Designs Law and Practice

Subject 730-894 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

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

This subject has the following teaching availabilities in 2009:

June, - 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 candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Ms Janice Luck
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand and be able to apply the principles of law relating to the registration and enforcement of designs
  • Understand the practice relating to the registration and exploitation of designs
  • Have the ability to apply for, prosecute and maintain the registration of a design
  • Understand and be able to apply the principles of law relating to the protection of designs by copyright
  • Appreciate other means of protecting designs
  • Understand the principles of the international protection of designs.

Syllabus:

Principal topics will include:

  • Registrable designs: What is a design – newness and distinctiveness
  • Types of design applications
  • Application and registration procedures and Designs Office practice
  • Duration of registration and removal procedures
  • Registration rights and their infringement
  • Defences to and remedies for infringement
  • Validity and infringement of designs registered under the Designs Act 1906 (Cth)
  • Offences and penalties
  • Ownerships, transfer and exploitation of design rights (including compulsory licences and Crown use and acquisition)
  • Rectification and correction of the Register
  • Artistic works protected by copyright and the designs/copyright overlap
  • International conventions and the protection of designs in foreign countries.
Assessment:
  • Take-home examination (100%) (29 July–3 August)
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: 730-894Designs Law and PracticeMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand and be able to apply the principles of law relating to the registration and enforcement of designs
  • Understand the practice relating to the registration and exploitation of designs
  • Have the ability to apply for, prosecute and maintain the registration of a design
  • Understand and be able to apply the principles of law relating to the protection of designs by copyright
  • Appreciate other means of protecting designs
  • Understand the principles of the international protection of designs.

Syllabus:

Principal topics will include:

  • Registrable designs: What is a design – newness and distinctiveness
  • Types of design applications
  • Application and registration procedures and Designs Office practice
  • Duration of registration and removal procedures
  • Registration rights and their infringement
  • Defences to and remedies for infringement
  • Validity and infringement of designs registered under the Designs Act 1906 (Cth)
  • Offences and penalties
  • Ownerships, transfer and exploitation of design rights (including compulsory licences and Crown use and acquisition)
  • Rectification and correction of the Register
  • Artistic works protected by copyright and the designs/copyright overlap
  • International conventions and the protection of designs in foreign countries.
  • Take-home examination (100%) (29 July–3 August)
N.A. 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 candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Ms Janice LuckLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730894730-8942June

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