|Dates & Locations:|| |
This subject has the following teaching availabilities in 2008:Semester 2, - Taught on campus.
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: One 3-hour seminar per week |
Total Time Commitment: Estimated total time commitment of 100-126 hours (non-contact time is estimated at two to three hours per week during the teaching period and 40-60 hours in total during the non-teaching periods).
|Prerequisites:||Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Contracts; Obligations; Property or in each case their Âequivalents.|
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
CoordinatorDr D Brennan
|Subject Overview:|| |
Copyright, patent and allied rights are legal rights which attach to intangible subject matter (such as creative works, industrial advances or secrets) and, reflecting their increased commercial significance, are fertile growth areas in private law. The subject commences by allowing students to situate these rights within the system of private law and to analyse them within a framework of economic and social policy. From this foundation the subject allows students to develop an understanding of the legal fundamentals of the rights examined. Those fundamentals are: subject matter protected by copyright; requirements for copyright protection; ownership and duration of copyright; direct and indirect infringement of copyright; exceptions and limitations to the exclusive rights of the copyright owner; protection of design; protection of confidential information; inherently patentable subject matter; construction of patent claims; the requirements of patentability; ownership and duration of patent rights; transfer and exploitation of patent rights; and infringement of patents and defences to patent infringement.
|Assessment:||A written assignment of 2000 words, 50% (due mid-semester) and a final open-book examination of 2 hours, 50%.|
|Prescribed Texts:||Printed materials will be issued by the Faculty of Law.Davison, Monotti, Wiseman, Australian Intellectual Property Law (2007, Cambridge University Press)|
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
|Generic Skills:|| |
On completion of Copyright, Patent and Allied Rights, students should have developed the following generic skills:
In addition, and more specific to the discipline of law, students should be able to:
- Extracting the relevant aspects
- Reconciling apparent conflicts and inconsistencies
- Identifying legal issues
- Arriving at reasoned conclusions as to the rights and obligations of the parties
- Commenting on the desirability or otherwise of the application of the law
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