730-335 Intellectual Property

Credit Points

Coordinator

Prerequisites

Torts and the Process of Law; History and the Philosophy of Law; Property.

Semester

Contact

Subject Description

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: origins, rationale, protectable subject-matter, nature of work, ownership, exploitation rights, infringement, defences and excuses, issues relating to computer technology. Trade Secrets: origins, conceptual nature, rationale, protectable subject-matter, components, third party liability, defences and excuses. Patents: origin, rationale, protectable subject-matter, recent reforms, concept of invention, exploitation rights, infringement, defences and excuses, issues relating to biotechnology. Designs: origin, rationale, protectable subject-matter, registrable designs, exploitation rights, infringement, defences and excuses, design/copyright provisions. Trade Marks: origins, rationales, protectable subject-matter, registrable trade marks, exploitation rights, infringement, defences and excuses, reform. Passing off: origins, conceptual basis rationale, protectable subject-matter, components. Misleading or Deceptive Conduct - application of ss 51A - 53 Trade Practices Act to misappropriation of business reputation, comparison with passing off, character merchandising.

Assessment

Either Research Assignment 7-8000 words (67%) and Final Exam 1 hours (33%); or Final Exam 3 hours (100%).

Prescribed Texts

• Ricketson, Intellectual Property: Cases, Materials and Commentary. Butterworths, 1994.