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     Subject Outline

Industrial Property Law: Trade secrets, designs, patents and trade marks - Subject Outline

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Back to: Subject Overview Page - LAWS77-432

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The information published in this document is intended as a guide as the University reserves the right to change its program offerings and subjects without notice.

Details
Faculty/School: Faculty of Law
Subject Code: LAWS77-432
Subject Title: Industrial Property Law: Trade secrets, designs, patents and trade marks
Prerequisites:
Subject Level: Postgraduate Subject
Semester/Year: January 2013
Credit Points: 15.000
Subject Description: This course is a specialised course in the area of industrial property law, which is part of the broader topic of intellectual property. This course legal issues relevant to technological and
product innovation, and to the legal protection of reputation. These areas of intellectual
property law play a role in sustaining and encouraging commerce and innovation in industry.
The areas covered are: patents (inventions), confidential information (trade secrets), designs, trade marks (common law and registered), and some industrial aspects of copyright
(technical drawings and 3D industrial articles).
 
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Contact
Contact Name: William Van Caenegem
Position: Professor
Telephone: +61 7 5595 2275
Email: wvancaen@bond.edu.au
Building / Level / Room: Building 4, Room 3_22
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Delivery & Attendance
Timetable: http://www.bond.edu.au/timetable
Mode of Delivery and
Teaching Schedule: 		Availability Details: Standard
The course elements are:
� One two hour lecture per week and one tutorial.
� For UG students, a written assignment on a topic set by the lecturer.
� For PG students, a written assignment of greater length on a topic of the student�s choice, as approved by the lecturer.
� A take-home examination at the end of the Semester.
NOTE: Guest lectures may be scheduled. Note also that in the January 2013 semester this subject is taught on a semi-intensive basis over a period of 8 rather than 12 weeks, with three hours of lectures per week.
 
Attendance Requirements: Attend all sessions (Lectures and Tutorials). Most sessions build on the work on the previous one. It is difficult to recover if you miss a session. Attendance in tutorials and labs will be monitored, and could impact the final mark in this subject.
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Resources
Prescribed Resources: � W. Van Caenegem, Intellectual and Industrial Property Law in Australia, LexisNexis Butterworths Australia (2009)
� Legislation:
o This subject is largely statute based, and as indicated a number of statues will be required for class preparation and in class. Students should acquire the:
o Butterworths Intellectual Property Collection (2012) which is an up to date compendium of all relevant statutes. The 2013 edition will probably not be available in time for this course.
 
Additional Resources: A recommended text book is W. Van Caenegem. Intellectual property law and innovation, Cambridge University Press (2007)
Use of iLearn in this Subject: Tutorial Questions will also be made available via the Course website.
Other materials (ie cases, articles, suggested readings etc) will be made available via the course website on a weekly basis.
 
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Bond Graduate Attributes Emphasised in this Subject
1. Knowledge and Critical Thinking - Graduates have acquired a sound knowledge of their discipline and the ability to critically evaluate, manage, reflect on, integrate and apply it.
2. Leadership, Initiative and Teamwork - Graduates have the skills to contribute to their discipline or profession as an effective leader and as a member of collaborative, cooperative and successful teams.
3. Communication Skills - Graduates have the skills to communicate effectively with their profession, their peers and the wider community.
4. Responsibility - Graduates are aware of the standards, ethics and values of their discipline, in both the local and global context.

Program Outcomes and Graduate Attributes
If you are undertaking this subject as part of a degree program you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Learning Outcomes of this Subject
1. Develop an understanding of areas of intellectual property law that are most relevant to industry and commerce and product and process innovation; and
2. Introduce some theoretical understanding of the role intellectual property law plays in commerce, competition and innovation processes.
3. Understand how new developments in technology such as the internet and computers affect industrial property law.
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Assessment
Task Weight Date Learning Outcomes
Tutorial Participation 15 Ongoing 1-3
PG Assignment on topic of own choice (3000 words 30 TBA 1-2
Take home examination 55 TBA 1-2

Assessment Criteria
High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.
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Other Course Information
Referencing Style: APA

See Library Website for more information: http://www.bond.edu.au/library
Assignment Coversheet: All assignments are to be accompanied by a copy of the faculty cover sheet.

Download the Law coversheet.

Submission Procedures: Assignments are to be submitted to .... by the due date.
Policy on Late
Submission and
Extensions: 		Unexplained late submissions will not be considered for marks. Penalties will apply for late submissions.
Please refer to the Faculty of Law policy for Extension for Assignments
 
Policy on Plagiarism: University policy on plagiarism defines plagiarism as taking and using another person's thoughts, ideas or writings and passing them off as one's own. [More >>]
Examinations: General information and procedures: http://www.bond.edu.au/examinations
A take home examination will be scheduled at the end of the Semester. Strict rules apply.
Return of Assessment Material: Any unclaimed assignments will be held for a period of one month after the end of the semester, and then destroyed.
Disability Support: Any student with a disabling condition who may require alternative academic arrangements in the subject is strongly encouraged to seek advice at the commencement of the semester from a Disability Officer. [More >>]
Other: The companion course of LAWS432 is Copyright and Entertainment Law, which focuses on the entertainment industries and is normally offered every September semester.
NOTE: This is an elective subject that is open to both undergraduate and postgraduate students.
More details will be posted on iLearn prior to the start of the semester.
 
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Weekly or Topic Outline
Week/Module Topic Description
1 Intellectual Property law and innovation in function and appearance; Introduction to Patents Law: protection of Inventions Lecture
2 Patents Law: Subsistence and Infringement Lecture / Tute
3 Trade secrets; breach of confidence; Minor legal regimes: Plant Varieties and Circuit Layouts Lecture / Tute
4 Copyright relevant to product innovation; computers; and architecture. The relationship between designs and copyright Lecture / Tute
5 Registered designs: subsistence and infringement. Lecture / Tute
6 Protection of reputation: passing off and sec 52 TPA; introduction to registered trade marks law Lecture / Tute
7 Registered Trademarks: subsistence (registration); and infringement Lecture / Tute
8 IP and the Internet; review; exam preparation Lecture / Tute
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