This subject relates to the cultural, economic and legal implications of the concept of 'appropriation' in art.In this subject, there will be a study of a variety of cases, articles, and book excerpts from all over the world that discuss the concept of appropriation from a cultural and from a legal point of view as well as their implications for the future. Special attention will be paid to a variety of topics, including post modern and protest art movements, intellectual property, the role of technology and indigenous concerns.

Principal topics include:

• Postmodern art and theory
• Intellectual property
• Cultural property
• Trademark law
• Indigenous studies
• Advertising
• Freedom of expression.

Historically a computer was “programmed” by a human utilising a precise set of instructions. Within this paradigm the computer was able to “process” information “fed” to it and produce a particular output based on such programming and information.

The human input was clear and transparent. As artificial intelligence (AI) has evolved in concert with the internet, cloud computing, big data gathering, data storage and data processing capabilities and the ubiquitous uptake of interactive smartphones and other “smart” devices, the relationship between the computer and direct and immediate human stewardship or control of outputs has become less readily identifiable. In turn this has given rise to significant legal issues.

There are substantial legal implications of AI which require ongoing, flexible and informed responses from lawyers and legal policy makers. This subject seeks to inform practicing lawyers, legal policy makers and non-lawyers in respect of those issues and how they might be dealt with.

Principal topics include:

• Introduction to AI. What is AI? Where is AI headed?
• The legal issues raised by AI
• The ethical issues raised by AI and particular applications of AI
• Overview of current AI legal reviews underway in the USA, EU and UK and Australia’s response to these reviews
• Intellectual property issues raised by AI
• Criminal liability in respect of AI
• Civil legal liability – examination of who is (or should be) responsible/liable for AI caused loss and harm.
• Mandatory insurance schemes for loss or damage caused by autonomous robots or AI
• The legal regimes governing use of AI in security, law enforcement and military contexts
• Privacy and confidentiality implications of AI

The high-tech sector represents an increasingly important part of the world economy and is challenging the boundaries of orthodox competition law rules and approaches. Many of the most significant cases adjudicated by competition authorities around the world involve high-tech corporations (Microsoft, Intel, Google, Apple, etc). The high-tech industry is highly dynamic and raises particularly complex issues that need to be addressed by competition lawyers. This subject will grapple with these issues at a sophisticated level so that students understand the complex legal and economic challenges raised by the new economy. The lecturer is one of the world’s leading experts in this field. He has been involved in some of the most significant high-tech cases as a partner in international law firms in Europe, as an expert witness in numerous arbitration and litigation proceedings, and as an academic, currently with posts at Tilburg University, George Mason University and University College London.

Principal topics include:

• The role of innovation as a goal of competition law
• The influence of dynamic efficiency in competition law rule design and application, including in the areas of market definition, merger review and exemptions
• The intersection between competition law and intellectual property rights, specifically as it arises in the high-tech sector
• The intersection between competition law, consumer protection and privacy law, specifically as it arises in the high-tech sector
• Competition law issues in multi-sided markets, including, for instance, search engines and the internet economy
• Competition law issues raised by disruptive business models, such as Uber and Airbnb
• Major cases, including the United States and European Union Microsoft cases, the EU Qualcomm case, the US Apple e-book case and the EU Google case.

Intellectual property rights support innovation through the offer of a temporary 'monopoly’ to creators and inventors. However, such rights can also impede competition and downstream innovation. Poorly designed intellectual property rules can help rights holders obstruct new players by impeding their access to technology and content. A carefully designed and dynamic intellectual property system can, by contrast, promote competition and enable follow-on innovation. The interaction of intellectual property and competition law is especially crucial here. Taught by two experts in the fields of competition law and intellectual property, this subject examines how competition law regulates intellectual property and vice versa. Relevant Australian and comparable law will be examined, along with case studies in topical areas such as platform liability, big data, file-sharing and luxury brands.

This subject provides an examination of the interface between the legal property rights created by intellectual property statutes and at common law, and the body of law that controls and regulates anti-competitive practices.

