Handbook 1996 : Faculty of Law (Volume 3 page 219)
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Optional Law subject.
Prerequisite: Property Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing this course should: be familiar with the principles of Intellectual Property Law in the contemporary context; understand the reasons behind the law; understand the practical operation of the law; understand current problems with the law; and have an appreciation of possible future developments.
Content:
Introduction: definition of intellectual property, scope of the law, general rationales. Remedies: statutory and common law remedies available for infringement of intellectual property rights. Copyright: origin, rationale, protectible subject-matter, nature of work, ownership, exploitation rights, infringement, defences and excuses, issues relating to computer technology. Trade Secrets: origins, conceptual nature (equity or property), rationale, protectible subject-matter, components, third party liability, defences and excuses. Patents: origin, rationale, protectible subject-matter, recent reforms, concept of invention, exploitation rights, infringement, defences and excuses, issues relating to biotechnology. Designs: origin, rationale, protectible subject-matter, registrable designs, exploitation rights, infringement, defences and excuses, design/copyright provisions. Trade Marks: origin, rationale, protectible subject-matter, registrable trade marks, exploitation rights, infringement, defences and excuses, reform issues. Passing off: origin, conceptual basis (property?), rationale, protectible subject-matter, components, recent issues addressed in the Champagne cases. Misleading or Deceptive Conduct - application of s 51A - 53 Trade Practices Act to misappropriation of business reputation, comparison with passing off, character merchandising.
Assessment:
Either Research Assignment 5-6,000 words (50 per cent) and Final Exam 11/2 hours (50 per cent); or Final Exam 3 hours (100 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 219)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.