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LAW4342 · Patents and trade marks

Official Handbook

2026 Handbook6 credit pointsLevel 4Faculty of Law

Last checked: 23 Aug 2026 UTC

Overview

This unit involves a detailed consideration of patent law, trade mark law and, to a lesser extent, the law of unfair competition. Students will be required to comprehend the development of patent law over time and analyse patent specifications and claims. They will also examine trade mark law and critically consider trade mark law principles and policies.

Offerings

CampusTeaching periodMode
ClaytonSecond semesterTeaching activities are on-campus (ON-CAMPUS)

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

#AssessmentTypeWeightHurdle
1AssignmentWritten45%
2Written assessmentWritten55%

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

The Handbook lists no prerequisite, corequisite or prohibition for this unit.

Learning outcomes

  1. Interpret patent specifications and claims in the context of and simultaneous application of patent law.
  2. Understand and identify the policies behind patent law developments and recognise those policies in the context of Australian patent case law and legislation.
  3. Identify and critically evaluate the likelihood of any factual scenario involving contravention of the rights of patent and trade mark owners.
  4. Recognise the fundamental nature of trade marks and the means by which their legal protection operates in a sophisticated commercial environment.
  5. Both analyse and apply patent and trade mark legislation and case law so as to provide advice to owners and users of patents and trademark.
  6. Undertake a critical evaluation of the place of patent and trade mark law in a commercial environment and in the space of government regulatory activity that may conflict with the exploitation of that intellectual property.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

ActivityDuration
Seminars36 hours

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