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

Part B: Course Detail

Teaching Period: Term2 2020

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: Callie Harvey

Course Contact Phone: +61 3 9925 5772

Course Contact Email: callie.harvey@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Eugene De'Grey

eugene.de.grey@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 Collaborate Ultra session 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 Collaborate Ultra session 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.

We expect you to participate and contribute in all scheduled learning activities.

 

This course will be delivered via our existing learning management system, Canvas.  This means that, for the foreseeable future, there will be no face-to-face classes in any of the units for which you are enrolled.

Classes in each of your units will still take place in their normal scheduled time-slots, but instead of being conducted in a face-to-face mode, your teachers will utilise the Collaborate Ultra platform to deliver ‘live’ online classes.  These classes delivered online will not only provide you with the required learning materials for those sessions, but they will also enable interactions with your teachers and fellow students via forums or discussion boards.

This course guide contains information that describes course aspects that don’t change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.


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/Canvas
  • 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.

 

Course Guide/Schedule: MKTG 7885 Research the application of intellectual property & business law, Semester 2, 2020                  

Week

Topic

Readings and Activities (provided in relation to each topic in canvas)

Assessment

Week 1

July 6

 

Introduction & overview to course 

Insurance

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014)pp582 – 591, or (Wiley 4th ed, 2017) pp 658 - 591

plus material provided in canvas 

Assessment Task 1 Available

Week 2

July 13

Insurance

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014)pp582 – 591, or (Wiley 4th ed, 2017) pp 658 - 591

plus material provided in canvas 

 

Week 3

July 20

 

Negotiable Instruments

Reading: Chapter 20 'Negotiable instruments and electronic funds transfer' 2012 in Vickery, Roger & Flood, MaryAnne, Australian business law : compliance and practice, 7th edition, Pearson Australia, Frenchs Forest, N.S.W. , pp. 377-389.

plus material provided in canvas 

 

Week 4

July 27

Intellectual Property Rights within the Australian Legal System

Copyright

Reading: James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 437-455, (Wiley 4th ed, 2017) pp 467-485

plus material provided in canvas 

Assessment Task 1 due - Case Study Assignment 

Elements - 1 & 2

You will receive feedback in week 6

Week 5

August 3

Copyright

 

 

 

Reading: James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 437-455, (Wiley 4th ed, 2017) pp 467-485

plus material provided in canvas 

 

 Assessment Task 2 Available

Week 6

August 10

Patents

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 466-474, or (Wiley 4th ed, 2017) pp 496 -503

plus material provided in canvas 

 

Week 7

August 17

Patents

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 466-474, or (Wiley 4th ed, 2017) pp 496 -503

plus material provided in canvas 

 

Week 8

August 24

Trade Marks

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 455-466, or (Wiley 4th ed, 2017) pp 486 - 496

plus material provided in canvas 

Assessment Task 2 due -Intellectual Property Rights Assignment

Elements - 4, 5, 9

You will receive feedback in week 10

 

 

Mid Semester Break

 

Week 9

September 7

Trade Marks

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 455-466, or (Wiley 4th ed, 2017) pp 486 - 496

plus material provided in canvas 

 Assessment Task 3A & 3B Available

 

Week 10

September 14

Misleading and Deceptive Conduct

Reading: James,N. Business Law (Wiley 3rd ed 2014) ch8 p362-430, (Wiley 4th ed 2017) ch11p392-398, 404-407, 417-420

plus material provided in canvas 

 

Week 11

September 21

Passing off 

Confidential information

Reading: James, Nicholas, Business Law (Wiley 4th ed 2017) pp 494-495, 507-508

plus material provided in canvas

 

Week 12

September 28

Design

Reading:James, Nicholas, Business Law (Wiley 3rd ed, 2014) pp 474-477, or (Wiley 4th ed, 2017) pp 503 - 506

plus material provided in canvas  

 

Week 13

October 5

Revision

 

 

Week 14 

October 12

Assessment Work

 

Assessment Task 3 A and 3 B due - Case Study Assignment

Elements - 3, 6, 7, 8

You will receive feedback in week 16

Week 15 

October 19

Resubmissions

 

 

Week 16

October 26

Resubmissions

 

 

Week 17

November 2

Grade Entry

 

 

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


References


Other Resources

Recommended Text:- James, Nickolas, Business Law (Wiley 3rd ed, 2014) or (Wiley 4th ed, 2017) - Available via Canvas

Additional resources will be provided via Canvas.

 


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

You are required to complete 3 assessment tasks.  You must successfully (satisfactorily) complete all tasks satisfactorily to be deemed competent in this course.

 

Assessment Task 1 (Due Date: End of week 4 and feedback for this assessment task will be provided in week 6)

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 a related case study.

 

Assessment Task 2 (Due Date: End of week 8 and feedback for this assessment task will be provided in week 10)

The purpose of this task is to assess your knowledge of intellectual property rights within the Australian legal system, the principles, aims, provisions and law relating to copyright and patents. In addition, you will apply your understanding of these areas of the law relating to a case study.

 

Assessment Task 3A & 3B (Due Date: End of week 14 and feedback for this assessment task will be provided in week 16)

The purpose of task 3A is to assess your knowledge of the principles, aims, provisions and law relating to misleading and deceptive conduct and false and misleading representations, trademarks and passing off. In addition, you will apply your understanding of the law relating to these areas to a case study.

The purpose of task 3B is to assess your knowledge of the principles, aims, provisions and law relating to designs and confidential information. In addition, you will apply your understanding of the law relating to these areas to a case study.

 


Assessment Matrix

The competency assessment map that maps all the assessment tasks is available on Canvas.

 

Other Information

 

Submission Requirements

  • Ensure that you submit assessments on or before the due date.
  • 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 the Assessment task document that includes a declaration and statement of authorship.
  • 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.

 

Resubmissions (VET Programs)

If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission.  Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission.

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.

 

Penalties for Late Submission 

Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).

 

Extensions, Special Consideration and Adjustment to Assessments

Extensions:

Extensions are available for unforeseen circumstances of a short-term nature.

An application form must be submitted to the school at least one working day before the due date of the assessment.

Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)

 

Special consideration:

Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.

An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date

For more information, see the Special Consideration page of the RMIT website.

 

Adjustments to Assessment:

RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.

 

Changes to the Assessment Scheme

Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.

 

Feedback

You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.

 

Academic Integrity and Misconduct

Students demonstrate academic integrity in their assessment practices by:

  • engaging with assessment activities in an honest way;
  • providing accountability for the authorship and originality of work submitted;
  • acknowledging the work of others and the re-use of original work.

Academic misconduct is addressed in accordance with the Student conduct policy

Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.

For further information see the Academic Integrity website.

 

Review and Appeal

A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.

 

Grade Criteria

You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.

The following grades are available for this course.

Vocational education grades:

CA - Competency Achieved

NYC - Not Yet Competent

DNS - Did Not Submit for assessment

 

Course Overview: Access Course Overview