Course Title: Research the application of intellectual property and business law

Part B: Course Detail

Teaching Period: Term2 2017

Course Code: MKTG7885

Course Title: Research the application of intellectual property and business law

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Karen Ward

Location: 80.5.18.005

karen.ward@rmit.edu.au

 

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to apply particular areas of intellectual property and business law in order to support relevant operations of a legal office, private or public sector organisation or other area requiring a specialised knowledge of business and intellectual property law principles.

This unit supports the work of personnel engaged in the operation of a legal office or associated fields within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21648 Research the application of intellectual property and business law

Element:

1.Research and apply basic Common Law and legislative controls in the law of insurance

Performance Criteria:

1.1 Define an insurance contract and distinguish between a contract of insurance and a contract of assurance 1.2 Detail and apply the formation of an insurance contract 1.3 Identify and evaluate the general principles of insurance law 1.4 Distinguish between the types of insurance that exist and assess each in relation to the law 1.5 Evaluate and apply the contractual considerations required in the law of insurance 1.6 Evaluate and apply the effects of legislation upon insurance law

Element:

2.Research and apply the essential characteristics of the law in relation to negotiable instruments

Performance Criteria:

2.1 Define the terms negotiable instrument and negotiability 2.2 Distinguish between bills of exchange and cheques 2.3 Investigate and discuss the bank-customer relationship 2.4 Compare and contrast the types of cheques for application to practice 2.5 Analyse and evaluate the effects of crossing a cheque with reference to general crossings, not negotiable crossing and apply 2.6 Analyse and discuss the position of both the bank and customer if there are irregularities in respect to a cheque and apply to practice 2.7 Analyse and apply the circumstances where a bank's authority to pay on a cheque is revoked

Element:

3.Determine and apply the legislative controls against engaging in misleading and deceptive conduct, and false and misleading representations

Performance Criteria:

3.1 Define misleading and deceptive conduct and investigate the legal considerations that apply, including the standard for determining whether conduct is misleading and the relevant section of the public likely to be misled 3.2 Define false or misleading representation and determine the legal consequences that apply with reference to meaning of representation and types of representation prohibited 3.3 Analyse and evaluate the various penalties imposed and remedies available under the legislation, including specific remedy penalty

Element:

4.Identify and apply intellectual property rights within the Australian legal system

Performance Criteria:

4.1 Evaluate and apply intellectual property rights at Common Law 4.2 Research the development of intellectual property laws in Australia and debate for application to practice

Element:

5.Identify and apply the main legislative provisions for copyright

Performance Criteria:

5.1 Define the term copyright and identify and apply the provisions of the Copyright Act 5.2 Evaluate and discuss the International Convention on Copyright Law 5.3 Determine the application of copyright protection with reference to: • literacy, dramatic, musical and artistic works • sound recordings, films, broadcasts and published editions • computer programs 5.4 Identify and apply mechanics of obtaining copyright protection with reference to the meaning of substantial adaptation and proof of ownership or creation 5.5 Identify works eligible for copyright protection 5.6 Analyse and apply the duration of copyright in works, with reference to: • from date of publication • from date of death • other considerations 5.7 Assess the nature of infringements in relation to copyright and identify and discuss, for application, acts not constituting copyright infringement 5.8 Determine and apply the various remedies available when copyright is infringed

Element:

6.Identify and apply the main provisions of the Trade Marks Act

Performance Criteria:

6.1 Define the term trade mark and identify and apply the provisions of the Trade Marks Act and apply to a specific example 6.2 Identify and apply the process of registration required under the Trade Marks Act, including the effects of registration on creation of monopoly rights in holder and actions the holder may take for infringement 6.3 Analyse and apply the characteristic marks capable of registration under the Trade Marks Act with reference to a specific case 6.4 Analyse and apply the grounds for the rejection of a mark by the registrar and the grounds for opposition to a mark with reference to a specific case study 6.5 Analyse and apply the law relating to breaches of the Trade Marks Acts with reference to a specific case study 6.6 Distinguish the various remedies available for breaches of the Trade Marks Acts

Element:

7.Identify and apply the main provisions of the Designs Act

Performance Criteria:

7.1 Analyse the provisions of the Designs Act and apply to a specific example 7.2 Identify and apply the process of registration required under the Design Act and apply these to a specific example, including the effects of registration on creation of exclusive rights of the owner and actions owner may take 7.3 Analyse the designs capable of registration under the Designs Act and apply with reference to a specific example 7.4 Analyse a breaches of the Designs Acts, with reference to specific case studies, including the various remedies available for breaches 7.5 Analyse the overlap between the provisions of the Designs Act and the Copyright Act

Element:

8.Identify and apply passing off and confidential information

Performance Criteria:

