minor thesis of 12,000-15,000 words on an approved topic in the area.

The units in the specialisation will be those which are specified from time to time by the faculty board on the recommendation of the Postgraduate Studies Committee of the faculty. For further information regarding specialisations, visit http://www.law.monash.edu.au/postgraduate/units-overview.html.

In addition, candidates may complete three units offered by other accredited providers (visit http://www.psb.gov.au/patregaccred.htm for details). Units cover the following topic areas:

• Topic F Patent systems
• Topic G Drafting patent specifications
• Topic H Interpretation and validity of specifications

* Candidates with a degree in a discipline other than law will be required to complete the unit LAW7212 (Australian legal system). Candidates with a law degree from a non-Australian jurisdiction must complete LAW7436 (Introduction to Australian legal process).

** In order to qualify to undertake one of the minor thesis options, a student must have achieved a minimum of 70 per cent in each of the units undertaken.

Postgraduate unit offerings

The faculty endeavours to offer a broad range of graduate units each year across many areas of specialisations and practice areas. The units published have been approved for the purpose of the coursework component in the postgraduate programs.

Units are offered on a rotational basis. Students should check the current timetable to determine which units are available each year. The faculty reserves the right not to offer in a particular year any of the published units if it appears there are insufficient enrolments or if there are other over-riding considerations. Enrolment quotas may have to be imposed in respect of the listed units.

For further information visit http://www.law.monash.edu.au/postgraduate/units-overview.html.

Thesis requirement

Candidates are required to submit a completed thesis proposal form to the postgraduate studies office (forms are available from the office). Students are encouraged to discuss their proposal with members of academic staff. If required, the chair, Postgraduate Studies Committee, will assist in recommending an appropriate member of staff.

Candidates must complete the thesis at a standard comparable to legal writings found in a learned law journal. For information on the requirements which must be met with respect to the certification of theses prior to submission for examination, contact the postgraduate program coordinator.

Students wishing to register with the Professional Standards Board for Patent and Trademark Attorneys should contact that body regarding registration requirements at http://www.psb.gov.au.

Students may exit with a Graduate Diploma in Law (Intellectual Property) providing all requirements for that award have been met.

Master of Intellectual Property Law