LAW5611 · Comparative issues in patent law

Overview

This unit will examine from an international and comparative perspective some fundamental questions that arise in patent law: - Why is a twenty-year monopoly in the form of a patent available for inventions? We will critically analyse this question with reference to the origins of patent laws and with reference to the varied past and present rationales that support patent protection; - What subject matter should patent law protect? In particular, it will focus on the challenges posed to patent law by new and emerging technologies in areas such as higher life forms, methods of medical and surgical treatment, business and financial systems and genetic materials; - Why can an inventor choose to keep an invention secret instead of seeking patent protection? We critically evaluate the justifications for inventors to have this choice; and - What balance should exist between a patentee's exclusive rights and the public domain? The unit will consider the obligations that relevant international treaties and conventions impose on member states in the design of their patent laws. Within the context of this international structure, it will immerse students in understanding and critically analysing how Australia and three other jurisdictions (selected from Canada, the United States of America, the European Union, the United Kingdom and New Zealand) approach the above questions. No technical background is required or expected, nor is any previous work in patent law needed.

Areas of study: Intellectual property law International and comparative law

Offerings

Assessment

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

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. Critically appraise the obligations that international treaties and conventions impose on member states; the challenges that these obligations present for the design of domestic patent and trade secrecy laws; and the manner in which domestic laws comply with these obligations.
2. Identify and evaluate the theoretical and policy concerns underpinning the patent system and its relationship with trade secret protection.
3. Critically analyse and evaluate, from a comparative perspective, national responses to each of the fundamental questions that this unit identifies for consideration.
4. Demonstrate advanced skills of independent research and critical analysis.
5. Communicate effectively both as individuals and as part of a group, both orally and in writing.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit comprise a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.