units

LAW5340

Faculty of Law

18 September 2017 22 December 2024

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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

Postgraduate - Unit

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

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 1 2016 (Day)
  • Trimester 2 2016 (On-campus block of classes)
  • Trimester 3 2016 (On-campus block of classes)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7223

Synopsis

The unit introduces the concept and categories of intellectual property law and the interface between them within a national and global context using case studies, and develops awareness of the role of the law in facilitating commercial transactions. Students will evaluate the rationales for and the nature and objectives of a broad range of intellectual property rights including copyright, trademarks, passing off, geographical indications, industrial designs, patents, protection of confidential information (trade secrets), plant breeder's rights and circuit layouts. The unit also examines the major international intellectual property treaties and the relationship of intellectual and industrial property with consumer protection legislation and restrictive trade practices legislation.

Outcomes

On completion of this unit students will be able to:

  1. compare and contrast the nature and objectives of the common law and statutory regimes protecting trade marks, patents, copyright, designs, confidential information, circuit layouts and plant breeders' rights.
  2. research, interpret, evaluate and synthesise legal principles to formulate appropriate responses to complex problems and issues and to generate new understandings;
  3. communicate ideas relating to the protection of intellectual property rights to a specified audience in ways that are effective, appropriate and persuasive; and
  4. reflect on the role and effectiveness of law in regulating and facilitating commercial transactions.

Assessment

1. Research assignment (3,750 words): 50%
2. Take home final examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)

Mr John Gibbs Personal ProfilePersonal Profile (http://www.monash.edu/law/current-students/resources/course-unit-information/postgraduate/sess-jgibbs) (Trimester 1)
Mr Ian Horak Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-ihorak.html) (Trimester 2)
Mr Ian Horak Personal ProfilePersonal Profile (http://www.law.monash.edu/staff/postgraduate/sess-ihorak.html) (Trimester 3)

Prerequisites

LAW5000 or LAW5080 or LAW5081 or an equivalent foundation subject in a law course.