Principal topics include:

• Policy goals of intellectual property and competition law
• Regulatory approaches and law reform
• Limitations and controls placed over the grant, subsistence, scope and infringement of intellectual property rights under statutory and common law regimes
• Part IV of the Competition and Consumer Act 2010 (Cth)
• Dealings in intellectual property under intellectual property and competition statutes.
• Statutory and compulsory licensing, and remedies

The subject explores this Australian intellectual property regime in predominantly black-letter terms. It asks students to consider the doctrinal issues implicated by the various aspects of copyright law: subsistence, ownership, infringement, exceptions to infringement and remedies. Also integrated with the curriculum are moral and performers' rights, and the treatment of internet service provider liability as an intermediary between copyright owner and infringer. The subject is structured within an international framework, explaining the importance of treaty norms and with selective use of comparative law.

Principal topics include:

• The evolution and theory of the national and international copyright system
• The material protected by copyright
• The duration of protection
• The rights granted by copyright
• Infringement of copyright, including defences and available remedies
• Ownership, licensing and assignment of copyright
• Moral rights and their infringement
• Copyright law in international perspective.

Design plays a critical role in the production and marketing of goods. Adequate protection of designs is important in order to encourage the creation of innovative products and thus enhance the Australian and New Zealand economies. This subject is primarily concerned with the laws in both countries. It will focus first on the registered regimes for protecting designs under the Designs Act 2003 (Cth) and parts of the Designs Act 1906 (Cth), as well as the protection of designs as original artistic works under the Copyright Act 1968 (Cth). It will then deal with the differences of law and practice that arise under the Designs Act 1953 (NZ) and the Copyright Act 1994 (NZ).

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group I’.

Principal topics include:

• Registrable designs: definition of design and registrability requirements
• Application and registration procedures and Designs Office practice
• Duration of registration and removal procedures
• Registration, examination, certification and infringement
• Defences to, and remedies for, infringement
• Validity and infringement of designs registered under the Designs Act 1906 (Cth)
• Ownership, transfer and exploitation of design rights
• Rectification and correction of the Register
• Artistic works protected by copyright and the designs/copyright overlap
• Relationship of designs protection to innovation patents under the Patents Act 1990
• The treatment of registered designs under New Zealand law and the availability of copyright protection for designs under New Zealand law
• International conventions and the protection of designs.

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Joshua P Meltzer is a Senior Fellow at the Brookings Institution in Washington DC and adjunct professor at the Johns Hopkins School for Advanced International Studies where he teaches international trade law. He is a leading scholar on digital trade issues, consults governments, the World Bank and the World Economic Forum and was appointed an expert witness in digital trade and privacy litigation.

Principal topics include:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

This subject examines some legal aspects of a modern entertainment industry – in particular, contractual arrangements and intellectual property rights, as well as publicity and privacy rights. Particular reference will be made to the United States, home of the largest entertainment industry in the world, and Australia, which of course has its own important entertainment industry, but other countries will also be considered. The focus will be both on the written law (with an emphasis on legal development and policy) and the law as it is practised, with the latter part of the course devoted to a contract negotiation exercise. Cases and examples will mostly come from the fields of music, book publishing, the visual and performing arts and live theatre.

Principal topics include:

• The entertainment industry and measures of social value; stakeholders within and outside the industry; need for law; range of relevant laws
• Intellectual property and misappropriation: copyright and neighbouring rights, moral rights, trade mark rights, publicity rights, passing off, trade secret protection and unfair competition
• Contracting in the entertainment industry: licensing, joint ventures, examples of contracts in use (such as book publishing, music touring, character merchandising), and processes and strategies adopted in negotiation
• Expansion of rights: technological developments, sui generis or incremental responses, United States and Anglo-Australian approaches
• Privacy and related issues: implications for industry practice and entertainers
• Practical exercises on negotiation and drafting book and merchandising contracts (explored in a workshop environment).

