Faculty of Law

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.





  • Second semester 2016 (Day)


This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. They will also examine trade mark law and critically consider trade mark law principles and policies.


  1. Capacity to interpret patent specifications and claims in the context of and simultaneous application of patent law.
  2. Understand and identify the policies behind patent law developments and recognise those policies in the context of Australian patent case law and legislation.
  3. Identify and critically evaluate the likelihood of any factual scenario involving contravention of the rights of patent and trade mark owners.
  4. Recognise the fundamental nature of trade marks and the means by which their legal protection operates in a sophisticated commercial environment.
  5. Both analyse and apply patent and trade mark legislation and case law so as to provide advice to owners and users of patents and trademark.
  6. Undertake a critical evaluation of the place of patent and trade mark law in a commercial environment and in the space of government regulatory activity that may conflict with the exploitation of that intellectual property.


Students will be provided with a patent interpretation exercise. Their answers will be evaluated and feedback provided on those answers. The exercise will not have any marks assigned to it but will be a critical part of learning for the purposes of a significant part of the end of semester examination.

Assignment (1000 words): 20% and
Final written examination (2 hours writing time plus 10 minutes reading time): 80%


Final written examination including a 20% research component (2.5 hours writing time plus 10 minutes reading time): 100%

Chief examiner(s)


For students in the LLB Course:
LAW3400 or LAW3401 and LAW3402

For students in the LLB Hons course:

Foundations of Law
Criminal Law 1
Public Law and Statutory Interpretation
Contract A
Contract B
Property A
Constitutional Law


For students in the LLB Hons course:

Corporations Law