Intellectual property II: patents, trade marks and unfair competition 506
Not offered in 1997
Professor S Ricketson
6 points
* 3 one-hour lectures per week or two 1.5 hour lectures
* Second 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 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 allied rights; (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
Synopsis The subject commences with an examination of the rationale and scope of intellectual property protection. The following areas that are relevant to technological innovation and business development will then be considered: patents for inventions and allied rights (including plant breeders' rights); passing off and related actions that prevent acts of unfair competition (including statutory remedies under Part V, Trade Practices Act 1974); and registered trade marks. 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 other areas of law such as competition 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 S Intellectual property: Cases, materials and commentary Butterworths, 1994
Patents Act 1990 (and Regulations)
Trade Marks Act 1995 (and Regulations)
Plant Breeders' Rights Act 1994
Faculty notes
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