LAW7119

Patents, trade secrets and allied rights

Ms A Monotti

One 2-hour seminar per week
* First semester
* City

Objectives Students who successfully complete this subject should (1) have an enhanced appreciation of the policies and objectives underlying the laws of patents and confidential information; (2) be in a position to comment critically on those policies and objectives and to relate them to current proposals for law reform; (3) have developed a detailed 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 detailed and comprehensive advice to inventors, enterprises and other persons engaged in the process of innovation on their rights and liabilities under these laws; and (5) have a sound understanding of the operation and application of the rules governing the international protection of patents for inventions and allied rights.

Synopsis This subject is primarily concerned with the rights resulting from intellectual activity in the industrial and scientific fields. It proceeds on the premise that students will already have some knowledge of the operation of the patent system and the action of breach of confidence, and will offer an advanced study of these topics. In particular, the history and rationale of the patent system will be considered followed by detailed examination of the concept of invention, the requirements for patentability, patent application procedure, the enforcement, maintenance and exploitation of patents, and the international patent system. The nature and scope of protection accorded to confidential information will also be discussed, together with the question of the relationship between patent and trade secrets protection. In addition, there may be consideration of allied forms of protection including plant breeders' rights and utility models.

Assessment Research paper (5000 words): 50%
* Supervised examination (2 hours): 40%
* Class presentation: 10%

Texts

To be advised