LAWCOMM 458 : Intellectual Property

Law

2021 Semester One (1213) (15 POINTS)

Course Prescription

Study of the laws which protect the products of intellectual endeavour including: passing-off (and section 9 Fair Trading Act), the Trade Marks Act, the Copyright Act, the action for 'breach of confidence', the Designs Act and the Patents Act.

Course Overview

Intellectual property (IP) is such a large body of law that it would be impossible to cover all aspects in a single semester. The emphasis is, therefore, on those aspects which both illustrate the major principles and which are most commonly encountered in general practice.

After an initial introductory  lecture a significant period of time is spent on the law of copyright. This is followed by a study of the Trade Marks Act 2002 and the related tort of passing off (including reference to the Fair Trading Act). There is then some, fairly brief, coverage of patent and design law followed by lectures on breach of confidence.

Course Requirements

Prerequisite: LAW 231 Restriction: LAW 432, LAWCOMM 404

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and understand and evaluate the policy behind IP law. (Capability 1.1, 2.1, 4.1 and 5.1)
  2. Identify, evaluate and apply important legal principles and concepts that relate to the creation, exploitation and enforcement of key IP rights t to reach reasoned solutions. (Capability 1.1, 1.3, 2.1, 2.2, 2.3, 4.1 and 5.1)
  3. Identify and evaluate other IP rights and related issues. (Capability 1.1, 1.2 and 1.3)

Assessments

Assessment Type Percentage Classification
Final Exam 70% Individual Examination
Essay 30% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3
Final Exam
Essay
There will be an early assessment exercise for the purpose of providing you with feedback. This exercise will have no marks attached to it. 

Workload Expectations


This is a standard 15-point course. There will be around 36 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 150 hours.


Delivery Mode

Campus Experience


Lectures will be available as recordings.

Attendance on campus is required for the exam.

Learning Resources

By far the best resource is my text book "Intellectual Property - Principles in Practice" , Paul Sumpter, CCH NZ, 3rd edition 2017 (available at ubiq).
Other information will be provided on Canvas.

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.

Other Information

The course director is Paul Sumpter whose email address is p.sumpter@auckland.ac.nz
Any other essential information will be provided on Canvas.

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.

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 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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 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.

Published on 27/11/2020 03:16 p.m.