Taxation of Intellectual Property

Subject LAWS70192 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

July, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Assoc Prof Miranda Stewart

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:
  • An overview of the structures and operation of the law that protects key intellectual property assets such as copyright, patents, designs, trade marks, confidential information, trade secrets, know how and goodwill
  • Taxation of the acquisition, development, use and disposal of these intellectual property assets under the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth) including:
    - Depreciation rules and incentives in Divisions 40 and 41 and how they impact on intellectual property assets
    - Capital gains tax (Parts 3-1 and 3-3) and intellectual property assets
    - Research and development concessions
    - Venture capital concessions
    - International tax issues for intellectual property including royalty withholding tax and transfer pricing
  • Business structures for commercialisation of intellectual property and the tax impact on such structures
  • Employee equity and commercialisation of intellectual property.
Objectives:

This subject will examine the treatment of innovation, intellectual property and business intangibles under Australian tax law, with a particular focus on the income tax. Key features of intellectual property law in Australia will also be addressed to provide sufficient background in that branch of the law on which the tax analysis builds. The tax policy for government investment, taxing and subsidies for innovation will provide a framework for the tax law analysis. The subject will illustrate the application of tax law, in a mixture of lecture and case study format, to the acquisition, development, use, commercialisation and disposal of intellectual property.
Assessment:

Take-home examination (100%) (3-6 September)
or
10,000 word research paper (100%) (14 October) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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