Course Title: Intellectual property and business law

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5199

Course Title: Intellectual property and business law

School: 650T TAFE Business

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

Course Contact : Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email:doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

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

Pre-requisites:  VU20111 Legal Process and VU20108 Law of Contract

Course Description

The purpose of this module is to provide detailed skills and knowledge in particular areas of intellectual property and business law relevant for a person engaged in the operation of a legal office, private or public sector organisation or other area requiring a specialised knowledge of business and intellectual property law principles.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20123 Intellectual property and business law


Learning Outcomes


Upon successful completion of this course you will be able to:

Learning Outcome 1 - Describe the main features of the basic Common Law and Legislative controls in the law of insurance.
Assessment criteria
1.1 Define an Insurance contract, and distinguish between a contract of insurance and a contract of assurance.
1.2 Illustrate and detail by use of examples or case studies, 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 the contractual considerations required in the law of insurance and apply these to a specific example.
1.6 Evaluate the effects of legislation upon insurance law by use of a relevant example or case study analysis.

Learning Outcome 2 - Using a case study, evaluate the essential characteristics of the law in relation to Negotiable Instruments.
Assessment criteria
2.1 Define the terms ‘negotiable instrument’ and ‘negotiability’.
2.2 Distinguish between bills of exchange and cheques
2.3 Investigate the bank-customer relationship and analyse with reference to a specific example.
2.4 Compare and contrast the types of cheques.
2.5 Analyse and evaluate the effects of crossing a cheque with reference to general crossings, not negotiable crossing by use of case example analysis.
2.6 Analyse and evaluate the position of both the bank and customer if there are irregularities in respect to a cheque. Apply to a specific example.
2.7 Analyse and demonstrate by example, the circumstances where a bank’s authority to pay on a cheque is revoked.

Learning Outcome 3 - Evaluate the nature and meaning of the legislative controls against engaging in misleading and deceptive conduct, and false and misleading representations.
Assessment criteria
3.1 Define misleading and deceptive conduct and investigate the legal considerations that apply.
3.2 Interpret and analyse a relevant case study with reference to the meaning of misleading and deceptive conduct, standard of determining whether conduct is misleading and relevant section of the public likely to be misled.
3.3 Define ‘false or misleading representation’, and determine the legal consequences that apply with reference to meaning of representation and types of representation prohibited.
3.4 Analyse and evaluate the various penalties imposed and remedies available under the legislation. Analyse and compare a specific remedy penalty to a relevant case example.

Learning Outcome 4 - Evaluate the nature of intellectual property rights and their function within the Australian legal system.
Assessment criteria
4.1 Evaluate intellectual property rights at common law.
4.2 Evaluate the development of intellectual property laws in Australia.

Learning Outcome 5 - Evaluate the main legislative provisions giving copyright protection, materials which may be the subject of a copyright, and remedies for a breach.
Assessment criteria
5.1 Define the term ‘copyright’. Determine the provisions of the Copyright Act and apply to a specific example.
5.2 Evaluate the International Convention on Copyright Law.
5.3 Specify the areas in which copyright protection may exist, and apply an example of each. Distinguish between:
• Literacy, dramatic, musical and artistic works
• Sound recordings, films, broadcasts and published editions
• Computer programs
5.4 Evaluate mechanics of obtaining copyright protection by application to a relevant example 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 the duration of copyright in works, and apply examples in relation to:
• From date of publication
• From date of death
• Other considerations
5.7 Determine and assess the nature of infringements in relation to copyright with reference to a specific example.
5.8 Identify and provide examples of acts not constituting copyright infringement.
5.9 Determine the various remedies available when copyright is infringed. Apply and analyse the remedies to a particular situation and relevant case study.

Learning Outcome 6 - Evaluate the main provisions of the Trade Marks Act, the system of registration and breaches of the Trade Marks Act.
Assessment criteria
6.1 Define the term ‘trade mark’. Evaluate the provisions of the Trade Marks Act and apply to a specific example.
6.2 Identify the process of registration required under the Act and apply these to a specific example. Examine the effects of registration on creation of monopoly rights in holder and actions the holder may take for infringment.
6.3 Analyse the characteristic marks capable of registration under the Act. Analyse with reference to a specific example.
6.4 Analyse the grounds for the rejection of a mark by the Registrar and grounds for opposition to a mark with reference to specific case studies.
6.5 Analyse the law relating to breaches of the Trade Marks Acts with reference to specific case studies.
6.6 Distinguish the various remedies available for breaches of the Trade Marks Acts.

Learning Outcome 7 - Evaluate the main provisions of the Designs Act, the system of registration, the types of designs that may be subject to registration and the protection afforded by registration.
Assessment criteria
7.1 Analyse and evaluate the provisions of the Designs Act and apply to a specific example.
7.2 Identify the process of registration required under the Act and apply these to a specific example. Examine the effects of registration in relation to the creation of exclusive rights of the owner and owner may take action.
7.3 Analyse the designs capable of registration under the Act. Analyse with reference to a specific example.
7.4 Analyse breaches of the Designs Act with reference to specific case studies.
7.5 Analyse the overlap between the provisions of the Designs Act and the Copyright Act.
7.6 Distinguish the various remedies available for breaches of the Designs Acts.

