LAWCOMM 454 : Trade Mark Law
Law
2020 Summer School (1200) (10 POINTS)
Course Prescription
Course Overview
This course is for students who have already established a foundational understanding of trade mark law. Building on such foundations, this course explores more advanced topics which arise under New Zealand and overseas trade mark law. The first part of the course examines the methods of protecting trade marks, and the rationale for doing so. The second part of the course considers key issues relating to the creation of registered trade marks rights. The third part of the course explores issues with the enforcement and exploitation of registered trade marks. The fourth and final part of the course examines the loss of registered trade mark rights.
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
Learning Outcomes
- Identify and evaluate the underlying theoretical justifications for trade mark protection (Capability 1.1, 2.2 and 4.1)
- Articulate and apply key legal principles and concepts that relate to the creation, exploitation, enforcement and cessation of registered trade mark rights to different factual scenarios in order to reach reasoned solutions and make reasoned recommendations (Capability 1.1, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1 and 5.1)
- Identify, critique and evaluate New Zealand’s legal approach to key trade mark issues in comparison with approaches in other common law-based jurisdictions (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.3, 4.1 and 5.1)
- Demonstrate effective written communication skills (Capability 4.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Reflection | 5% | Individual Coursework |
| Assignments | 25% | Individual Coursework |
| Final Exam | 70% | Individual Examination |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |||||||
| Reflection | ||||||||||
| Assignments | ||||||||||
| Final Exam | ||||||||||
Workload Expectations
This is a standard 10-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.
Other Information
Office hours will be advised during lectures and times also posted on Canvas. Office hours are a good opportunity to ask lingering questions about the course content or to clarify areas of misunderstanding.
Digital 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.
Office hours will be advised during lectures and times also posted on Canvas. Office hours are a good opportunity to ask lingering questions about the course content or to clarify areas of misunderstanding.
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 against online source material using computerised detection mechanisms.
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 at 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.
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.
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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.