Outline

Overview

This introductory unit is designed for students who have not previously undertaken any formal study of Intellectual Property. The unit will cover the fundamentals of law and theory in the main areas of contemporary intellectual Property copyright patents and trademarks. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS6854 or LAWS3480 or LAWS3479 or LAWS5180 or LAWS5179
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Fady Aoun, fady.aoun@sydney.edu.au

Type	Description	Weight	Due	Length
Participation	Structured Class Participation (10%) Participation	10%	Ongoing	Ongoing
Outcomes assessed:
Small continuous assessment	Seminar quizzes (30%) Short quizzes	30%	Ongoing Closing date: 05 Sep 2024	3 quizzes, 25 minutes each
Outcomes assessed:
Short release assignment	Short-Release Problem Based Assessment (60%) Assignment	60%	Week 08 Due date: 20 Sep 2024 at 17:00 Closing date: 25 Sep 2024	4500 words / 8 working days
Outcomes assessed:

Assessment summary

Structured Class Participation (10%)

This includes demonstrable preparation for seminars, asking and answering questions in class, contributions to general discussion and contributions to small group tasks. Students will be placed “on call” for various sessions and are expected to have read the assigned material, speak to that assigned material in class, and be able to answer questions from the Unit Coordinator. These contributions are targeted towards students demonstrating knowledge and a basic understanding of key IP concepts and relevant laws (LO1 and LO2) as well as critically analysing and evaluating those principles, legislative rules and policy considerations (LO4) and conveying and/or applying those IP principles orally and/or in writing (LO5). This also includes a self-assessment component, encouraging student self-reflection on their own learning in the unit.

Seminar Quizzes (30%)

Beginning in the second week, viz 15 August 2024, there will be three in-class 25 minute quizzes designed to assess student understanding of key IP concepts and relevant laws (LO1 and LO2) as well as critically analysing and evaluating those principles, legislative rules and policy considerations (LO4) and conveying and/or applying those IP principles (including legislative provisions and case law) in writing (LO5). The format of the quizzes will be determined by the unit coordinator, either online via Canvas or handwritten pen to paper. The final 30% mark will be awarded for the best mark received in the completed quizzes, i.e. the best result will count towards the final grade. Special Consideration may be made only if all three quizzes are missed. Successful grants of Special Consideration may involve an alternate assessment task at the discretion of the unit coordinator, including a viva voce (oral) assessment.

Short-Release Problem Based Assessment (60%)

The problem-based assessment includes a mix of problem question(s) and may contain some short answer/essay question(s). This assessment requires you to write a 4500-word (excluding non-discursive footnotes) response to a problem question and/or attendant short answer/essay question(s). This assessment will be released at 5pm on 9 September 2024 and is due by 5pm on 20 September 2024 (Sydney, Australia time).

By answering content-specific legal problems through appropriate legal advice (LO4), this problem based assessment requires students to demonstrate an understanding of (LO1-2) and critically analysing and evaluating (LO3) relevant Intellectual Property concepts, legislation and policy. In so doing, students are expected to convey their knowledge, understanding, and analyses of IP principles and policy (LO5) as well as apply the skills of case analysis and statutory interpretation (LO6) developed in the unit of study.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of 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 all non-discursive footnotes and any bibliography (if required).

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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 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 allocated to the piece of assessment per calendar day or part thereof. For example, if your assignment is due on Friday, at 5pm and you submit your paper at 5.10pm on the same day, you will be penalised 10%. Similarly, if you submit your paper on Friday at 11.59pm, you will be penalised 10%. However, if you submit your paper at 12am on Saturday, you will be penalised 20%.

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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 02	Day 1: Copyright. Topic 1: Introduction to Intellectual Property. Topic 2: The Nature of Copyright & Related Rights.	Seminar (5.2 hr)
Week 03	Day 2: Copyright. Topic 3: The Subsistence of Copyright. Topic 4: The Infringement of Copyright	Seminar (5.2 hr)
Week 04	Day 3: Copyright Topic 5: The Copyright - Design Overlap Topic 6: Protecting Confidential Information and Commercialising Intellectual Property Day 3: Trade Marks Topic 1: Introduction to Trade Marks and Trade Mark Theory	Seminar (5.2 hr)
Week 05	Day 4: Trade Marks Topic 2: Trade Mark Registration Process; Ownership; Absolute Grounds of Refusal ; Relative Grounds of Refusal; Removal from Register. Topic 3: Trade Mark Infringement & Remedies	Seminar (5.2 hr)
Week 06	Day 5: Trade Marks Topic 4: The Law of Unregistered Trade Marks (Passing Off) & Misleading & Deceptive Conduct (ACL) Introduction to Patents; the Patent Specification; Patentable Standards; & Patentable Subject Matter	Seminar (5.2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

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

1. Legislation

As the rights you will be studying are creatures of statute, you will need to acquire the relevant legislation for each section of the unit of study. The legislation is usefully collected in the LexisNexis Butterworths Intellectual Property Collection 2023.

Students may choose to obtain access to the legislation via https://www.legislation.gov.au/ or www.austlii.edu.au.

2. Required texts:

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

William van Caenegem, , Judith Bannister, and Charles Lawson, Adam Liberman, and Andrew Stewart, Australian Intellectual Property Law, 7th ed., LexisNexis Butterworths, 2022 (‘VCBLLS’).

Please note that the cases listed in the reading guide which will be available on Canvas are also available electronically through the Law Library’s databases. Many are available on www.austlii.edu.au, and where possible I have tried to hyperlink important cases or set them out in the reading materials.

3. Reading Materials

Reading materials can be downloaded from the unit LMS site. In order to access online reading materials, it is essential that you are officially enrolled in the unit and have a current student card.

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. Demonstrate knowledge and understanding of the key concepts and principles of intellectual property law
LO2. Demonstrate knowledge and understanding of the legislation and policy in the core areas of intellectual property law
LO3. Critically assess and evaluate the principles, legislative rules, and policy in core IP areas
LO4. Apply IP principles, rules, and policies and legal method to new situations and formulate appropriate legal advice that can be communicated both orally and in writing to specialist and lay audiences.
LO5. Apply case analysis and statutory interpretation skills relevant to IP law including the Copyright Act 1968 (Cth), Designs Act 2003 (Cth), Trade Marks Act 1995 (Cth), Patents Act 1990 (Cth), and Australian Consumer Law and attendant cases.
LO6. Apply relevant legal research methodologies, especially in developing sound, critically reasoned arguments supported by appropriate primary and secondary scholarly sources.

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.

Assessment has been updated.

Additional information

Note, I cannot change the Unit description blurb on Sydney Student (it is restricted) in the Learning Outcomes tab but it should read:

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

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

Support for students

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

On this page

Useful links

LAWS6873: Principles of Intellectual Property

Semester 2a, 2024 [Block mode] - Camperdown/Darlington, Sydney

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

Support for students

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

On this page

Useful links