units

LAW5629

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

Offered

Not offered in 2016

Synopsis

This unit will examine from an international and comparative perspective the most fundamental question in patent law: what subject matter should patent law protect with a twenty year monopoly? It will consider the obligations that relevant international treaties and conventions impose on member states in the design of their patent laws. Within the context of this international structure, it will immerse students in understanding and critically analyzing the approaches taken to patentable subject matter by Canada, the US, the UK and Australia. In particular, it will focus on the challenges posed to patent law by new and emerging technologies in such areas as business methods and systems, software, higher life forms, methods of medical and surgical treatment and genetic materials. No technical background is required, expected, nor is any previous work in patent law needed.

Outcomes

At the end of this unit, students will be able to:

  1. Apply knowledge and understanding of the law relating to patentable subject matter across the jurisdictions of Australia, Canada, the US and the UK, demonstrating sophisticated awareness of the theoretical and policy concerns underpinning the most fundamental question in patent law: what subject matter should have the protection of a patent?
  2. Investigate, analyse and synthesise complex information concerning the evolving principles and themes embodied in the comparative jurisprudence and literature in the area of patentable subject matter;
  3. Conduct research into issues relating to the comparative policies that are applied in each jurisdiction to determine what is patentable subject matter; and
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to patentable subject matter, law and policy.

Assessment

Attendance requirement: students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

1. Seminar presentation: 10%
2. Class paper (1,500 words): 10%
3. One research assignment (6,000 words): 80%

Workload requirements

Students enrolled in this unit will be required to attend 36 hours of seminars, and will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Professor Ann Monotti

Prohibitions

LAW5340 Intellectual property
LAW5321 Protecting commercial innovation: Patents and trade secrets