Course Title: Business and Intellectual Property Law

Part B: Course Detail

Teaching Period: Term2 2011

Course Code: LAW5135

Course Title: Business and Intellectual Property Law

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Robyn Lang

Course Contact Phone: +61 3 9925 1565

Course Contact Email:robyn.lang@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Judy Dredge (Sessional Teacher)   judith.dredge@rmit.edu.au

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]
LAW5043 Law of Contract [VBM895]

Course Description

This module covers insurance law, negotiable instruments, misleading and deceptive conduct, false or misleading representations, the law of agency, the law relating to copyright, industrial and intellectual property rights and the common law, trademarks and designs, passing off and confidential information, and the law of patents and inventions.

If you are undertaking this course in Melbourne from semester 2, 2012 onwards your teacher will advise you if you require access to a computer for the course. It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM912 Business and Intellectual Property Law


Learning Outcomes


1. Describe the main features of the basic common law and legislative controls in the law of insurance.
2. Using a case study, evaluate the essential characteristics of the law in relation to negotiable instruments.
3. Evaluate the nature and meaning of the legislative controls against engaging in misleading and deceptive conduct, and false and misleading representations.
4. Describe the common law as to agency and the rights, duties and obligations of the parties.
5. Evaluate the main legislative provisions giving copyright protection, materials which may be the subject of a copyright, and remedies for a breach.
6. Evaluate the common law interpretation of proprietary rights in intellectual and industrial property and the remedies available to the aggrieved party at common law for an infringement of the right to intellectual and industrial property.
7. Evaluate the main provisions of the Trade Marks Act, the Designs Act, the system of registration required under each Act and, breaches of the Designs and Trade Marks Acts.
8. Evaluate the nature and characteristics of both passing off and confidential information.
9. Evaluate the main provisions of the Patents Act, the system of registration, the types of inventions that may be subject to registration and the protection afforded by registration.


Details of Learning Activities

Students will study the principles of Business Law and Intellectual Property Law in class sessions, practical sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of the application in the real world and simulated environments.


Teaching Schedule

Week beginning Topic Assessment
Week 1 – 4 July Insurance Class particpation 10%
Week 2 –11 July Insurance 
Week 3 – 18 July Negotiable instruments 
Week 4 – 25 July Negotiable instruments 
Week 5 – 1 Aug Agency 
Week 6 –8 Aug Agency 
Week 7 –15 Aug Class Test (1) Class Test 35%
1.5 Hours Open Book
Week 8 – 22 Aug Misleading and Deceptive Conduct 
29 Aug -2 Sept Mid Semester Break (Student Vacation)  
Week 9 -5 Sept Practical Placement  
Week 10 – 12 Sept Practical Placement 
Week 11 – 19 Sept Misleading and Deceptive Conduct 
Week 12 –26 Sept  Trademarks/ Passing Off 
Week 13 – 3 Oct Copyright Assignment Due 15%
Week 14 –10 Oct Patents 
Week 15 –17 Oct Design 
Week 16 –24 Oct Class Test (2) Class Test 40%
2 Hours Open Book
Week 17-31 Oct Feedback 

The total number of scheduled hours of teaching, learning and assessment involved in this course will include all planned activities. This may incorporate face-to-face classes, lectures, workshops and seminars; wherever possible workplace visits, online learning and other forms of structured teaching and learning. The total scheduled hours includes the amount of effort required to undertake, evaluate and complete all assessment requirements, including observation of work performance, discussions with supervisors and others providing third party evidence and one on one and group assessment sessions with students.


Learning Resources

Prescribed Texts

Andy Gibson and Douglas Fraser Business Law 4ed (Pearson/Prentice Hall)


References


Other Resources

Blakeney & McKeogh Intellectual Property, Commentary and Materials, Law Book Co., Australia
Clark & Sweeney, Marketing and the Law Butterworths, Australia
Gibson & Fraser, Commercial Law Addison Wesley Longman
Gilles, P, Business Law Federation Press
Golvan An Introduction to Intellectual Property Law, Federation Press, Australia
Guidebook to Australian Trademark Law and Practice, CCH
Lahore, J., Intellectual Property in Australia
Latimer, Australian Business Law CCH, Australia
Old Inventions, Patents, Brands and Designs, Patent Press
Turner, Australian Commercial Law Lawbook Co
Vermeesch and Lindgren, Business Law of Australia, Butterworths, Australia

Cheques Act 1986 (Cth)
Copyright Act 1968 (Cth)
Designs Act 2003 (Cth)
Insurance Contracts Act 1984 (Cth)
Patents Act 1990 (Cth)
Trade Marks Act 1995 (Cth)
Trade Practices Act 1974 (Cth)


Overview of Assessment

Assessment will consist of written tests and an assignment.


Assessment Tasks

Assessment will be by means of:

Class Participation 10%
Research Assignment 15%
Class Test 1 (open book) 35%
Class Test 2 (open book) 40%
Total 100%

To pass this course, students must satisfactorily complete all assessment and have a total mark of not less than 50%.


Assessment Matrix

Learning OutcomeClass ParticipClass Test. (1)Research AssignmentClass Test. (2)
Describe the main features of the basic Common Law and Legislative controls in the law of insurance X X  
Using a case study, evaluate the essential characteristics of the law in relation to Negotiable Instruments. X X  
Evaluate the nature and meaning of the legislative controls against engaging in misleading and deceptive conduct, and false and misleading representations X  X X
Describe the Common Law as to agency and the rights, duties and obligations of the parties. X X  
Evaluate the main legislative provisions giving copyright protection, materials which may be the subject of a copyright, and remedies for a breach. X   X
Evaluate the Common Law interpretation of Proprietary rights in intellectual and industrial property and the remedies available to the aggrieved party at common law for an infringement of the right to intellectual and industrial property. X   X
Evaluate the main provisions of the Trade Marks Act, the Designs Act, the system of registration required under each Act and, breaches of the Designs and Trade Marks Acts. X   X
Evaluate the nature and characteristics of both passing off and confidential information.  X   X
Evaluate the main provisions of the Patents Act, the system of registration, the types of inventions that may be subject to registration and the protection afforded by registration. X   X

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