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LAW5146

Intellectual property I: copyright, designs and confidential information 506

Professor S. Ricketson

6 points
* Three 1 hour lectures per week
* First Semester
* Clayton
* Prerequisite: LAW3400

Objectives Upon completion of this subject 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 authors, designers and other creators, as well as users of material created by such persons, on their rights and liabilities under the laws of copyright, designs and breach of confidence; (5) have an appreciation of the basic features of the international rules governing the protection of copyright and designs, circuit layouts and performers; (6) have an appreciation of the impact of technological change on the formulation and protection of the rights studied; and (7) should have enhanced their skills of case analysis and statutory interpretation.

Synopsis The subject commences with an examination of the rationale and scope of intellectual property protection. The following specific areas will then be examined: copyright and neighbouring rights (including performers' rights and circuit layouts), the challenge of technological convergence and the development of the information superhighway, registered designs and the protection of industrial design, trade secrets and confidential information. Material relevant to the administration and enforcement of these rights will also be considered, as will comparative and international perspectives (where appropriate) and the relationship between these rights and other parts of intellectual property law as well as with other areas of law such as competitive and trade law.

Assessment Written research assignment (2000 words) and final examination (2 hours): 30% and 70% respectively
* or final examination (3 hours): 100%

Texts

Ricketson SIntellectual property: Cases, materials and commentary Butterworths, 1994

Copyright Act 1968 (and Copyright Regulations 1969, and Copyright (International Protection) Regulations 1969))

Designs Act 1908 (and Designs Regulations 1981)

Faculty notes


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