Learning Outcome 8 - Evaluate the nature and characteristics of both passing off and confidential information.
Assessment criteria
8.1 Define the term ‘passing off’. Examine and evaluate the tort and apply to a specific example.
8.2 Investigate the expansion of the tort by analysing relevant case examples. Include actions over get up and character merchandising.
8.3 Define the main remedies for passing off, and examine with a specific example.
8.4 Compare and contrast actions based on S 52 of the Trade Practices Act with passing off and infringements of trade Marks.
8.5 Define the term ‘confidential information’, examine and evaluate this common law duty and apply to a specific example.
8.6 Assess the requirements for proving a breach of confidentiality.
8.7 Define the remedies for breach of confidentiality, and apply a specific remedy to a relevant case study.

Learning Outcome 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.
Assessment criteria
9.1 Analyse and evaluate the provisions of the Patents Act and apply to a specific example.
9.2 Compare and contrast the standard and Innovation patent.
9.3 Outline the characteristics of the system of registration under the Patents Act.
9.4 Identify and distinguish the types of inventions that may be the subject of a patent by reference to specific examples.
9.5 Use a specific example to analyse and evaluate protection given by registration.
9.6 Evaluate the remedies and defences relating to breaches of the Patents Act and apply to a specific example.


Details of Learning Activities

Students will study the principles of Intellectual Property Law and Business 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

WeekDate week begins                    TopicLearning Outcomes Assessment
Week 108 JUlyCourse Content and Overview  
Week 215Insurance1 
Week 322Insurance1 
Week 429Negotiable Instruments2 
Week 505 AugustNegotiable Instruments2 
Week 612Misleading and Deceptive Conduct3 
Week 719Misleading and Deceptive Conduct3 
Week 826Class Test (1) 

Class Test 40% 1.5 Hour Open book

  Mid Semester Break (Student Vacation) 

 

Week 909 SeptemberPractical Placement -No classes  
Week 1016Trade Mark4 and 6 
Week 1123Trade Marks/Passing Off/ Confidential Information4, 6 and 8 Research Assignment 15%
Week 1230Copyright4 and 5 
Week 1307 OctoberCopyright4 and 5

 

Week 1414Patents4 and 9 
Week 1521Design4 and 7 
Week 1628Class Test (2) Class Test 45%
2 Hours Open Book

The nominal hours associated with this 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

Andy Gibson and Douglas Fraser Business Law 5ed (Pearson/Prentice Hall)

In addition to the text extra reading material will be available on the learning hub.


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) 
Competition and Consumer Law 2010 (ACL) (Cth)


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks, for example: 

  • Case study analysis
  • Short answers questions
  • Written assignment/reports
  • Oral presentations
  • Project (s)

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant competency standards are being met.


Assessment Tasks

Assessment will be by means of: 

Assessment Task 1
Class Test 1 (open book) 40%

Assessment Task 2
Research Assignment 15%

Assessment Task 3
Class Test 2 (open book) 45%
Total 100%

You are required to complete 3 assessment tasks.
To pass this course students must attempt assessments as required which are graded upon submission by the class assessor.
Grading is weighted so that a mark of 50% is a passing grade.

Final Grades Table
0-49 Fail
50-59 Pass
60-69 Credit
70-79 Distinction
80-100 High Distinction
 

Submission Requirements
Assessment tasks need to be submitted via Blackboard. All assignments must be submitted through Turnitin. In order for timely feedback a hard copy must be submitted when requested.

You should:
• Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
• Always retain a copy of your assessment tasks. (hard copy and soft copy)
• When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. 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 declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
• Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Julie Macpherson, 324567, Task 1, LAW2199 Intellectual Property an Business Law, Page 1 of 10.
 


Assessment Matrix

Learning OutcomeClass Test. (1)Research AssignmentClass Test. (2)
Describe the main features of the basic Common Law and Legislative controls in the law of insurance X  
Using a case study, evaluate the essential characteristics of the law in relation to Negotiable Instruments. X  
Evaluate the nature and meaning of the legislative controls against engaging in misleading and deceptive conduct, and false and misleading representations X X 
Evaluate the nature of intellectual property rights and their function within the Australian legal system.  X
Evaluate the main legislative provisions giving copyright protection, materials which may be the subject of a copyright, and remedies for a breach.   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
Evaluate the main provisions of the Trade Marks Act, the system of registration and breaches of the Trade Marks Act.   X
Evaluate the main provisions of the Designs Act, the system of registration, the types of designs that may be subject to registration and the protection afforded by registration.  X
Evaluate the nature and characteristics of both passing off and confidential information.   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

Course Overview: Access Course Overview