CLAW2209: Semester 1, 2022

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Units CLAW2209 Semester 1 2022 [Normal day]

Unit of study_

CLAW2209: Intellectual Property for Business

Semester 1, 2022 [Normal day] - Camperdown/Darlington, Sydney

Overview

Innovation is a key driver of business. This unit addresses the intellectual property regime - the statutory and common law mechanisms that recognise and protect creative effort and proprietary knowledge and reward innovation. The intellectual property rights available under the law are discussed but the focus is on the commercial implications of the IP regime. This unit covers not only the protection and enforcement of Intellectual Property Rights [IPRs] but also their commercialisation and their management. The unit outlines the key IPRs granted by the statutory IP regimes - trademarks, copyright, designs and patents - as well as the common law protection of confidential information and trade secrets. The protection of trade designations, branding and character merchandising through the statutory misleading or deceptive conduct action is also covered as is the protection of business goodwill through restraint of trade covenants. The ownership of IP, its protection internationally and its commercialisation through licensing and technology transfers are also discussed.

Unit details and rules

Unit code	CLAW2209
Academic unit
Credit points	6
Prohibitions ?	None
Prerequisites ?	Completion of at least 24 credit points of study
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Mary Wyburn, mary.wyburn@sydney.edu.au

Type	Description	Weight	Due	Length
Small test	Quiz online Small test	10%	Week 05	30 minutes
Outcomes assessed:
In-semester test (Take-home short release)	In-semester exam Written exam submitted online	45%	Week 08 Due date: 14 Apr 2022 at 10:00	1.5 hours
Outcomes assessed:
Assignment	Assignment Assignment	45%	Week 13 Due date: 26 May 2022 at 13:00	2,500 words
Outcomes assessed:
= Type D in-semester exam ?

Assessment summary

Quiz: An online quiz (in class time).
In semester test: Scenario (fact-based) problem questions (in class time) submitted online.
Assignment: Assignment submitted online.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Awarded when you demonstrate the learning outcomes for the unit at an exceptional standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Distinction	75 - 84	Awarded when you demonstrate the learning outcomes for the unit at a very high standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Credit	65 - 74	Awarded when you demonstrate the learning outcomes for the unit at a good standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Pass	50 - 64	Awarded when you demonstrate the learning outcomes for the unit at an acceptable standard, as defined by grade descriptors or exemplars outlined by your faculty or school.
Fail	0 - 49	When you don’t meet the learning outcomes of the unit to a satisfactory standard.

For more information see sydney.edu.au/students/guide-to-grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties apply to late submission online of the in class test and assignment. See Canvas.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to Intellectual Property	Lecture (3 hr)
Week 02	Patent	Lecture and tutorial (3 hr)
Week 03	Design/Circuit Layout/Plant Breeders Rights	Lecture and tutorial (3 hr)
Week 04	Confidential Information; Copyright	Lecture and tutorial (3 hr)
Week 05	1. Quiz 2. Copyright	Lecture and tutorial (3 hr)
Week 06	Copyright	Lecture and tutorial (3 hr)
Week 07	Copyright/Business Reputation	Lecture and tutorial (3 hr)
Week 08	1. In Class Test 2. Business Reputation	Lecture and tutorial (3 hr)
Week 09	Trade Mark	Lecture and tutorial (3 hr)
Week 10	Trade Mark	Lecture and tutorial (3 hr)
Week 11	Trade Mark	Lecture and tutorial (3 hr)
Week 12	Discussion of Assignment Topics	Lecture and tutorial (3 hr)
Week 13	Review of the Unit	Lecture (3 hr)

Attendance and class requirements

Lecture recordings: All lectures and seminars are recorded and will be available on Canvas for student use. Please note the Business School does not own the system and cannot guarantee that the system will operate or that every class will be recorded. Students should ensure they attend and participate in all classes.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The textbook for the unit is: Bender M, Christie S, Carter S and Lockhart S, Marketing and the Law, 6th edition, LexisNexis Butterworths 2020.
The various intellectual property statutes (eg Patents Act 1990 (Cth), Designs Act 2003 (Cth), Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth)), are available on the austlii (www.austlii.edu.au) and ComLaw (www.comlaw.gov.au) web sites (see Canvas Links section). Case law and legislation can be accessed via the electronic databases and resources available from Fisher Library and the Law Library. Details of other sources are available on Canvas.

Additional readings for this unit will appear on the Reading List available on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify and analyse legal issues relating to intellectual property for business and critically appraise the policies operating in the area
LO2. resolve intellectual property for business problems by applying the relevant law, evaluating the possible solutions and developing coherent arguments to support conclusions
LO3. communicate about relevant intellectual property for business topics, orally and in writing, to a professional standard.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

The unit is updated on an ongoing basis to take account of changes in the legislation, recent case law, policy developments and student feedback.

Additional information

More information can be found on Canvas.

Business School Policies

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

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