Esports refers to competitive video gaming, often in the form of professional events (league competitions, tournaments, championships or battle/match) and typically between sponsored gamers or teams. In the past decade, esports’s business model has developed rapidly from one initially based on individual game publishers to the contemporary multi-stakeholder industry that is projected to have revenues of Aus$2 billion in 2022 and a fan base on over a 1 billion in the same year. Esports leagues and franchises are now aligned with leading global sports entities such as the NBA and FIFA and it is in line to be included in future Olympic Games. This rapid growth and investment from traditional sports has not always been accompanied by adequate governance structures or legal protections for investors, sponsors or players. Being the first of its kind and delivered by experts in the industry and in sports law, the subject reviews the legal challenges and opportunities ahead for esports as an innovative and important revenue stream of the sports industry domestically and abroad.

This subject provides a critical examination of the development and current scope of esports as an industry and with respect to its current and future governance and legal obligations both domestically and globally as informed by a comparative approach.

Principal topics include:

• An introduction to the esports ecosystem
• Stakeholder overview: publishers; event organisers; league operators; teams and organisations; players; talent and content creators; fans
• Governing control in esports: software IP and license agreements
• esports mega events
• Regulating the esports scene; gambling and integrity; player rights and unionisation; diversity and inclusion; pathways into pro gaming.

This subject provides an outline of some of the more important or notable features of European intellectual property (IP) regimes and reform proposals, selected either for their unique nature or their comparative relevance to Australian law. The subject will deal with a variety of sources of European IP law, including: European Union (EU) Directives and Regulations on or relating to IP; non-EU IP treaties (such as the European Patent Convention), and domestic IP law in European countries, in particular the United Kingdom, Germany and France.

Principal topics will include:

• An overview of the European IP regime
• The European patent system under the European Patent Convention and the European unitary patent initiative
• Key features of European patent law: patentable subject matter (including the impacts of the 1998 EU Biotechnology Directive); claim construction, inventive step and sufficiency/claim support
• The EU supplementary protection certificate (SPC) system
• EU laws specifically protecting databases and software, and the ramifications of those protections upon copyright protection generally
• European legal protections of authors’ moral rights
• European graduated response initiatives directed at internet-based copyright infringement
• The registered and unregistered European Community designs regimes
• The relationship between European designs and artistic copyright protection
• European laws extending trade mark protection to mark dilution and unfair advantage
• Internet-related trade mark infringement in settings such as online marketplaces and search engines
• Trade mark issues relating to comparative advertising and parallel importation
• The interface between the European IP regime and European competition/free trade protections, in particular the question of exhaustion of rights within the EU.

Fundamentals of Intellectual Property provides a good introduction to intellectual property (IP) for students wishing to pursue more specialised graduate studies in this area. It also provides a general overview of IP law for students who are seeking this as part of an overall commercial and trade law program.

The objective of this subject is to provide an introduction to, and general overview of, the various Australian and New Zealand legal regimes protecting IP. IP laws, including those with respect to patents, designs and copyright, are directed at the encouragement and protection of innovations in science, technology and cultural products. They also operate, through the laws of trade marks and unfair competition, to provide protection for the later stages of development at which these innovations are disseminated and marketed. There is a potential for conflict between these laws and competition laws, and this interface will be discussed, together with an introduction to the international framework of treaties under which the owners of IP rights (IPRs) from one country can seek protection in another.

Completion of the first day of this subject (Overview of Intellectual Property one day seminar) meets the requirements of the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group A2’.

Note: If you enrol in Fundamentals of Intellectual Property (LAWS90125), you do not need to enrol in Overview of Intellectual Property.

Principal topics include:

• Introduction to the concept of and rationales for IPRs
• Models used for the protection of IP (the patent model, the copyright model and variations of both)
• Patents for invention, including:
  • Registration process
  • Subject matter
  • Conditions for protection
  • Exclusive rights and infringement
  • Defences
  • Innovation patents
• Protection of confidential information and trade secrets under general law
• Registered designs
• Copyright and allied rights, including:
  • Subject matter protected - works and other subject matter
  • Conditions for protection
  • Duration
  • Exclusive rights
  • Exceptions
  • Licensing and exploitation
• Trade marks and unfair competition
  • Protection for unregistered marks and other indicia through common law and equity
  • Protection for registered marks
• Sui generis regimes of protection: geographic indications, plant breeder's rights, circuit layouts and other systems of protection
• International treaty framework for IPRs
• IPRs and competition law.

