Overview
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 … For more content click the Read More button below.
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 LawsThe Core Requirements of Reputation, Misrepresentation and DamageRegistered Trade Mark Law: History and JustificationsAbsolute and Relative Grounds of RefusalTrade Mark Infringement, Defences, and Loss of RightsPatent Law: History and JustificationsPatentable Subject MatterNovelty, Inventive Step, Utility and Secret Use,Requirements relating to the SpecificationPatent Infringement and DefencesBreach of Confidence
Conditions for Enrolment
Prerequisite: Completion of 78 UOC in LAWS courses.
Exclusion: LAWS3021/JURD7321, LAWS3523/GENL2323, LAWS8017/JURD7617
Exclusion: LAWS3021/JURD7321, LAWS3523/GENL2323, LAWS8017/JURD7617
Delivery
In-person - Standard (usually weekly or fortnightly)
Course Outline
To access course outline please visit below link (Please note that access to UNSW Canberra course outlines requires VPN):
Fees
Type | Amount |
---|---|
Commonwealth Supported Students (if applicable) | $1813 |
Domestic Students | $5550 |
International Students | $5550 |
Pre-2019 Handbook Editions
Access past handbook editions (2018 and prior)