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Unit of study_

LAWS5179: IP: Trademarks and Patents

Semester 1, 2020 [Normal day] - Camperdown/Darlington, Sydney

This unit focuses on legal rights concerning the marketing of products, specifically, trade mark law and passing off, and legal rights concerning invention, specifically, patent law. Most aspects of the law of registered trade marks, including some references to passing-off and misleading and deceptive conduct will be covered in the unit, as will the effect of these areas of law on new marketing practices on the Internet. Some specific topics which will be covered in depth are: the differences between registered trade marks, passing-off and unfair competition; character merchandising and the protection of the celebrity persona; the nature of signs and the special problem of shape trade marks; counterfeiting and parallel imports; trade mark infringement; the badge of origin, private property and cultural resource functions of registered trade marks. In patent law, there will be a particular focus on the requirements for patentability under Australian patent law; the requirements for patent specifications; the concept of inventorship and ownership of patents; and patent infringement and defences. Although the unit of study emphasises legal doctrine and is taught from the perspective of a relatively depoliticised formalism, it is also recognised that the deployment and the regulation of intellectual property inevitably have substantial cultural and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, pharmaceutical patents are both valuable assets to their owners, who accordingly demand extensive legal protection for those assets, and also the target of vigorous criticism in the developing world for the patents' potentially detrimental effect on public health in relation to, inter alia, HIV. There will, accordingly, be some attention paid in this unit to the cultural and economic consequences of intellectual property laws, to the significance of access to the public domain and to the effects of international trade pressure in the area.

Unit details and rules

Unit code LAWS5179
Academic unit Law
Credit points 6
Prohibitions
? 
LAWS3472 or LAWS3033 or LAWS3479
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Fady Aoun, fady.aoun@sydney.edu.au
Guest lecturer(s) William Gummow, william.gummow@sydney.edu.au
Type Description Weight Due Length
Final exam hurdle task Final take-home exam
Written take-home exam
0% Formal exam period 2.5+ hours
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment hurdle task Research essay
Research Essay
0% Mid-semester break
Due date: 16 Apr 2020 at 16:00
4500 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

  • Research essay: Thi assessment is optional. If this assessment is attempted, it will account for 50% of the total grade. Students who wish to submit a research essay have two options: they may select a research question devised by the lecturer or they can elect to write a research essay on a topic they devise. However, for the latter option, students must prepare a detailed research proposal. Students may not submit an essay without prior approval of their proposal.
  • Final 3 hour take-home exam: This assessment is compulsory. If the research essay has not been attempted, the final take-home exam will account for 100% of the total grade. If the research essay is attempted, the final take-home exam will account for 50% of the total grade.

A student must make a satisfactory attempt at all assessment tasks set out for this unit of study in order to pass this unit. 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

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

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:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

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.

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.

WK Topic Learning activity Learning outcomes
Week 01 1. Introduction to and justifications for intellectual property; 2. The international system; 3. Trade mark theory Seminar (2 hr)  
Introduction to the registered trade marks system: justifications and processes Seminar (2 hr)  
Week 02 Absolute grounds of refusal 1 Seminar (2 hr)  
Absolute grounds of refusal 2 Seminar (2 hr)  
Week 03 Relative grounds of refusal 1 Seminar (2 hr)  
Relative grounds of refusal 2 Seminar (2 hr)  
Week 04 Trade mark infringement Seminar (2 hr)  
Loss of trade mark rights and exploitation of trade marks Seminar (2 hr)  
Week 05 Passing off 1 Seminar (2 hr)  
Passing off 2 Seminar (2 hr)  
Week 06 Introduction to patents: registration process and the patent specification Seminar (2 hr)  
Patentable subject matter: general Seminar (2 hr)  
Week 09 Patentable subject matter - special topics Seminar (2 hr)  
Patent criteria - the s 18 grounds 1 Seminar (2 hr)  
Week 10 Patent criteria - the s 18 grounds 2 Seminar (2 hr)  
1. Patent criteria: the disclosure and claiming requirements; 2. Patent ownership Seminar (2 hr)  
Week 11 Patent exploitation and patent strategy Seminar (2 hr)  
Patent infringement Seminar (2 hr)  
Week 12 Other systems of protection Seminar (2 hr)  
Revision and Past Examination Review Seminar (2 hr)  

Attendance and class requirements

  • Attendance: See Canvas for details. 
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

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

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • David Price, Colin Bodkin, and Fady Aoun, Intellectual Property: Cases and Materials, ThomsonReuters, 6th ed, 2017 (PBA).

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.

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

  • LO1. Understand the structure of the Australian registered trade mark system, and the regulation of unregistered trade marks, their economic and social rationales, and the legal institutions which support them
  • LO2. Understand the structure of the Australian patent system, its economic and social rationales, and the legal institutions which support it
  • LO3. Understand the nature of the international trade mark and patent systems and how they impact on Australian law.
  • LO4. Understand and be able to apply the law relating to trade marks (including passing off) and patents in Australia
  • LO5. Analyse content-specific legal problems effectively and apply legal method to present appropriate legal advice clearly and succinctly both orally and in writing
  • LO6. Further develop case analysis and statutory interpretation skills as they relate to the Trade Marks Act 1995 (Cth), Patents Act 1990 (Cth), and the Australian Consumer Law and attendant cases
  • LO7. Further develop critical research and essay writing skills, especially in developing a critical argument supported by appropriate research.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

Minor changes to the essay submission process (eg requiring an outline and first draft) has been included in response to student feedback

More information can be found on Canvas.

Additional costs

There are no additional costs for this unit.

Site visit guidelines

There are no site visit guidelines for this unit.

Work, health and safety

There are no specific WHS requirements for this unit.

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.