This subject teaches students the fundamental principles and basic skills of drafting patent specifications. It does so through a combination of in-class instruction sessions on a range of topics, in-class drafting exercises with review sessions, and out-of-class drafting exercises with tutorial review sessions. Students are assessed by two practical assessment tasks, undertaken individually outside the classroom. Passing the subject will satisfy the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for Topic Group G: Drafting patent specifications. The lecturers for this subject include a number of practising patent attorneys with substantial experience teaching drafting skills.

Principal topics include:

• History and nature of specifications and claims
• Approaches to claim drafting
• Interpreting claims
• Drafting basic claims
• Drafting product claims with reference to prior art
• Drafting process and method claims
• Preparing a description
• Consequences of drafting.

This subject will evaluate a range of policies and green technologies that have been adopted as part of the emerging global effort to mitigate emissions of greenhouse gases associated with climate change. It will examine the legal, economic, and policy dimensions of efforts to promote the development and diffusion of green technologies, emphasising the role of market-based mechanisms and patent rights. The subject will focus on policy developments in the United States, Europe, and Australia, and will assess the merits of different policy instruments (eg, patents, renewable-energy portfolio standards, tax breaks, direct subsidies, prizes) as means of overcoming the barriers to development and deployment of green technologies. A series of technology-specific case studies will be discussed, with technologies including renewable sources of electricity, biofuels used in transportation, green building, and carbon capture and sequestration. The subject will utilise in-class exercises, including green technology pitches, a simulated trading regime and structured policy debates. Students should note that traditional regulation of fossil fuels and economic regulation in the electricity sector will not be covered.

Principal topics include:

• Green technology - barriers and opportunities
• Economics of positive and negative externalities
• Traditional environmental regulation and innovation
• Pitfalls and promise of policy portfolios built around pollution trading regimes
• Renewable energy policies
• Policy myths and realities of grey technologies.

Information technology is critical to almost all modern organisations and processes. The development, acquisition and use of such technology raises a myriad of complex legal issues extending beyond conventional contractual issues and includes ownership rights, rights of use and risk management. This subject explores those issues with a particular emphasis on contracting and intellectual property issues associated with the development and sourcing of information technology products and services. Both lecturers are information technology lawyers with extensive practical experience acting for both providers and purchasers of such products and services.

Principal topics include:

• Overview of information technology and the Australian information technology development industry
• Roles and relationships of the various parties to information technology agreements
• Copyright protection afforded to technology products and services, including online products and services
• Open source licensing arrangements
• Patent protection afforded to information technology products and services
• Employees and contractor rights and obligations in the context of the creation and development of information technology
• Software creation, development and exploitation
• Network management, security and maintenance
• Cloud services: risks and liability
• Database and content management issues
• Privacy issues associated with the development and use of information technology goods and services
• Risk allocation and management of information technology contracts (including insurance and escrow arrangements).

The practice of intellectual property (IP) dispute resolution has a number of special features which mark it out from general civil litigation. Obtaining (or resisting) interim remedies can be crucial. IP disputes can take place in non-court settings – e.g. in opposition proceedings before IP Australia – and so may be heard by a non-legally qualified decision-maker. The disputes can – and in the case of patents, invariably will – concern technology. Careful and persuasive explanation of the technology will be required, especially before a tribunal without a scientific training. IP disputes can require specific evidence-gathering – such as experiments and surveys, and special approaches to discovery – for which particular rules and practices have developed. Expert witnesses of the highest calibre often give evidence. Challenging a Nobel Laureate on his or her own subject may be required, and the legal team has to prepare for that. IP disputes are often highly international in nature. Essentially the same dispute can be litigated in numerous jurisdictions, constraining the presentation of the case and generating foreign decisions on the same case. The ability to compare and contrast Common Law and Civil Code systems is useful.

Through a combination of instruction and hands-on application, this subject teaches and develops the skills and practices of advocacy and evidence-gathering used across the range of IP disputes.

