International and Comparative Patent Law

Subject 730-681 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: Prerequisite

Successful completion of 'Patent Law' or equivalent
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Dr Noel Byrne
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the history and evolution of the present international patent system
  • Understand the operation and interrelationship of the principal components of the present international patent system
  • Be familiar with the most significant treaties and national implementing measures
  • Have a comparative appreciation of national patent systems, including the Australian, European, Japanese and United States patent systems
  • Understand private international law issues that arise in relation to the international exploitation and enforcement of patents.

Syllabus:

Principal topics will include:

  • The history and development of the international patent system
  • The principal conventions, including:
    • The Patent Cooperation Treaty
    • The European Patent Convention and related proposals
    • Budapest Treaty on Micro-organisms
    • UPOV Convention on Plant Varieties
    • The WTO TRIPS Agreement
  • A comparative study of the grant and enforcement of patents in selected regions or countries
  • Regional harmonisation measures
  • Special topics, for example:
    • Patents in the field of medicine
    • Patents for new life forms (animals and plants) and biological components (e.g. genes)
    • Patents for computer programs
    • Exhaustion of patent rights through international trade
    • Remedies, in particular the assessment of damages
    • Jurisdiction, and recognition and enforcement of judgments.
Assessment:
  • Take-home examination (50%) (8-13 October)
  • Research paper 5,000 words (50%) (4 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-681International and Comparative Patent LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the history and evolution of the present international patent system
  • Understand the operation and interrelationship of the principal components of the present international patent system
  • Be familiar with the most significant treaties and national implementing measures
  • Have a comparative appreciation of national patent systems, including the Australian, European, Japanese and United States patent systems
  • Understand private international law issues that arise in relation to the international exploitation and enforcement of patents.

Syllabus:

Principal topics will include:

  • The history and development of the international patent system
  • The principal conventions, including:
    • The Patent Cooperation Treaty
    • The European Patent Convention and related proposals
    • Budapest Treaty on Micro-organisms
    • UPOV Convention on Plant Varieties
    • The WTO TRIPS Agreement
  • A comparative study of the grant and enforcement of patents in selected regions or countries
  • Regional harmonisation measures
  • Special topics, for example:
    • Patents in the field of medicine
    • Patents for new life forms (animals and plants) and biological components (e.g. genes)
    • Patents for computer programs
    • Exhaustion of patent rights through international trade
    • Remedies, in particular the assessment of damages
    • Jurisdiction, and recognition and enforcement of judgments.
  • Take-home examination (50%) (8-13 October)
  • Research paper 5,000 words (50%) (4 December) (topic approved by the subject coordinator)
Prerequisite

Successful completion of 'Patent Law' or equivalent

N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Dr Noel ByrneLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730681P12.500Semester 2NLawLaw730-681

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