University of Technology, Sydney

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C11130v4 Graduate Certificate in Trade Mark Law and Practice

Award(s): Graduate Certificate in Trade Mark Law and Practice (GradCertTMLP)
Commonwealth supported place?: No
Load credit points: 24
Course EFTSL: 0.5
Location: Distance

Notes

This course is only available by distance mode. International students are not eligible for a student visa to study this course in Australia.


Overview
Course aims
Career options
Course intended learning outcomes
Admission requirements
Recognition of prior learning
Course duration and attendance
Course structure
Course completion requirements
Articulation with UTS courses
Professional recognition
Other information

Overview

UTS has established expertise and a reputation for providing courses relevant to the needs of the patent and trade marks professions. The course fulfils the entire educational requirements for registration as an Australian trade marks attorney under the knowledge requirements of the Trans-Tasman IP Attorneys Board.

The unique feature of this course is that it may be undertaken entirely online, removing the need for students to attend face-to-face classes.

Course aims

This course provides graduates with an understanding of the principles of:

  • the registered trade mark system in Australia and New Zealand, including the protection of unregistered marks and related forms of protection against misleading or unfair trading conduct in Australia and New Zealand
  • legal process and professional conduct regulation of trade mark attorneys and Trans-Tasman patent attorneys in Australia and New Zealand.

Career options

Graduates can seek registration as an Australian trade marks attorney in Australia and New Zealand. Other career options include: IP lawyer, trade mark portfolio manager, policy maker and government regulator.

Course intended learning outcomes

1.0 An advanced and integrated understanding of a complex body of legal knowledge, including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice
1.1 Demonstrate specialised legal, scientific and technical knowledge of Australasian patent and trade marks law and systems to support innovation in a range of contexts
2.0 An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards, including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment
2.1 Recognise, reflect upon and respond with professional judgment to ethical and professional responsibility issues that arise in specialist practice roles
3.0 A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses
3.1 Identify, synthesise and articulate complex legal and technical issues and apply analytical skills to identify innovation and generate clear, succinct and novel responses
4.0 Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions
4.1 Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions
5.0 Effective and appropriate professional communication skills, including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately
5.1 Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised and technical formats; including productive collaboration with professional teams and clients
6.0 A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, personal wellbeing and appropriate use of feedback, and a capacity to adapt to and embrace change
6.1 Evaluate and implement their own professional development and incorporate personal skills in order to work with autonomy as a responsible and adaptable professional

Admission requirements

Applicants must have completed a UTS recognised bachelor's degree, or an equivalent or higher qualification, or submitted other evidence of general and professional qualifications that demonstrates potential to pursue graduate studies.

Applicants who have not gained the requisite tertiary qualifications may be provisionally admitted into the program if they can provide evidence of equivalent work experience. Such applicants should also contact the Trans-Tasman IP Attorneys Board to clarify the full requirements for registration as a trade marks attorney.

Admission is at the discretion of the associate dean (education).

The English proficiency requirement for international students or local applicants with international qualifications is: Academic IELTS: 6.5 overall with a writing score of 6.0; or TOEFL: paper based: 550-583 overall with TWE of 4.5, internet based: 79-93 overall with a writing score of 21; or AE5: Pass; or PTE: 58-64; or CAE: 176-184.

Eligibility for admission does not guarantee offer of a place.

International students

Visa requirement: To obtain a student visa to study in Australia, international students must enrol full time and on campus. Australian student visa regulations also require international students studying on student visas to complete the course within the standard full-time duration. Students can extend their courses only in exceptional circumstances.

Recognition of prior learning

Recognition of prior learning in the UTS Intellectual Property courses is generally not granted for subjects not primarily directed to Australian or New Zealand law.

Exemption may be granted from 77905 Preparing for Intellectual Property Practice for:

  • completion of a dedicated intellectual property subject in the last six years, and
  • completion of a degree leading to practice as a legal practitioner, and
  • a current Australian Practicing Certificate.

The Trans-Tasman IP Attorneys Board (TTIPAB) – the body that registers Australian and New Zealand Trade Marks and Patent Attorneys – may not recognise subject exemptions recognised by UTS students in the UTS Intellectual Property courses. Students intending to seek registration from the TTIPAB should seek recognition of prior learning from the TTIPAB directly, and are advised to do this prior to seeking recognition of prior learning towards the UTS Intellectual Property courses.

More detailed information (including application, credit point limits, time limits, appeal of decision, record of precedent) about recognition of prior learning in the Graduate Certificate in Trade Mark Law and Practice is available at postgraduate course information.

Course duration and attendance

The course can be completed in a minimum of one session of full-time or one year of part-time study.

Note: Timetabling restrictions apply as some subjects are only offered in Spring session (e.g. 77890 Trade Marks Practice is only offered in Spring session). Therefore, the knowledge requirements for registration by the Trans-Tasman IP Attorneys Board as an Australian trade marks attorney can be completed in:

  • one session of full-time study in Spring session, or
  • by part-time study over Autumn and Spring sessions.

The subjects within this course are available online by distance learning and require no on-campus attendance. All lectures, tutorials, course materials and assessments are distributed by a combination of web-based technology and electronic media. Students conduct all communication with the lecturer by electronic means.

Course structure

The course requires completion of 24 credit points of core subjects.

Subjects are timetabled annually, but not all subjects are offered every session. The UTS Timetable Planner enables current and future UTS students to view subject timetables.

Course completion requirements

STM90743 Trade Mark Law and Practice stream 24cp
Total 24cp

Articulation with UTS courses

Graduate certificate candidates may apply to internally transfer to the Master of Intellectual Property (C04251). Successful candidates are not awarded the graduate certificate but subjects undertaken within the graduate certificate are applied towards the Master of Industrial Property.

Professional recognition

Subject to final board approval, where applicants have a requisite tertiary qualification as stipulated by the Trans-Tasman IP Attorneys Board for Patent and Trade Marks Attorneys, this course provides the accredited subjects which satisfy the educational requirements necessary for registration as a Trade Marks Attorney in Australia and New Zealand.

Prospective students should check with the Trans-Tasman IP Attorneys Board for specific subjects required to be completed for registration.

Other information

Further information for future students is available on:

telephone +61 2 9514 3660
email law@uts.edu.au

Further information for current students is available on:

telephone 1300 ask UTS (1300 275 887)
Ask UTS