Intellectual property (IP) occupies a central, if actively contested, place in international trade relations. The world's two largest trading nations, China and the United States, are seemingly at loggerheads over how effectively IP should be protected. Australia recently defended its tobacco plain packaging measures against complaints from four developing nations over how to reconcile IP protection with the pursuit of the wider policy goal of public health. Disputes over IP now seem inevitable, as the interests lying behind this once recondite, technical area come to the fore in assessments of national economic and policy interests. But will these disputes be managed within the framework of the rule of law, or does economic and political power ultimately prevail? This is not a new question. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organization (WTO) system of multilateral trade law, in the form of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by the World Intellectual Property Organization (WIPO).

Yet TRIPS was followed by a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result is an intricate array of overlapping substantive standards and parallel forums for dispute settlement. And the very notion of settling disputes with reference to a stable and agreed body of law faces a direct challenge. This subject enables the student to navigate this complex legal landscape and to deal with its consequences from the point of view of dispute settlement practice, from the perspective of legal principle and public policy impact, and in terms of international governance and the management of trade and political relations. This will cover key international cases, strategies for treaty interpretation and approaches to reconciling IP protection with other policy imperatives and with other legal and regulatory systems.

The lecturer offers insights from extensive experience as a senior official in both the WTO and WIPO, as an Australian official engaged in litigation and negotiation, as practitioner of IP law, and as a legal and policy analyst and scholar.

Principal topics include:

• A practical anatomy of international intellectual property conventions, standards and institutions, from the creation of the major multilateral systems within WIPO and the WTO, to the current trend towards bilateral and regional deals
• The political economy of international intellectual property: the economic, political and technological factors driving disputation over IP and the creation of competing dispute settlement mechanisms, and the contemporary challenges for the continuing rule of law as the basis for containing and resolving disputes
• The core principles of international IP law: IP principles and the idea of 'balance', the preservation of 'space’ for domestic law and policy, the integration of trade law and public policy principles into international IP law, and integrating human rights perspective into readings of IP conventions.
• The distinctive features of international IP dispute settlement: cause of action, sources of law, remedies and challenges for treaty interpretation
• Dispute settlement practice and emerging TRIPS Agreement jurisprudence under the WTO: a survey of TRIPS disputes and the use of TRIPS in cross retaliation, and a close analysis of landmark disputes, including the recent tobacco plain packaging cases
• The evolving architecture of bilateral and regional trade and investment agreements covering IP: the practical implications for treaty interpretation, for the initiation, management and settlement of IP disputes in multiple fora, and for domestic law and policy
• Compliance and monitoring of compliance: the institutional mechanisms, and the sources of information for practitioners and government officials, for legal and policy analysts and for scholars.

Over the past two decades, the protection of intellectual property rights (IPRs) globally has become a major issue both for right holders and users, and one that has had profound implications in a number of important areas of public discourse, such as international trade, public health, education and research, national development and the promotion of biodiversity. This subject seeks to engage with all these issues, and begins with a discussion of the sources of international intellectual property (IP) law, including the principal IP treaties and the general architecture of the international IP system. It then considers a number of case studies where particular IP issues arise and where international solutions are presently being negotiated. It will also examine the growing tension between the territoriality of IPRs and the global scope of IP exploitation, considering how this clash plays out in the key area of private international law. Both lecturers have had extensive experience in international intellectual property matters, and bring to the subject both academic and practical perspectives that add greatly to its interest and relevance.

This subject consists of a survey of the economic, legal and political elements and forces that shape the international IP system.

Principal topics include:

• Introduction to the international IP system, including the main producers and owners of IP, the institutional architecture and the treaty system, including those administered by the World Intellectual Property Organization and the World Trade Organization (notably the Agreement on Trade-Related Aspects of Intellectual Property Rights), and the emergence of bilateral and regional trade and investment protection treaties that have an impact on the protection of IP rights
• Instruments and strategies for obtaining protection internationally—the Patent Cooperation Treaty, Madrid System, Hague System and regional systems
• Human rights, IP and the development agenda
• IPRs and public health
• IPRs and food security
• Biotechnology, access to genetic resources and traditional knowledge
• Access to knowledge
• The protection of names, marks and other identifiers and content, with particular reference to the internet
• Dispute settlement and private international law issues.

International Legal Internship allows students to gain credit for undertaking advanced legal research and analysis on an approved international internship of at least eight weeks of full-time work in an approved international institution or organisation. This subject is focused on providing students with an opportunity to engage with legal and policy issues in contemporary society through work experience and further develop oral and written communication skills. Students are required to secure and fund their internships personally.

Students are encouraged to discuss their internship proposals with the subject coordinators. Students who successfully enrol in International Legal Internship must arrange a meeting with at least one of the subject coordinators both prior to their internship and upon completion, to develop a better understanding of research and the role of international institutions in international law and relations.

The internet turns 27 in 2018, and remains the fastest-growing medium of communications. It is also a uniquely democratic means of communication, blurring the traditional boundaries between publisher and reader. It has created unparalleled opportunities for sharing, fully duplex peer communications and novel types of social media. Nevertheless, the legal rules governing it remain unsettled and are arguably too old-fashioned for the modern environment. These developing legal rules and norms are the focus of this subject. These issues are explored in the context of liability for infringement of copyright and breaches of privacy, defamation and obscenity in respect of the publication of material online.

Principal topics include:

• Overview of technology and avenues of distribution
• Copyright and allied rights in online services
• Regulation of transnational online products and services
• Defamation
• Privacy
• Obscenity and other criminal liability for publication
• Conflict of law
• Intermediary liability
• Theoretical issues such as the nature of democratic governance in a borderless world, regulatory arbitrage and the appropriate basis for liability where internet businesses encourage others to offend.

Reading and interpreting patent specifications is a central part of a patent attorney's daily practice. It is also a critical feature of any patent litigation where both sides will be competing for alternative interpretations that favour their client. This subject is intended to hone these skills of analysis and interpretation, working on the basic legal principles that students seeking Trans-Tasman IP Attorneys Board (TTIPAB)accreditation have already obtained through their study of patent law and patent practice. It is taught by experienced attorneys and litigators, and meets the TTIPAB requirements for 'Topic Group H'.

This subject will be conducted with a number of case studies carried out by a team of practitioners to develop skills in the application of the rules of interpretation to patent specifications and in the application of Australian and New Zealand patent laws.

Principal topics include:

• The validity of Australian and New Zealand patents and patent applications under the provisions of Australian and New Zealand laws concerned with support, sufficiency of description and utility
• The validity of Australian and New Zealand patents and patent applications in the light of prior art information supplied, including through prior published specifications and prior user
• The scope for making amendments to patent applications
• The infringement of Australian and New Zealand patents by a competitor's product or process.

This subject will examine ways in which law is affecting, and being affected by, the latest advances in medical technology. It will cover a variety of fascinating technologies including genetic, big data analytics, regenerative, therapeutic, artificial intelligence and reproductive technologies. It challenges students to think not only about the future of medicine, but the future of human life itself. Are legal systems dealing with these issues in adequate, legitimate, and strategic ways?

Significantly, the course is not simply for medical lawyers. The syllabus weaves specific technological case-studies with important cross-cutting themes drawn from regulation theory, law reform, and applied philosophy. Those themes are organised so as to provide a framework for critical thinking about regulatory reform and the role of law, lawyers and the medical profession in this process. The themes also impart knowledge and skills relevant to a wide range of industries where law must deal with substantial scientific uncertainty and ethical controversy. Students with interests in privacy, human rights, tort law, IT governance, artificial intelligence, science and technology, family law, and risk regulation are all catered for.

The subject will not be limited to any particular jurisdiction, but focusses on Australian and European law and draws widely on world events. It will be taught by Dr Kathleen Liddell, Director of the Centre for Law, Medicine and Life Sciences (Cambridge) who has more than 20 years’ experience in academia, legal practice, law reform, policy advice and ethical analysis.

Principal topics include:

• Human enhancement, cryogenics and other controversial scientific techniques
• Reproductive technologies ‘old and ‘new’ including IVF, embryo selection, artificial gametes, womb transplants and ectogenesis
• ‘Big data’, data analytics, AI and machine-based learning in healthcare
• Genetic technology, gene editing and personalised medicine
• Future therapeutics
• Regenerative medicine including organ transplants and human stem cell treatments
• Other topical issues that arise while the subject is being taught.

