Competition Law & Intellectual Property

Subject LAWS70208 (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:

November, 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

Mr Arlen Duke

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:

This subject provides an examination of the interface between the legal property rights created by intellectual property statutes (and at common law) and the body of law that controls and regulates anti-competitive practices.

Principal topics will include:

  • Theoretical approaches to the accommodation of intellectual property rights to competition law
  • Policy goals of intellectual property and competition law
  • Limitations and controls placed over the grant, subsistence, scope and infringement of intellectual property rights under statutory and common law regimes
  • Statutory and compulsory licensing under the Patents Act 1990 (Cth) and Copyright Act 1968 (Cth)
  • Part IV of the Trade Practices Act 1974 (Cth): Outline, concepts and special provisions in respect of intellectual property
  • Dealings in intellectual property under intellectual property and competition statutes.
Objectives:

A student who has successfully completed this subject should:

  • Understand the policy goals that underlie the legal recognition of intellectual property and competition law
  • Have a broad familiarity with economic concepts such as 'competition', 'market power', 'public good', and 'property right' which define the interaction between intellectual property and competition law
  • Be aware of the extent to which intellectual property laws limit the exercise of intellectual property rights in the interests of competition
  • Be able to analyse the provisions of Part IV of the Trade Practices Act 1974 (Cth) and apply them to dealings in intellectual property.
Assessment:

Class participation (10%)
Take-home examination (90%) (14-17 January 2011)
or
9,000 word research paper (90%) (10 February 2011) 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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