LAWCOMM 772 : Intellectual Property and Practice

Law

2025 Semester One (1253) (15 POINTS)

Course Prescription

An in-depth and detailed examination of the main intellectual property rights and laws and the complexities of their operation within the broader context of the New Zealand and Australian legal systems, including Te Tiriti o Waitangi, its place in the New Zealand legal system and its impact on intellectual property law.

Course Overview

This course is designed for those will little or no background knowledge in intellectual property law. The course aims to provide a general outline of intellectual property law in the context of New Zealand and Australian legal systems. The 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.

Topics covered in this course include:

  • How intellectual property law fits within the context of the New Zealand and Australian legal systems
  • The justifications for intellectual property protection
  • The key intellectual property rights and laws
  • The international intellectual property framework
  • Protecting secrets through confidential information
  • Protecting useful ideas through patent law
  • An introduction to plant variety rights
  • Protecting original expression and appearance through copyright and design law
  • Protecting the distinctive identity through trade mark law, passing off, consumer protection law
  • Professional conduct
  • The relationship between sustainability and human rights and intellectual property

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
Capability 8: Ethics and Professionalism

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify the main intellectual property rights and how the laws that govern such rights fit within the context of the New Zealand and Australian legal systems, including the place of Te Tiriti o Waitangi in the New Zealand legal system. (Capability 1.1, 1.2, 2.1, 3.1 and 4.1)
  2. Describe, critically evaluate and advise on how the law protects ideas through patent law and the breach of confidence action. (Capability 3.1, 4.1, 5.1 and 6.1)
  3. Describe, critically evaluate and advise on how the law protects original expression and the appearance of products through copyright and design law (Capability 3.1, 4.1, 5.1 and 6.1)
  4. Describe, critically evaluate and advise on how the law protects distinctive identity through trade mark law and other unfair competition laws. (Capability 3.1, 4.1, 5.1 and 6.1)
  5. Explain and critically evaluate the impact of Te Tiriti o Waitangi on the protection of knowledge and culture in New Zealand, including the work to respond to the Wai 262 kaupapa. (Capability 1.1, 1.2 and 2.1)
  6. Explain, critically analyse and advise on the duties and ethical responsibilities of trade mark and patent attorneys. (Capability 3.1, 4.1, 5.1 and 8.1)
  7. Identify and begin to critically evaluate the interrelationship between intellectual property and sustainability and human rights (Capability 1.2, 2.1, 5.1 and 6.1)

Assessments

Assessment Type Percentage Classification
Reading Reflection and Analysis 22.5% Individual Coursework
Outline for Memorandum of Advice 2.5% Individual Coursework
Letter of Advice 20% Individual Coursework
Memorandum of Advice 50% Individual Coursework
Participation 5% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Reading Reflection and Analysis
Outline for Memorandum of Advice
Letter of Advice
Memorandum of Advice
Participation

Workload Expectations

This is a 15-point course. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Online

The course will include six live online (tutorial-style) teaching events held via Zoom. Attendance (with your camera on) is expected at these scheduled online events and participation marks are awarded.  

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.

Ian Finch James & Wells Intellectual Property Law in New Zealand (3rd edition, Thomson Reuters, 2017) – online edition available through Westlaw. A 4th edition will be published at the end of 2024. 
Mark J Davison, Ann Louise Monotti, Leanne Wiseman Australian Intellectual Property Law (4th edition, Cambridge University Press, 2020). 
Paul Sumpter Intellectual Property Law: Principles and PracticeLinks to an external site. (3rd edition, CCH NZ Ltd, 2017). 

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 was redesigned for 2024 to enhance the online learning experience of students. Further modifications will be made for the 2025 iteration to improve the learning environment for students. 

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 05:46 p.m.