Handbook

This course, together with Intellectual Property 1: Copyright and Designs, collectively consider Australian intellectual property (IP) law.

IP—which encompasses the laws of copyright, designs, patents, breach of confidence, passing off and registered trade marks, as well as various related doctrines—has become one of the most important areas of commercial legal practice in recent years. It is vital to the marketing, advertising, entertainment, communications and science and technology industries. The two courses together aim to introduce students to each of the general law and statutory IP protections outlined above. For each of the heads of protection, the courses gives detailed consideration to the subject matter which is protected, the pre-conditions for protection, and the nature of infringement. Various justifications for IP are also considered, particularly in the context of new or developing forms of IP.

This course, Intellectual Property 2: Trade Marks and Patents, focuses on three aspects of Australian IP law. The first is the legal protection of business reputation, which includes the law of registered trade marks and related doctrines such as the tort of passing off. The requirements for registering marks, infringement and defences, and the elements of passing off will be canvassed, as will policy debates over the scope of legal protection. The second is the law of patents, which protects new innovations. It will cover the acquisition, ownership, exploitation and enforcement of patent rights and look at emerging issues such as the protection of biotechnology. The third is the action for breach of confidence, which protects trade secrets and personal information.

Intellectual Property 1 and Intellectual Property 2 can be taken in any order.

Please be aware that students who take Intellectual Property 1 and/or Intellectual Property 2 will not be able to take LAWS3021 Foundations of Intellectual Property Law and/or LAWS3057 Advanced Intellectual Property Policy and Practice. Similarly, students who take Foundations of Intellectual Property Law and/or Advanced Intellectual Property Policy and Practice will not be able to take either Intellectual Property 1 or Intellectual Property 2.

Main Topics

• Passing Off and Consumer Protection Laws
• The Core Requirements of Reputation, Misrepresentation and Damage
• Registered Trade Mark Law: History and Justifications
• Absolute and Relative Grounds of Refusal
• Trade Mark Infringement, Defences, and Loss of Rights
• Patent Law: History and Justifications
• Patentable Subject Matter
• Novelty, Inventive Step, Utility and Secret Use,
• Requirements relating to the Specification
• Patent Infringement and Defences
• Breach of Confidence