Course Title: Intellectual property and business law

Part B: Course Detail

Teaching Period: Term2 2014

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

Karen Ward (Teacher and Co-ordinator)
Email:  karen.ward@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

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

A range of learning experiences are planned for this course including class and online activities, group problem solving and group debates.


Teaching Schedule

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:
  o Recognition of Prior Learning and Credit Transfers
  o 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 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.

Week

Date

Topics

Assessment Tasks

17th July

Introduction to the Course including:
• Course requirements
• Course support documents
• Course Blackboard access
• Accuracy of enrolment
• Assessment requirements/Cover Sheets
• Plagiarism
• Appeals
• Submission requirements
• Extensions/Resubmissions
• Feedback in this course
• Getting help

Course Overview (Learning outcomes 1-9)
Insurance (L.O. 1)

 
214th July Insurance (L.O. 1) 
321st July

 Negotiable Instruments (L.O. 2)

 

428th July Negotiable Instruments (L.O. 2)  
 
54th AugMisleading and Deceptive Conduct (L.O. 3) 
611th Aug

Misleading and Deceptive Conduct (L.O. 3)
 

 

718th  Aug Revision (L.O. 1-3) 
825th Aug Class Test (1) Class Test 1 covering L.O. 1-3 (40% of total mark) 1hr & 50 min duration. Open book.
   1-7 September -  Mid Semester break
98th Sep

 Trade Marks/Passing Off/ Confidential Information (L.O. 1, 6, 8)

 
1015th Sep

 Copyright (L.O. 5)

 

1122nd Sep

 Copyright (L.O. 5)

 Research Assignment covering L.O. 3 (15% of total mark) - hardcopy to be handed in at start of class in week 11 (also to be submitted via Turnitin)

1229th Sep

 Patents (L.O. 9)

 

136th Oct

 Patents (L.O. 9)

 
1413th OctDesign (L.O. 7)
 
 
1520st Oct

Design (L.O. 7)

Revision (L.O. 4-9)
 

 
1627th Oct Class Test 2  Class Test 2 covering L.O. 4-9 (45% of total mark) 2 hr & 10 min duration. Open book.


Learning Resources

Prescribed Texts

Barron Margaret Fundamentals of Business Law (McGraw Hill,7ed 2012)


References

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
Vickery & Flood Australian business Law, Pearson 7ed 2012 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)
 


Other Resources

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.


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

To demonstrate achievement of the learning outcomes in this course the following evidence is essential:

• Knowledge of Intellectual Property and Business Law relating to copyright, trademarks and design
• analysing basic Common Law and legislative controls in the Insurance Law and the application of Negotiable Instruments in a case study
• evaluating legislation 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
• examining 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
• evaluating the main provisions of the Law of Patents and Inventions including the registration system and the protection afforded

In order to pass this course you must successfully complete all assessments and have a total mark of not less than 50%

Assessment Task 1 - Research Assignment - 15%
Due Date: week 11

Submission Procedure: hand in hard copy to teacher at start of class week 11 (and submit via turnitin)

The purpose of this assessment is to test learning outcome 3 - Relating to misleading and deceptive conduct, and false and misleading representations.

Assessment Task 2 - Test 1 - 40%
Due Date: week 8
Submission Procedure: in class supervised open book test (1 hr 50 min)

The purpose of this assessment is to test learning outcomes 1-3 - Relating to the law of insurance, negotiable instruments, misleading and deceptive conduct, and false and misleading representations.

Assessment Task 3 - Test 2 - 45%
Due Date: week 16
Submission Procedure:in class supervised open book test (1 hr 50 min)


The purpose of this assessment is to test learning outcomes 4-9 - Relating to Trademanrks, Patents, Designs, passing off and confidential information.

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

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


Assessment Matrix

Marking Guide:

You will receive feedback on each assessment task that will inform you how well you are performing.

Please refer to the Final Grades table below:

80-100HDHigh Distinction
70-79DIDistinction
60-69CRCredit
50-59PAPass
0-49NNFail
DNSDNSDid Not Submit for assessment
 

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

Other Information

Submission Requirements

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 extensions of time. (Please refer to the information in the Late Submission Procedure section below)
   • If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• 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 a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.

Late Submission Procedures

If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
  More Information: http://www.rmit.edu.au/students/assessment/extension
  Form to use: 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.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf

Resubmissions:
If you fail an assessment  you will be allowed one resubmission only.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass.  If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.

Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment.  For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41

Course Overview: Access Course Overview