Faculty of Law

Monash University

Undergraduate - Unit

This unit entry is for students who completed this unit in 2013 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

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FacultyFaculty of Law
OfferedClayton First semester 2013 (Day)


This unit provides an introduction to the law of patents, registered trade marks and unfair competition. The emphasis of the course is upon patents and registered trade marks with some reference to passing off and statutory remedies for misleading and deceptive conduct under the Australian consumer law provisions in Competition and Consumer Act 2010 (Cth).


Upon completion of this unit 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 the protection of registered trade marks;
  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.


Assignment (1000 words): 20% and examination (2 hours writing time plus 10 minutes reading time): 80% OR examination (2.5 hours writing time plus 10 minutes reading time): 100%

Chief examiner(s)

Contact hours

Three hours of lectures per week


LAW3400 or LAW3401 and LAW3402