LAWCOMM 433 : Copyright and Design
Law
2024 Semester Two (1245) (15 POINTS)
Course Prescription
Course Overview
This course is about how Australia and New Zealand law can be utilised to protect product design. It examines the law of copyright, which in New Zealand is the primary mechanism that can be, and is, used to protect the design of products. The course also addresses the requirements and process for obtaining registered design protection in Australia and New Zealand, interrogates the nature and scope of such protection, and examines how both jurisdictions seek to deal with overlaps between copyright and design protection.
Capabilities Developed in this Course
| Capability 3: | Knowledge and Practice |
| Capability 4: | Critical Thinking |
| Capability 5: | Solution Seeking |
Learning Outcomes
- Identify and apply the legal principles and concepts the govern the subsistence of copyright. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
- Evaluate the nature of the rights conferred by copyright and recognise the legal principles and concepts that determine authorship and ownership under copyright law. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
- Articulate and apply key legal principles and concepts that relate to copyright infringement (and permitted defences). (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
- Recognise what can be the subject of registered design protection and identify and apply the legal rules that are relevant to a person obtaining registered design protection and the legal rules that are relevant to determining validity. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
- Articulate and apply key legal principles and concepts that relate to maintenance, exploitation and infringement of registered designs. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
- Identify and assess key practical considerations that can impact on the acquisition and loss of design protection in Australia and New Zealand and articulate key differences between the law of registered design in Australia and New Zealand. (Capability 3.1 and 3.2)
- Identify and evaluate Australia and New Zealand’s legal approach to dealing with overlaps between copyright and registered design protection. (Capability 3.1, 3.2, 4.1 and 4.2)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Online test | 20% | Individual Test |
| Mid-semester assessment | 30% | Individual Coursework |
| Final assessment | 50% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | ||||
| Online test | ||||||||||
| Mid-semester assessment | ||||||||||
| Final assessment | ||||||||||
Workload Expectations
This is a 15-point course. There will be around 24 hours of lectures in this course. For this course, you should expect a workload of four to five hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 120-150 hours.
Delivery Mode
Campus Experience
Lectures are scheduled for block delivery over a period of eight weeks. Lectures will be available as recordings. However, given the block nature of delivery and the small class size, learning will likely be enhanced by attendance.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
- Mark J. Davison, Ann Louise Monotti and Leanne Wiseman Australian Intellectual Property Law (4th ed, Cambridge University Press, Melbourne, 2020).
- Paul Sumpter Intellectual Property Law: Principles in Practice (3rd ed, CCH NZ Ltd, Auckland, 2017).
- Ian Finch (ed) James and Wells Intellectual Property Law in New Zealand (3rd ed, Thomson Reuters, 2017).
- Lexis Nexis Copyright and Design (online loose-leaf) – available through Lexis Advance.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Feedback from previous years will be taken into account.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.
The use of generative artificial intelligence software packages (including but not limited to ChatGPT, StudocuAI, Microsoft Bing, and Google Bard) is not permitted in any way whatsoever, without exception, for the preparation, drafting, or completion of any assessments in this course.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.