78015 Global Aspects of Intellectual Property Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905 Preparing for Intellectual Property Practice OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70108c Public International Law AND 70417c Corporate Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78183 Global Aspects of Intellectual Property Law
Description
This subject considers the international framework of intellectual property law. Topics covered include the international institutions dealing with intellectual property (the World Trade Organization, World Intellectual Property Organization, International Union for the Protection of New Varieties of Plants and the United Nations), particularly considering their treaties and dispute mechanisms; bilateralism and the future of multilateralism in international intellectual property including the Australia–US Free Trade Agreement; and emerging issues likely to affect international intellectual property over the coming years – health and access to pharmaceuticals, access to and protection of genetic resources and biodiversity, protection of traditional knowledge, the possibility of harmonisation and the digital agenda.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Describe, evaluate and critically and creatively analyse the nature and scope of international IP laws and policies; |
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| 2. | Demonstrate a coherent and extensive knowledge of the latest developments in IP laws and policies at international and regional level; |
| 3. | Critically and creatively analyse the nature, role and scope of the major IP-related International Organisations; |
| 4. | Demonstrate a coherent and extensive knowledge of the implications of IP laws and policies in the real world; |
| 5. | Apply legal research skills and independent thought; |
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
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. (1.1) - Critical Analysis and Evaluation
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. (3.1) - Research Skills
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. (4.1) - Communication
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. (5.1)
Teaching and learning strategies
Strategy 1: Students’ Preparation for Learning
Students’ preparation, analysis and reflection are central to the learning in this subject. To ensure that each module provides the most effective learning experience, students complete prescribed reading and attempt prescribed questions before moving on to the next module. There is considerable reading required for this fast changing area and students need to ensure they allocate time to ‘make sense’ of the materials for each module and test their understanding by reflecting on and considering their responses to the questions for discussion in each module (see Canvas). In addition, recent cases, news reports, video clips and topical podcasts will also be posted to Canvas and also discussed in seminars. All learning resources including readings, module questions and other online sources are available on Canvas.
Strategy 2: Online participation
This subject is based on participation online. Online learning is active, discussion based and collaborative. Module discussion is based on a series of prescribed questions for each topic (via Canvas), which students reflect upon and answer. Students also participate online by sharing their reflections on topics, answering and asking questions, and responding to and debating with their peers’ views and interpretations. Such participation allows students to test their understanding of the topics, build upon their prior learning and practice their oral communication skills. Online participation provides students with an opportunity to also consolidate their understanding of the law and issues in the field, prepare their own in-depth research project design and present their initial findings to their peers.
Strategy 3: Collaborative problem solving and presentation activities
Students also work in small teams on a range of collaborative activities to help them develop and test their understanding. Students may work in teams of 3-4 students in order to collaboratively discuss a prescribed question and prepare and present advanced arguments/solutions to their peers. This activity enables students to identify and creatively reflect upon important contemporary issues relating to intellectual property and globalisation. Students have the opportunity to listen to recordings of various materials exploring contemporary issues in intellectual property and globalisation and in this way, further integrate their awareness and understanding of contemporary issues in global aspects of intellectual property and how these may be solved.
Students also present an outline of their research to their peers online. This provides an opportunity for students to share their research, further develop their communication skills, and receive feedback (see Strategy 4 below) on the progress of their research.
Strategy 4: Feedback
Students have the opportunity to receive on-going feedback from the teacher and their peers on their understanding of the materials through regular online participation. Students’ preparation, responses to discussion questions, and participation in online discussions, form an important part of their learning and enable students to practise and test their capacity to apply relevant legal frameworks to resolve issues relating to global aspects of intellectual property, and develop their communication and self-management skills. Students present an outline of their research project online in order to receive extensive individual feedback on their research project from peers and the teacher.
Strategy 5: Independent research, reflection and feedback
Engaging with the research process requires students to investigate, evaluate, justify and apply a research methodology, which facilitates logical, original, persuasive and complex arguments in response to their research question. Students develop a research question, which addresses a legal, or policy issue related to intellectual property in a global context. Students develop and practise their research methodology skills in research activities that support them to make logical, original, persuasive and complex arguments in this area. The research task is broken down into three components and the first and second components, the preparation and presentation of a synopsis and of a research plan enable students to ensure that their research is on track and further develop and refine their arguments before completing their final research essay.
Subject Delivery: This subject is delivered in modules online. Discussion questions / case study will be provided for each Topic and each student will be required to provide a written analysis or contribute to a group response through CANVAS. The major assessment task involves a research project of the students design.
Content (topics)
- Theories of Globalisation
- The Institutions of Global IP and their treaties – WTO, WIPO, UN and UPOV
- Principles in Conflict – Bilateralism-multilateralism and the US-Australia FTA
- The history, nature and theoretical development of Intellectual Property Rights (IPR)
- The key international conventions and agreements
- IPR and Development - TRIPs Compliance and the case of China
- The Biodiversity Convention and IPR – the patenting of biological ‘inventions’
- Traditional Knowledge and Traditional Cultural Expressions
- Health and access to medicines
- Digital Convergence
Assessment
Assessment task 1: Class Participation
| Intent: | Class participation encourages active engagement with weekly modules, and develops confidence in communicating reasoned arguments and application of concepts and knowledge with peers. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 20% |
| Criteria: |
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Assessment task 2: Research (Research Proposal 10% Research Essay 50%)
| Intent: | This task shows the individuals requisite legal knowledge on IP laws and policies, and their capability of critical thinking and analysis. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 60% |
| Length: | ASSESSMENT TASK 2 PART A: Research Essay Proposal 500 words (excluding footnotes and bibliography) The word limit will be strictly enforced. ASSESSMENT TASK 2 PART B: Research Essay 3000 word limit (excluding footnotes and bibliography) A penalty of 5% of the result will be imposed for each 100 words that the essay exceeds the 3000-word limit. The word limit will be strictly enforced. |
Assessment task 3: Research Presentation
| Intent: | This task shows the individual s understanding of basic IP concepts, principles, as well as current international IPR regime. This task also displays the presenter s ability to explain crucial international IP laws and policy issues, and their ability to lead discussion on the topic and to apply critical thinking. |
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| Objective(s): | This task addresses the following subject learning objectives: 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
| Weight: | 20% |
| Criteria: |
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Required texts
Selected Reading Materials are listed after every topic in the Subject.
If a weblink has not been provided for a document then the article should be available in the Reading List.
Access to the Reading List is on the Canvas site for this subject can be obtained via the following link:
https://canvas.uts.edu.au/courses/19839/external_tools/3222
Recommended texts
These readings are suggested and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources.
- D.J. Gervais (Eds), Intellectual Property, Trade and Development, Oxford University Press, 2014.
- M. Finger and P. Schuler (Eds), Poor People’s Knowledge: Promoting Intellectual Property in Developing Countries, World Bank and Oxford University Press, 2003.
- S. Sell, Private Power, Public Law: The Globalization of Intellectual Property Rights, Cambridge University Press, 2003.
- P. Drahos and R. Mayne (Eds), Global Intellectual Property Rights: Knowledge Access and Development, Palgrave Macmillan, 2002.
- D. Matthews, Globalising Intellectual Property Rights: The TRIPs Agreement, Routledge, London, 2002.
- C. Correa, Intellectual Property Rights, the WTO and Developing Countries: The TRIPS Agreement and Policy Options, London, Zed Books, 2000.
Other resources
In addition, there are, of course, a wide range of journals with articles of interest as well as interesting websites, notably those of the intellectual property agencies in various jurisdictions, equivalent to Australia's IP Australia, as well as the international bodies. See for example: