LAW 2514 - Intellectual Property Law

North Terrace Campus - Semester 1 - 2023

This course aims, through a treatment of laws relating to patents, trademarks, confidential information, designs and copyright, to examine the protection provided by the law in regard to ideas, inventions, information and other forms of creative effort. The course also aims to explore how the law must balance interests and protect investment while taking into account public welfare and technological developments. The course will explore the interrelationship of the different regimes of protection, and will also consider practical issues arising in the commercialisation or exploitation of intellectual property. Students completing this course should have a basic grounding in the law of the area, its limitations, policies, and objectives, including the basic features of the various systems of protection.

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Course Details

Course Code	LAW 2514
Course	Intellectual Property Law
Coordinating Unit	Adelaide Law School
Term	Semester 1
Level	Undergraduate Law (LLB)
Location/s	North Terrace Campus
Units	3
Contact	Up to 3 hours per week
Available for Study Abroad and Exchange	Y
Prerequisites	LAW 1506 or LAW 1511
Incompatible	LAW 2059
Restrictions	Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
Assessment	Typically to include interim assessment case analysis and an exam.

Course Staff

Course Coordinator: Dr Joshua Curtis

Course Timetable

The full timetable of all activities for this course can be accessed from .

Lectures will be run each week for 12 weeks. 12 x 1 hour seminars will be run in the weeks listed in the table below in Learning Activities Summary.

Course Learning Outcomes

On successful completion of this course, students will be able to:

Analyse the advanced principles of intellectual property law, undertake self-directed legal research at an intermediate level, and evaluate complex legal information.
Apply intellectual property law principles to complex legal problems through indidual work.
Structure and sustain concise and cohesive written arguments for a legal audience.
Conduct legal research.
Reflect on their abilities to effectively undertake work as a legal practitioner.

University Graduate Attributes

This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

University Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	4
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	5
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	4
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	5

Learning Resources

Required Resources

TEXT BOOK(S)
William van Caenegem et al, Intellectual Property in Australia, (LexisNexis Butterworths, 7th edition, 2022)

Recommended Resources

Anne Fitzgerald et al, Intellectual Property: Principles and Practice (Thomson Reuters, 2022)

Ricketson and Creswell, Thompson Legalonline, The Law of Intellectual Property: Copyright, Designs & Confidential Information (online service)

Lahore, LexisNexis AU, Copyright and Designs, (online service)

Lahore (ed), LexisNexis AU, Patents, Trade Marks & Related Rights, (online service)

Journals:
Australian Intellectual Property Journal (AIPJ)
European Intellectual Property Review (EIPR)

Case Reports:
Intellectual Property Reports (Butterworths) Available online through the Law Library.

Internet sources:
Here are a few sites that you might like to browse, there are many more:
成人大片 Law Library Intellectual Property page:

IP Australia (Federal Government Body responsible for registration of Patents, Trade Marks & Designs):

World Intellectual Property Organisation (good source of IP treaty details, amongst other things):

Australian Copyright Council (good source of information on copyright issues)

Online Learning

MyUni will be used to access online lectures, post announcements, post additional lecture materials (including slides) and announce assignment tasks. It will also contain electronic copies of the Course Information, Lecture and Seminar Guides, and Course Materials.

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
Learning & Teaching Activities

Learning & Teaching Modes

Lectures supported by problem-solving seminars developing material covered in lectures. Technology permitting, lectures will be recorded and posted on MyUni. Recording of seminars is not permitted because students should be free to participate without concerns about being recorded.
Seminars are a critical component of your learning in this course. The communication skills developed in seminars by regularly and actively participating in discussions are considered to be most important by the School and are highly regarded by employers and professional bodies. Most importantly, if you choose not to attend seminars, you will miss out on a good deal of the course material.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.

The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

Learning Activities Summary

This course covers the following substantive topics:

-Introduction to patents - Patentable subject matter
-Patents - requirements for grant - exploitation and infringement
-Introduction to copyright - Subsistence of copyright
-Copyright – exploitation of rights – Infringement, defences and remedies
-Moral rights and performers rights
-Designs and designs copyright overlap
-Actions for passing off, misleading and deceptive conduct
-Trade marks (registered rights)
-Confidential information

*Please note that these learning activities are subject to change and the course is also designed to repond to new and emerging issues in IP Law. For the latest information please consult Myuni.

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary


Assessment Item	Individual / Group	% of final mark	Dates	Length	Redeemable	Learning Outcomes
Case analysis: IP and Public Health	Individual	30%	2 pm Tuesday, Week 7	2500 words	N	3, 4, 5
Exam	Individual	60%	Exam Period semester 1	2h	N	2,3,5
Online patent quiz	Individual	10%	2 pm Thursday, Week 6	10 questions	N	1, 4

Assessment Detail

Online Quiz: 10 questions covering patent law.

Case analysis: 2500 word case analysis (on intellectual property and public health). This assessment will develop students’ understanding of Australian trademark law and its intersection with government policy space to implement public health objectives. It will develop the skill of providing effective legal advice to hypothetical clients concerning their rights and obligations. The case will draw from a 2012 High Court decision on a challenge by the tobacco industry on Australia's world leading cigarette plain packaging legislation.

Exam: 2 hours 10 mins. 1 problem based question. For South Australian based students, face-to-face invigilation will continue for all final examinations (paper-based). Offshore students enrolled will receive a proctored, online examination for offshore students only. Please attend to University and Course announcements on possible changes.

Submission

Submission

The assignment must be submitted in electronic form through Turnitin on MyUni. All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

Students must retain a copy of the assignment submitted.

All references must be appropriately cited in footnotes, in order to acknowledge sources, and avoid plagiarism.

Students must indicate the word count of each essay on the front cover of their assignment sheet. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is misstated, this may be regarded as academic dishonesty.

Late Submission

5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length

Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated excluding cover page information and footnotes. Quotations are included in the word count.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through .

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

assurance of the qualifications of markers, and their knowledge of the content covered in each course;
detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
sharing of example marked assessments at various grade bands across markers;
reviewing of selected marked assessments from each marker by the course coordinator;
comparison of the marks and their distribution across markers;
automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Student Feedback

The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

Student feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The University’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 成人大片 is committed to regular reviews of the courses and programs it offers to students. The 成人大片 therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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