79011 Marketing Law
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particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Subject level:
Undergraduate
Result type: Grade and marksRequisite(s): 79203 Business Law and Ethics OR 70110 Introduction to Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
Students completing this subject gain an in-depth knowledge of the laws that regulate marketing activities in Australia. Current challenges to marketing law such as the rise of social media, artificial intelligence and data analytics are also explored. Topics covered include misleading advertising, liability for faulty or dangerous products, privacy and digital platforms, the role of intellectual property in product and brand development and competition law. Students select an area of marketing law to research and present which deepens their knowledge and further develops their research and communication skills. Risk assessment and compliance strategies are developed through class activities.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and apply coherent knowledge of the relevant state and federal laws that affect all business decisions in the field of marketing; |
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| 2. | Devise compliance programs and preventive strategies to minimise corporate and personal risk; |
| 3. | Analyse and evaluate regulatory changes and the law making process in this area; |
| 4. | Research and apply relevant primary and secondary law to identified issues and communicate this research orally and in writing in a logical, succinct and persuasive manner; |
| 5. | Lead, facilitate and engage the audience in a group discussion demonstrating appropriate research and communication strategies. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparation. Students are expected to prepare for classes by reading and reflecting on the prescribed readings, engaging with digital course content and preparing answers to set questions or formative quizzes on the content. These materials are designed to support students in acquiring an understanding of the relevant laws prior to classes. This prior knowledge is essential to allow students to participate fully in class exercises and to get the most out of the seminar-style format of the classes. Students are encouraged to raise any questions that arise during preparation in online forums or directly with the subject coordinator prior to classes.
Strategy 2: Active and collaborative learning. Classes are taught in an active seminar style, with a mixture of whole class discussions, small group work on engaging, authentic problems and other activities. These activities build on students’ preparation by drawing out and integrating the key points from the prescribed materials. Students are invited to clarify issues arising from their preparation and are encouraged to ask questions, challenge ideas and test their understanding during each class. Students collaborate in discussions of problem questions and develop strategies for minimising corporate risk arising from marketing activities. This approach also encourages students to build self-directed learning skills and take responsibility for preparing and engaging in all aspects of the subject.
Strategy 3: Developing legal research and communication skills. Students develop their research skills by identifying and researching a topical area of marketing law for presentation to the class. Students develop their presentation and communication skills as they present their own research and respond to questions on their presentation. They also raise questions on and contribute observations to presentations made by their peers and respond to their peers in group work during classes and in online forums.
Strategy 4: Feedback. Both formal and informal feedback will be provided throughout the session. Informal feedback takes several forms, including peer and teacher responses to questions during classes and in online forums. Formal feedback on the Class Presentation provides an opportunity for students to implement suggestions in subsequent assessment tasks and to prepare for the exam.
Subject Delivery
This subject is delivered face to face for all of Spring session.
Content (topics)
Topic 1 - Introduction: Marketing Law overview
Topic 2 - Misleading advertising (Part 1)
Topic 3 - Misleading advertising (Part 2)
Topic 4 - Prohibited selling techniques
Topic 5 - Faulty products
Topic 6 - Dangerous products
Topic 7 - Consumer privacy, e-commerce and digital platforms
Topic 8 - Intellectual Property and product development
Topic 9 - Intellectual Property and brand development
Topic 10 - Competition Law for marketers
Assessment
Assessment task 1: Group Presentation and Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 30% |
| Length: | 2500 words (Group x 3) |
| Criteria: |
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Assessment task 2: Class participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 20% |
| Criteria: |
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Assessment task 3: Online Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 50% |
| Length: | The exam will be 2400 words in length consisting of two questions of equal weight. There will be a 4 hour window within which to complete and submit the Exam. |
| Criteria: |
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Required texts
Mark Bender et al, Marketing and the Law (LexisNexis Butterworths, 6th ed, 2020)
Earlier editions of the textbook are not recommended as the law in this area changes quickly.
Recommended texts
Kathy Bowrey et al, Australian Intellectual Property Law: Commentary, law and practice (Oxford University Press, 2nd ed, 2015)
Alex Bruce, Consumer Protection Law in Australia (LexisNexis Butterworths, 3rd ed, 2019)
Stephen Corones and Jeannie Paterson, Corones’ Australian Consumer Law (Thomson Reuters (Professional) Australia, 4th ed, 2019)
Stephen Corones and Philip Clarke, Australian Consumer Law - Commentary & Materials (Thomson Reuters (Professional) Australia, 5th ed, 2015)
Mark Davison, Ann Monotti and Leanne Wiseman, Australian Intellectual Property Law (Cambridge University Press, 4th ed, 2020)
Arlen Duke, Corones’ Competition Law in Australia (Thomson Reuters (Professional) Australia, 7th ed, 2018)
Anne Fitzgerald and Eliades Dimitrios, Introduction to Intellectual Property (Thomson Reuters (Professional) Australia, 4th ed, 2015)
Colin Lockhart, The Law of Misleading or Deceptive Conduct (LexisNexis Butterworths, 5th ed, 2018)
Russell Miller, Australian Competition and Consumer Law Annotated (Thomson Reuters (Professional) Australia, 41st ed, 2019)
Rocque Reynolds, Natalie Stoianoff and Alpana Roy, Intellectual Property: Text and Essential Cases (Federation Press, 5th ed, 2015)
Andrew Stewart et al, Intellectual Property in Australia (LexisNexis Butterworths, 6th ed, 2017)
Ray Steinwall, Annotated Competition and Consumer Act 2010 (Lexis Nexis Butterworths, 2017 edition)
Andrew Terry and Des Guigni, Business and the Law (Thomson Reuters (Professional) Australia, 7th ed, 2018)
Clive Turner and John Trone, Australian Commercial Law (Thomson Reuters (Professional) Australia, 32nd ed, 2018)
William van Caenegem, Intellectual and Industrial Property (LexisNexis Butterworths, 3rd ed, 2019)
References
Access the following useful resources on Lexis Advance Pacific via the UTS Library
Australian Intellectual Property Law Bulletin (newsletter)
Competition and Consumer Law Journal
Competition and Consumer Law News (newsletter)
Halsbury's Laws of Australia
Internet Law Bulletin
Access the following useful resources on Westnet AU via the UTS Library
Australian Business Law Review
Australian Intellectual Property Journal
Australian Journal of Competition and Consumer Law
The Laws of Australia
Other resources
The following websites will also be useful
Ad Standards www.adstandards.com.au
Association for Data-driven Marketing and Advertising http://www.adma.com.au
Australian Competition and Consumer Commission http://www.accc.gov.au
Australian Copyright Council http://www.copyright.org.au
Australian Consumers Association www.choice.com.au
Federal Privacy Commissioner www.privacy.gov.au
IP Australia www.ipaustralia.gov.au
Office of the Australian Information Commissioner https://www.oaic.gov.au
The Internet Industry Association www.iia.net.au