LAWCOMM 793 : Patents and Related Rights

Law

2023 Semester Two (1235) (15 POINTS)

Course Prescription

Australian and New Zealand law relating to patents, including patentable subject matter, ownership, inventorship, validity requirements, patent specification requirements and the law governing infringement. The law relating to the protection of confidential information. A brief introduction to the law relating to plant variety rights. Involves individual research resulting in a substantial piece of research writing.

Course Overview

This course is about Australian and New Zealand law relating to the protection of innovative ideas and inventions. The primary focus is therefore on the statutory rules and case law that relate to the Patents Act 1990 (Cth) and the Patents Act 2013 (NZ). The course addresses the creation, exploitation, enforcement and loss of patent rights under such legislation. However, before addressing patent legislation, the course deals with the protection of innovative ideas and inventions by the common law breach of confidence action. 

Course Requirements

Prerequisite: LAWCOMM 404 or LAWCOMM 458

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
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and evaluate the nature and extent of protection provided by the breach of confidence action. (Capability 1.1, 1.2, 2.1, 2.3, 3.1, 3.2 and 4.1)
  2. Explain what subject matter is potentially patentable (Capability 1.1, 1.2, 2.1, 2.3, 3.2, 4.1 and 6.3)
  3. Explain how a person obtains patent rights, including the rules that determine inventorship and ownership of a patent (Capability 1.1, 1.2, 2.1, 2.3, 3.1 and 4.1)
  4. Articulate and apply key legal principles and concepts that determine patent validity (Capability 1.1, 1.2, 2.1, 2.3, 3.2, 3.3 and 4.1)
  5. Identify and explain the key legal principles and concepts that relate to patent specifications (Capability 1.1, 1.2, 2.1, 2.3, 3.2, 3.3 and 4.1)
  6. Articulate and apply key legal principles and concepts that relate to patent infringement (Capability 1.1, 1.2, 2.1, 2.3, 3.2, 3.3 and 4.1)
  7. Contrast and evaluate the approaches New Zealand and Australian patent law takes to key legal issues (Capability 1.1, 1.2, 2.1, 2.3, 3.2, 3.3, 4.1 and 6.3)
  8. Demonstrate independent research, analysis, critical evaluation and effective written communication by engaging with issues, problems or debates in patent law in a substantial piece of legal writing (Capability 1.1, 1.2, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2 and 5.1)

Assessments

Assessment Type Percentage Classification
Case report 15% Individual Coursework
Research memorandum 85% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8
Case report
Research memorandum

Workload Expectations

This is a 15-point 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

Delivery of the course is face-to-face, with the possibility of a Zoom live stream. Attendance is expected (via Zoom or face-to-face) for all sessions.  

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.

There is no prescribed text, but the following texts are recommended:
• Mark J. Davison, Ann Louise Monotti and Leanne Wiseman Australian Intellectual Property Law (4th ed, Cambridge University Press, Melbourne, 2020).
• Susy Frankel and Jessica Lai Patent Law and Policy (LexisNexis NZ Ltd, Wellington, 2016).
• Colin Bodkin Patent Law in Australia (3rd ed, Thomson Reuters, NSW, 2018).

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.

NA the course is being run in 2023 for the first time. 

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.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 21/06/2023 05:30 p.m.