Designs Law and Practice

Subject LAWS70261 (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:

May, 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

Ms Janice Luck

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:

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
  • Ownership, 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.
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 and the issues raised by dual protection
  • Appreciate other means of protecting designs
  • Understand the principles of the international protection of designs.
Assessment:

Take-home examination (100%) (14-19 July)
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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