8.1 Define the nature and characteristics of the term passing off and apply to the relevant tort 8.2 Investigate the expansion of the tort, including actions applicable to get up and character merchandising 8.3 Define and apply the main remedies for passing off 8.4 Compare and contrast actions based on Australian Consumer Law with passing off and infringements of trade marks and debate for application to practice 8.5 Define the term confidential information, and examine and apply this Common Law duty 8.6 Assess the requirements for proving a breach of confidentiality and identify and apply the relevant remedies for breach of confidentiality

Element:

9.Identify and apply the main provisions of the Patents Act

Performance Criteria:

9.1 Analyse the provisions of the Patents Act and apply to a specific example 9.2 Compare and contrast standard and innovation patent 9.3 Outline the characteristics of the system of registration under the Patents Act and identify and apply protection given by registration 9.4 Identify and distinguish the types of inventions that may be the subject of a patent by reference to specific examples 9.5 Evaluate and apply the remedies and defences relating to breaches of the Patents Act


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment. We expect you to participate and contribute in all scheduled learning activities.


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change).

Week Beginning

 Topic

 Assessment

Week 1 –  3 July

Course Overview
Insurance

 

Week 2 – 10 July

Insurance

 

Week 3 – 17 July

Negotiable Instruments

 

Week 4 – 24 July

Misleading and Deceptive Conduct

 

Week 5 – 31 July

Misleading and Deceptive Conduct

Assessment Task 1 due - Research & Case Study Assignment - Insurance Law and Negotiable Instruments

Week 6 – 7 Aug

Copyright

 

Week 7 - 14 Aug

Copyright

 

Week 8 – 21 Aug

Trade Marks/Passing Off/ Confidential Information

Assessment Task 2 due - Research & Case Study Assignment - Misleading & Deceptive Conduct

 

Mid-semester break 28 Aug - 1 Sept inclusive

 

Week 9 – 4 Sep

Trade Marks/Passing Off/ Confidential Information

 

Week 10 – 11 Sept

Patents

 

Week 11 – 18 Sept

Patents

 

Week 12 – 25 Sept

Design

Course Experience Survey to be completed

Week 13 – 2 Oct

Revision

 

Week 14 – 9 Oct

 

Assessment Task 3

Case Studies under open book test conditions

Week 15 – 16 Oct

Re-submission Assessment Task 3 &  Feedback

 

Week 16 – 23 Oct

Re-submission Assessment Task 3

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts

Nickolas James, Business Law (Wiley, 3rd ed. 2014) *Retained from last semester*


References


Other Resources


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of basic Common Law and legislative controls in insurance law and the application of negotiable instruments in a case study
• knowledge of legislative control against engaging in misleading and deceptive conduct, and false or misleading representation
• interpreting intellectual property rights and its functions within the Australian legal system
• evaluating the main provisions of Copyright protection, Trade Marks and Design Acts, the registration systems and the remedies for breaches
• investigating the passing off and confidential information
• evaluation of the main provisions of the Law of Patents and Inventions including the registration system and the protection afforded

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.


Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

Assessment Task 1 - Case Study Assignment – Insurance Law & Negotiable Instruments - The purpose of this task is for you to apply your understanding of insurance law in a practical way to a case study. You will read a real life insurance ‘Product Disclosure Statement’ and apply to this your knowledge of insurance law to answer legal problems. In addition you will apply your understanding of the law relating to ‘negotiable instruments’ to related case studies.

Assessment Task 2 - Research & Case Study Assignment - Misleading & Deceptive Conduct – Businesses Behaving or Behaving Badly - The purpose of this task is to develop your understanding of the law in relation to misleading and deceptive conduct / false or misleading representations under the Australian Consumer Law (ACL) through you identifying and analysing one example / one case study according to the law. 

Assessment Task 3 – Case studies based assessment task conducted under supervised open book test conditions - The purpose of this task is to assess your understanding of the law through your ability to apply the law to case studies and to questions posed.


Assessment Matrix

Other Information

Submission Requirements

You should:

  • Ensure that you submit assessments on or before the due date.
  • Always retain a copy of your assessment tasks (both hard copy and soft copy).
  • Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
  • Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Kelly Hervey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.

Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions (VE Programs):

You must satisfactorily complete all assessment tasks in order to achieve competency.

If an assessment task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission within the current semester.

If your resubmission is deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.

If your resubmission is deemed satisfactory then you may still achieve competency for the course, provided that all other assessment tasks are satisfactorily completed. Further, if this satisfactory resubmission is of a task that contributes to the overall grading of this course, then it shall only be entitled to receive a score that equates to 50% of the total marks allocated for that task.

Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31

Marking Guide (Competency)

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying.

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.

Marking Guide (Grading)

This course is graded. However, only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:

 CHD

 Competent with High Distinction

 CDI

 Competent with Distinction

 CC

 Competent with Credit

 CAG

 Competency Achieved – Graded

 NYC

 Not Yet Competent (all assessment tasks submitted)

 DNS

 Did Not Submit (one or more assessment tasks not submitted)

Further details regarding the application of the grading criteria will be provided by your teacher.

Course Overview: Access Course Overview