UNSW LAW : LAWS4021 - Issues in Intellectual Property

This course assumes a working knowledge of intellectual property based on study at undergraduate level or through completion of the postgraduate course LAWS4017 IP: Regulation and Policy. You will be expected to have an overview of intellectual property law or to have read J. McKeough, A. Stewart and P. Griffith, Intellectual Property in Australia (3rd ed) (Sydney: LexisNexis Butterworths, 2004) and J. McKeough, K. Bowrey and P. Griffith, Intellectual Property: Commentary and Materials (4th ed) (Sydney: Thomson Law Book Co, 2007).

LLM Specialisation

This course may be counted towards LLM specialisation in Media, Communications and Information Technology Law.

Units of Credit: 8

Description

Intellectual property is one of the most dynamic areas of the law. In the past fifteen years or so it has been a field of major economic and social importance. At the same time, it has had to respond to a range of issues, for example the challenges posed by digitisation of copyright materials, the impact of biotechnological development, the intersection with competition law and increased concern over the social costs of extending the scope of intellectual property rights. Notwithstanding the fact that Australian intellectual property law has been the subject of major reform over recent years, there are still many unresolved issues impacting on this area of the law. The purpose of this course is to examine in detail some of these particular issues. Thus, rather than focusing on general principles, in this course we will look at particular topics that are the subject of current controversy. The focus of this course will be on Australian law.

Objectives

The general aims of this course are to investigate why each of the studied issues have proven to be controversial, to assess the major doctrinal, theoretical and policy arguments relating to these issues and to canvass ways in which the law might be improved. On the completion of the course, students should:

Have a comprehensive understanding of the major issues affecting intellectual property law in Australia
Be aware of the major arguments and critical thinking that has impacted on these issues
Be able to explain why each of these issues has been difficult to resolve
Be able to identify potential for law reform in relation to these issues
Be able to articulate the above in the form of a cogently argued essay

Main Topics

Moral rights and artists' resale rights
Copyright exceptions
Technological protection measures
Authorisation of copyright infringement
Geographical indications
Trade mark law reform
Confidential information and the protection of privacy
Business method patents and claim construction
Innovation and competition policy
Intellectual property commercialisation
Challenges to intellectual property