LAWCOMM 738 : Special Topic: IP Law in Asia-Pacific

Law

2025 Semester One (1253) (30 POINTS)

Course Prescription

No prescription

Course Overview

This course provides students with a critical understanding of intellectual property (IP) laws in Asia-Pacific through a regulatory and comparative approach. IP laws in these countries have been influenced by international harmonisation, primarily by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). More recently, some countries in this region have also actively engaged in regional and international IP rulemaking. The primary learning objective is to help students analyse and evaluate cutting-edge issues in IP law across different national contexts, taking into account local social, economic, and cultural considerations.

The course starts with international intellectual property law harmonisation, focusing on the TRIPS Agreement and the “minimum” standards it set for WTO members. The discussion then extends to post-TRIPS bilateral and plurilateral trade agreement (such as the Regional Comprehensive Economic Partnership), so that the students can understand the dynamics that have further impacted the IP law landscape in Asian-pacific countries in the last two decades. It then analyses pivotal IP issues in multilateral and bilateral rulemaking, including IP and protection of genetic resources and traditional knowledge and geographical indications in the EU-Australia and EU-New Zealand trade negotiation. It concludes by identifying the challenges and emerging trends in IP laws in the Asia-Pacific, including the insufficient response of the IP laws to sustainability challenge, and bottom-up IP lawmaking initiatives in relation to data and artificial intelligence in the digital economy.

Course Requirements

No pre-requisites or restrictions

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
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate comprehensive knowledge of international intellectual property law, including understanding key agreements, and the interplay between international, regional, and national IP laws. (Capability 3.1)
  2. Analyse how understandings of IP vary across different national contexts in Asian countries, reflecting local legal, cultural, and economic environments. (Capability 3.1 and 4.1)
  3. Explain and assess key legislative progress concerning IP law in the digital economy, and engage with major policy debates through law reform proposals. (Capability 1.2, 3.1, 4.1 and 5.1)
  4. Critically evaluate the ongoing IP issues in multilateral and regional trade negotiations, assessing positions of different countries and their social implications. (Capability 1.2, 2.1, 3.1 and 4.1)
  5. Communicate effectively in both written and oral forms, leveraging acquired knowledge and skills to influence discussions and outcomes in the field of intellectual property. (Capability 6.1)

Assessments

Assessment Type Percentage Classification
Participation 10% Individual Coursework
Reflection essay 40% Individual Coursework
Independent Research 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Participation
Reflection essay
Independent Research

Workload Expectations

This is a 30-point postgraduate course. The intensive, seminar portion will be for 40 hours. The guideline for the total workload for this course is 300 hours.

Delivery Mode

Campus Experience

Attendance is required over the five day intensive because the course is designed to be participatory, and it depends upon students being personally present and contributing in order to complete and receive credit for components of the course. Sessions will not be available as 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.

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.

This course is being offered for the first time this year. 

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 01/11/2024 05:43 p.m.