LAWCOMM 458 : Intellectual Property

Law

2025 Semester One (1253) (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

This course is intended to provide an introduction to the main intellectual property laws encountered in practice and to provide a foundation for further specialised study into particular areas of intellectual property law. The course also seeks to introduce students to Indigenous perspectives on intellectual property law and its relationship to Te Tiriti o Waitangi and issues concerning the relationship between intellectual property and human rights and sustainability. The course first considers the nature of intellectual property rights and the justification for the law recognising and protecting such rights. The course next considers how patent law protects useful ideas; how the law protects secret information; how copyright protects original expression; how design law protects physical appearance; and how registered and unregistered trade mark law (passing off and section 9 of the Fair Trading Act) protects the distinctive identity of traders and their products and services. 

Course Requirements

Prerequisite: LAW 231 Restriction: LAW 432, LAWCOMM 404

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and explain the main justifications for intellectual property law, the main characteristics of different intellectual property rights and some different perspectives on intellectual property law (Capability 1.1, 1.2, 3.1, 4.1 and 4.2)
  2. Identify, analyse, critically evaluate and advise on how the law protects ideas through patent law and the breach of confidence action (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  3. Identify, analyse, critically evaluate and advise on how the law protects distinctive identity through trade mark law and other unfair competition laws (Capability 3.1, 3.2, 4.1, 4.2, 5.1 and 8.1)
  4. Identify, analyse, critically evaluate and advise how the law protects original expression and the appearance of products through copyright and design law. (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  5. Identify, analyse, critically evaluate and advise on some of the legal and professional issues arising from the enforcement and exploitation of intellectual property rights (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  6. Evaluate some of the tensions with obligations under Te Tiriti o Waitangi and the protection of intellectual property. (Capability 1.1, 1.2, 3.1 and 5.1)
  7. Identify and begin to critically evaluate the interrelationship between intellectual property and sustainability and human rights (Capability 1.2, 2.1, 4.2 and 5.1)

Assessments

Assessment Type Percentage Classification
Online quizzes (multichoice only) 16% Individual Coursework
Assignments 25% Individual Coursework
Letter of advice 50% Individual Coursework
Online quiz (multi-choice and short answer) 9% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Online quizzes (multichoice only)
Assignments
Letter of advice
Online quiz (multi-choice and short answer)

There will be 4 online quizzes run through Canvas (MC Quizzes). The first four quizzes will be worth 16% of your grade and will comprise multi-choice questions. If you miss one of these 4 quizzes and wish to have a "second chance", you may submit 5 of your own multi-choice quiz questions (with at least 4 options per question) to the lecturer within 5 calendar days of the quiz closing. No extensions are possible for the MC Quizzes.

 There is also a separate online quiz worth 9%. This quiz combines multi-choice questions and short answer questions. Extensions of up to 3 calendar days for this quiz are possible in accordance with the procedures established for assignment extensions.

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

Attendance is expected at lectures. Lectures will be available as recordings. However, active learning activities and discussions during lectures are unlikely to be captured in recordings.

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.

Paul Sumpter, Intellectual Property Law: Principles in Practice (3rd ed, CCH NZ Ltd, Auckland, 2017).

Ian Finch, James & Wells Intellectual Property Law in New Zealand (3rd edition, Thomson Reuters, 2017) – online edition available through Westlaw under A-Z of  New Zealand Law under "Intellectual Property". The fourth edition is expected to be published at the end of 2024.

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.

For 2025, the assessment weightings have been changed to reflect the new assessment policy. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

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 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 31/10/2024 05:26 p.m.