This is a course for students who have already learned the fundamentals of intellectual property law, and who would like to extend their knowledge and practical skills in this area of law.
Policy: The course provides opportunities to explore some contentious areas of debate and policy development within intellectual property law, such as trade mark counterfeiting and copyright piracy; issues surrounding bio-prospecting and ownership of genetic material; protection of indigenous cultural and intellectual property (‘ICIP’); and the effects of intellectual property laws on access to essential medicines.
Practice: The course also examines practical issues intellectual property lawyers are likely to confront in practice, such as franchising; the interplay of marketing, branding and trade marks; portfolio management; criminal offences; registration practice and strategies; parallel importation; geographical indications. A choice of assessment options allows students to either extend their knowledge in a particular area of interest through a research essay, or develop their practical legal skills by advising hypothetical clients in a series of short problem question exercises known as ‘practice briefs’.
The course provides a solid general knowledge of relevant issues and skills for students wishing to practice in intellectual property law, and a good grounding in intellectual property research for students considering writing a thesis or undertaking postgraduate studies in this area.
Prior to taking this course, students are required to have studied IP in either LAWS3021/JURD7321 Foundations of Intellectual Property Law or LAWS8017/JURD7617 Intellectual Property Law. Students may take LAWS3057/JURD7357 Advanced IP in the same term as either of those courses.
Main Topics
- Intellectual Property theory and its practical application
- Politics of IP in Australia and internationally
- Indigenous cultural and intellectual property (‘ICIP’)
- alternatives to contemporary international (TRIPS based) IP standards
- Intellectual propertization: How far should the expansion of intellectual property laws go?
- Enforcement issues: trade mark counterfeiting and copyright piracy; IP crime.
- IP, marketing and branding practice (including character merchandising and personality rights)
- IP, bio-prospecting and owning life
- IP, patents and access to essential Medicines
- Interdisciplinary approaches to understanding IP (e.g. marketing, sociological, economics)
- Contract law in IP practice; Licensing Agreements (incl. compulsory licensing and technology transfer), Copyright Permissions & Franchising
- IP Portfolio management
- Trade mark Registration practice and procedure (incl. registration strategies); overview of patent registration practice and procedure (including drafting/interpreting claims/specifications)
- Parallel importation and Exhaustion in Australian and international copyright and trademark law
- Geographical Indications and related law
- IP Dispute Resolution (incl. mediation, arbitration, and the adoption of integrated IP strategies pre- and post- dispute)