Cross-cutting themes include:

• Challenges of uncertainty, ambiguity, transformative potential and technological ‘drivers’
• ‘Ladders’ of regulatory intervention
• Phases in the maturation of health technology regulation
• Bioethical debates surrounding utility, autonomy, best interests and the public interest
• Limits of informed consent and paternalism as regulatory devices
• Regulatory ‘tourism’
• The purpose and impact of public engagement
• Other recurrent ethical and social issues such as technological exceptionalism and moral relativism
• Different policymaking cultures
• Incentives for innovation with a particular focus on cutting-edge issues in patent law

Science and technology are at the heart of many of the most pressing legal and social problems of our day: disease prevention, bioethics, big data, state and corporate surveillance, the regulation of military technologies, and so on. This subject invites students to consider the common challenges of law, policy and public discourse posed by problems of this sort, at both the domestic and international level. In doing so, it asks: how do scientific discoveries and their technological applications shape our legal and social worlds? And how do law and society affect scientific and technological developments in turn?

The overall aim is to equip students coming from diverse backgrounds, training and experience with the analytical and critical tools necessary to understand and respond to complex questions of science and technology in all their legal, social, (geo)political, ethical, and cultural dimensions.

The lecturer undertakes research and advocacy in this area and was recently a visiting fellow at the Harvard Program on Science, Technology and Society.

Principal topics include:

• Science and technology studies as a field
• The relationship between ‘law’, ‘science’, ‘technology’ and ‘society’ as concepts and fields of practice
• Biotechnology and bioethics
• Drug patents and disease prevention
• Big data and global surveillance
• Military technologies
• Public discourse around science and technology
• The future: advocacy, law reform and other critical encounters between law, science, technology and society.

Technology transfer is a term used to describe the process by which skills, knowledge and intellectual property rights are moved from one person or organisation to another. Governments and businesses around the world now recognise the fundamental importance of innovation and the commercialisation of new technologies to economic prosperity. Here, technology transfer and in particular intellectual property licensing have a vital role. This subject looks at the legal and commercial issues relevant to technology transfer, with a focus on intellectual property licensing and the negotiation of licence agreements. The subject also includes the licensing of trade marks and software.

The subject lecturers have worked in the field of technology transfer for many years and bring practical perspectives to the topics covered.

Principal topics include:

• Licensing of:
  • Patents and know-how
  • Trade marks, including franchise agreements
  • Copyright, including computer software
• Impact of competition laws
• Payments and taxes
• Contractual and commercial issues
• Negotiation of licence agreements.

For at least 400 years, patent law has been the primary regulatory mechanism for optimising innovation. With more than two million patent applications filed annually around the world, the patent system is both highly complex and of great economic importance. This subject provides the foundational knowledge necessary for a professional understanding of patent law and the patent system. It does so through a combination of instructional sessions and hands-on workshop sessions. These provide students with a detailed understanding of the principles of patent law, with a particular focus on the requirements for the grant of a valid patent, and for infringement of a patent, under Australian and New Zealand law. In the workshop sessions, students apply the principles of patent validity and patent infringement to actual prior art, patent claims and infringing embodiments. The focus of teaching will be on Australian law, with the differences between this and New Zealand law identified and explored throughout the delivery of the subject. Successful completion of this subject satisfies the knowledge requirements specified by the Trans-Tasman IP Attorneys Board (TTIPAB) for ‘Topic Group E’.

Principal topics include:

• Rationales for and alternatives to patents
• Trade secrets protection (breach of confidence)
• Patentable subject matter
• Requirements for patentability – novelty, inventive step and utility
• Specification requirements – clarity, support, disclosure and best method
• Fraud, false suggestion and misrepresentation
• Infringement, defences and remedies
• Inventorship, entitlement and ownership
• Duration and commercialisation of patent rights
• Future of the patent system.

