Master of Intellectual Property Law

Melbourne Law School’s specialisation in intellectual property (IP) is one of the largest and most respected specialist IP law programs in the world. Its extensive range of challenging, cutting-edge subjects covers the spectrum of IP protection regimes, and are both practically focused and theoretically rigorous. The majority of the specialisation's subjects are accredited by the Professional Standards Board for Patent and Trade Marks Attorneys (PSB). This program is ideal for those seeking accreditation as a patent and/or trade marks attorney, as well as for those seeking to develop or expand their expertise in intellectual property law generally.

Graduates of the Master of Intellectual Property Law will:

• Have an advanced and integrated understanding of the complex body of knowledge in the field of Australian intellectual property law, including its international context and:
  • the requirements that need to be satisfied to establish entitlement to the grant of intellectual property rights
  • the procedures by which grant of intellectual property rights are obtained
  • the requirements that need to be satisfied to establish infringement of intellectual property rights
  • the exceptions, limitations and defences to infringement that apply to intellectual property rights
  • the means for, and constraints on, commercialisation of intellectual property rights.
• Have expert, specialised cognitive and technical skills that equip them to independently:
  • analyse, critically reflect on and synthesise complex information, concepts and theories in the field of intellectual property law
  • research and apply such information, concepts and theories to the relevant body of knowledge and practice; and
  • interpret and transmit their knowledge, skills and ideas to specialist and non-specialist audiences, including clients
• Apply their knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of intellectual property law.

Students must complete eight subjects in total.

Students who do not have a law degree from a common law jurisdiction must complete Fundamentals of the Common Law, as well as seven subjects from the prescribed list.

Students with a law degree from a common law jurisdiction must complete at least seven subjects from the prescribed list and may choose an eighth subject from those available in the Melbourne Law Masters (excluding Fundamentals of the Common Law).

Overview of Intellectual Property

Overview of Intellectual Property is a one-day seminar that provides a general survey of the various regimes comprising intellectual property (IP). It is accredited by the Professional Standards Board for Patent and Trade Marks Attorneys as satisfying part of their accreditation requirements for Topic Group A.

• A degree in law (LLB, JD or equivalent) leading to admission to practice, at honours standard, or equivalent;
  or
• A degree in law (LLB, JD or equivalent) leading to admission to practice, or equivalent and two years of documented relevant professional experience;
  or
• An undergraduate degree in a relevant discipline and two years of documented relevant professional experience;
  or
• An undergraduate degree in a relevant discipline; and successful completion of four subjects in a cognate graduate diploma and one year of documented relevant professional experience.

The Selection Committee may seek further information to clarify any aspect of an application in accordance with the Academic Board rules on the use of selection instruments.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

A student who completes a masters degree in the Melbourne Law Masters is eligible to apply for entry to the PhD program.

1. Advanced understanding of the changing knowledge base in the relevant area(s) of law
   The specialist focus of the Melbourne Law Masters, the constant review and renewal of subjects and courses to ensure coverage of recent developments, the range and expertise of instructors from Australia and around the world, and regular advice from MLM advisory boards combine to ensure that courses and subjects reflect emerging knowledge and ideas.
2. Ability to investigate, evaluate, synthesise and apply existing knowledge in the relevant area(s) with creativity and initiative
   Small classes, a discussion-based environment and the emphasis on quality teaching and learning create an environment in which knowledge is exchanged, critically examined and adapted to current circumstances.
3. Well-developed problem solving abilities, characterised by flexibility of approach
   Most subjects approach knowledge by reference to various issues or problems. Students are required to critically analyse problems and identify and develop a range of appropriate solutions through class discussion, individual study and assessment tasks.
4. Advanced competencies in legal research and analysis
   Class preparation and class discussions are designed to enhance these skills, which are tested in all forms of assessment. All graduates of an LLM will have demonstrated, through subject assessment, the ability to use their research skills to plan, develop and execute substantial research-based project(s) and/or piece(s) of scholarship.
5. Capacity to effectively communicate complex legal ideas and theories, orally and in writing, to a variety of audiences
   Classroom discussion and formal presentations provide an opportunity to hone oral communication skills, and written assessment tasks are graded in part on written communication skills.
6. Appreciation of the design, conduct and reporting of original research
   Research papers and other research tasks are expected to attain a degree of creativity, originality and discovery that befits a postgraduate program of the highest quality, and students are encouraged and assisted to publish original work of a high standard in refereed journals.
7. Capacity to manage competing demands on time and ability to work with a high level of autonomy and accountability
   The demanding nature of graduate study requires effective time-management skills from all students and an ability to work independently and be accountable for commitment to study and output, as demonstrated through class attendance, engagement and assessment. The rigour of our programs, whether undertaken part-time or full-time, ensures that all successful graduates have enhanced time-management skills and the ability to work with relative autonomy.
8. Profound respect for truth and intellectual integrity, including the ethics of scholarship
   Some subjects have a substantive ethical component. All instructors have a respect for intellectual integrity and are skilled scholars or practitioners in their own right.
9. Appreciation of the way in which knowledge provides a foundation for leadership
   Instructors in the Melbourne Law Masters are leaders in their fields, and many subjects involve visiting academics, exposing students to a wider array of leaders in a range of legal fields. The Law School is committed to the significance of knowledge, which informs all regular programs and a wide range of additional activities.
10. Capacity to value and participate in teamwork
    Small class sizes and an intensive teaching format are valuable in encouraging group dynamics and teamwork.
11. Understanding of the significance and value of knowledge to the wider community
    Law and legal knowledge are a community resource. In some subjects, this perspective is covered explicitly by the syllabus and the manner in which issues are treated in class. In addition, our diverse student body ensures that a range of perspectives on the way law impacts on the community are identified and analysed.
12. Capacity to engage with issues in contemporary society
    Our programs focus on the most up-to-date legal knowledge, analysing current issues and problems through the curriculum design, classroom discussion and assessment tasks. International students are also invited to participate in extracurricular activities to aid understanding of Australian law and legal institutions.
13. Advanced working skills in the use of new technology
    The most advanced IT infrastructure is available to Melbourne Law Masters students in the Law Library, the Moot Court Room, classroom settings and for private study.

By satisfactorily completing appropriate subjects, a suitably qualified person may be accredited with satisfying all of the topic groups necessary for registration as a trade marks attorney and for registration as a patent attorney. Applicants seeking registration as a patent attorney and/or trade marks attorney should indicate this on acceptance of your offer and seek advice from the PSB and the Law School on subject selection at the time of enrolment. For more information, visit the Melbourne Law School course page or www.psb.gov.au.