University of Technology Sydney

C04251v1 Master of Intellectual Property

Award(s): Master of Intellectual Property (MIP)
Commonwealth supported place?: No
Load credit points: 48
Course EFTSL: 1
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 in and a reputation for providing courses relevant to the needs of the patent and trade mark professions. The UTS Master of Intellectual Property is the first course at an Australian university that fulfils the entire educational requirements for registration as a registered Trans-Tasman patent attorney in Australia and New Zealand under the Trans-Tasman IP Attorneys Board, as well as registration as an Australian trade marks attorney.

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
  • patents law, patents systems, interpretation and validity of, including the content and implications of a patent specification and claims as well as related confidential information and know-how enabling them to advise upon possible questions of patent infringement, validity and compliance
  • design law and practice in Australia and New Zealand enabling them to advise upon possible questions of design infringement, validity and compliance
  • legal process and professional conduct regulation of trade mark attorneys and Trans-Tasman patent attorneys in Australia and New Zealand.

Graduates may also choose from optional subjects, including copyright law, global aspects of intellectual property law, intellectual property and traditional knowledge, intellectual property and human rights and intellectual property commercialisation.

Career options

Depending on the subjects taken, graduates may seek registration as a trade mark attorney and/or Trans-Tasman patent attorney in Australia and New Zealand. Arts administrators or media professionals may enhance career options through building expertise in the commercialisation or management of intellectual property assets. Other career options include patent and trade marks attorney, IP lawyer, IP portfolio manager, policy maker and government regulator.

Course intended learning outcomes

1.1 An advanced and integrated understanding of a complex body of legal knowledge, including the Australian legal system, impacts of historical and ongoing Anglo-Australian laws, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice.
1.2 Utilise an advanced and integrated understanding of a complex multidisciplinary body of legal, scientific and technical knowledge and Australasian patent and trademarks law and systems, including Indigenous law and systems, to support innovation in a global context.
2.1 A specialised understanding of relevant approaches to ethical decision-making in legal practice, with an advanced level of knowledge of the rules of professional responsibility and the ability to respond independently to ethical challenges in practice, exercising professional judgment that promotes honesty, integrity, cultural respect, accountability, public service and ethical standards in the practice of law.
2.2 Demonstrate an advanced and integrated understanding of principles and approaches to ethical decision-making and professional responsibility in specialist practice roles; recognising, reflecting, and responding to issues with professional judgment.
3.1 Expertise in analysing legal issues critically, strategically and creatively, including an ability to independently identify and reflect on legal problems, concepts and theories, synthesise complex information, and apply specialised cognitive and creative skills in reasoning to generate appropriate theoretical and practical responses to problems and questions in law.
3.2 Identify, synthesise and articulate complex legal and technical issues and apply creative analytical skills to identify innovation and generate clear, succinct, novel and distinctive responses.
4.1 Advanced and specialised research and technical skills necessary to independently identify, research and evaluate complex factual, legal and policy issues, interpret theoretical propositions and make appropriate choices in the application of legal methodologies or established theories to specialised bodies of legal knowledge in the context of legal decision making and analysis of complex legal issues.
4.2 Take responsibility for complex research, identifying and evaluating significant technical information, legal judgments and issues; to interpret, justify, or critique propositions, methodologies, conclusions and professional decisions that are underpinned by ethical research practices.
5.1 Expert and specialised professional communication skills, including highly effective use of the English language, an advanced ability to respectfully inform, analyse, report and persuade and apply conventions of legal drafting in practice, academic writing, and professional communications.
5.2 Communicate accurately and persuasively in multidisciplinary contexts with a variety of audiences and in a range of specialised and technical formats, including productive collaboration with professional teams and clients, and for patent attorneys, an ability to draft and interpret patent specifications.
6.1 Advanced and integrated collaboration skills, including effective leadership and team work to achieve a common goal in a group learning environment or the workplace.
6.2 Take responsibility to give feedback and to respond to feedback in a professional context, to work effectively with colleagues and other stakeholders and to take a proactive role in resolving challenges through effective negotiation.
7.1 An advanced and appropriate understanding of Indigenous perspectives informed by a commitment to build cultural capacity to work for and with Indigenous peoples and to advocate for Indigenous strengths and self-determination.
7.2 Identify and challenge the deficit narratives and biases of Anglo-Australian laws towards Indigenous Australians, particularly in relation to intellectual property and cultural rights.
8.1 A high level of autonomy, accountability and professionalism, the ability to independently implement appropriate self-management and lifelong learning strategies, demonstrating expert judgment and responsibility, self-assessment of skills, personal wellbeing and appropriate use of feedback, and the ability to competently adapt to and embrace change as a practitioner or learner.
8.2 Evaluate and implement their own ongoing professional development and incorporating cross-disciplinary personal skills in order to work with accountability as an autonomous 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.

Previous qualifications can be in any discipline.

If an applicant does not formally meet the selection criteria but the Faculty deems the applicant to be eligible based on evidence of prior learning and demonstrated capability, the Faculty reserves the right to make an offer to the appropriate course.

Applicants may be asked to provide additional information to assist in the assessment of their application for admission.

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 practise as a legal practitioner, and
  • a current Australian Practising 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.

Subjects undertaken within the Graduate Certificate in Trade Mark Law and Practice (C11130), Graduate Certificate in Intellectual Property (C11229) and Graduate Diploma in Intellectual Property (C06099) are recognised within the Juris Doctor Graduate Certificate in Trade Mark Law and Practice.

More detailed information (including application, credit point limits, time limits, appeal of decision, record of precedent) about recognition of prior learning in the Master of Intellectual Property is available at postgraduate course information.

Course duration and attendance

The course can be completed in one-and-a-half years of full-time study or two-and-a-half years of part-time study.

All subjects within this course can be studied by distance online, requiring 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. A number of subjects are concurrently offered in traditional face-to-face on-campus format.

Course structure

The course requires completion of 48 credit points of subjects. As part of this course, students must complete 77905 Preparing for Intellectual Property Practice.

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

CBK90711 Choice 48cp
Total 48cp

Articulation with UTS courses

Subjects undertaken within the Graduate Certificate in Trade Mark Law and Practice (C11130), Graduate Certificate in Intellectual Property (C11229) and Graduate Diploma in Intellectual Property (C06099) are recognised within the Master of Intellectual Property. Students enrolled in either graduate certificate may apply to internally transfer to the master's program. Candidates are not awarded the graduate certificate but subjects undertaken are applied towards the master's program.

Professional recognition

The educational requirements for registration as a patent attorney and trade marks attorney in Australia and New Zealand with the Trans-Tasman IP Attorneys Board for Patent and Trade Marks Attorneys can be fulfilled by completing all eight accredited subjects in this course.

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