This subject follows on from Patent Law (which is a prerequisite) and provides students with the basic knowledge and skills required for the filing, prosecution and maintenance of an application for protection under the Australian and New Zealand patents legislation, for both local and international inventions. The lecturers are a team of experienced patent attorneys and patent lawyers. The subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for 'Topic Group F’.

Principal topics include:

• Australian patent legislation and practice
  • Patents Act 1990; Patents Regulations 1991
  • Kinds of patent application: provisional, complete, standard, divisional, patent of addition, PCT national phase, convention, and innovation
  • Patent application filing and prosecution: searching, filing, examination, opposition, grounds, practice and procedures, grant and re-examination
  • Amendment of patent specifications and other documents: allowable amendments, clerical errors and obvious mistakes
  • Duration of patent protection: continuation and renewal fee requirements, lapsing and cessation, restoration of rights and extensions of term for pharmaceutical patents
  • The Register of Patents: recordal of assignments, licences, mortgages and changes of name and amendments to the Register
• New Zealand patent legislation and practice
  • Patent Act 1953 and Patent Act 2013; Patent Regulation 1954 and Patent Regulation 2014
  • Key practice differences from Australia including transitional provisions between 1953 and 2013 Acts, patentability exclusions, divisional practice, examination deadlines, double patenting, poisonous priority, self-collision, and prosecution strategy
  • Patent practice: kinds of patent application, filing, examination, opposition, grounds, practice and procedures, grant and re-examination, amendment of patent specifications, continuation and renewal fee requirements, restoration of rights, recordal of assignments, licences, mortgages, and changes of name
• International conventions and agreements
• Patentability overseas
• Basic considerations of United States and European patent law
• Applications under the Patent Cooperation Treaty, filing applications, international phase and entry of national and regional phase
• Circuit layouts legislation (Circuit Layouts Act 1989 (Cth))
• Plant breeder's rights legislation (Plant Breeder's Rights Act 1994 (Cth))

Pharmaceuticals provide fundamentally important medical treatments, saving lives and alleviating suffering, but they are also mired in controversy. Patients and governments struggle to meet rising costs, and have to deal with medical conditions for which there are still no effective drugs. Companies complain about heavy regulatory burdens and sagging profits. What is the role of law in mediating these tensions? Does it do so successfully?

The subject will not be limited to a single jurisdiction, but focusses on Australian and European law and draws widely on world events. It will be taught by Dr Kathleen Liddell, Director of the Centre for Law, Medicine and Life Sciences (Cambridge) who has more than 20 years’ experience in academia, legal practice, law reform, policy advice and ethical analysis. Significantly, the subject is not solely for practicing lawyers in health and medical law. It is also suitable for doctors, research scientists, policymakers, industry executives, patent attorneys, and pharmacists.

This subject follows a medicine’s journey from a scientific idea through to the marketplace, clinic and (occasionally) courtroom. Along the way, we investigate the major legal and ethical issues affecting pharmaceuticals, including:

• criteria for market approval
• regulation of clinical trials
• intellectual property incentives
• controversies with pricing and competition in high income and low income countries
• safety monitoring
• compensation for injuries
• experimental therapies
• off-label prescribing
• direct to consumer advertising
• counterfeit medicines
• the looming crisis of antibiotic resistance
• future challenges such as genomic and ‘precision’ medicine.

Sponsorship announcements and media rights deals in sport can attract publicity like gold medals. The ingenuity of an ambush marketer may rival the game plan for an upset victory. This subject surveys the legal underpinnings of modern sports marketing and the role of the media, especially the new media, from the perspectives of key stakeholders: sports bodies, athletes, sponsors, the media and venue owners. Conflict between rights holders and those who claim commercial free speech at the fringe of official rights is analysed. This subject covers how specific new laws and increasingly intricate contractual allocation of rights aim to contain the ambusher. It will be of interest to lawyers, sports, marketing and media executives, and player agents. One lecturer is a barrister who has studied and written in the area, and the other is a lawyer who has served as in-house counsel for a public broadcaster for many years.

This subject considers the legal aspects of sports marketing and associated media in Australia. Attention is paid to the different legal needs of key stakeholders in sport. It involves assessing the impact on the legal environment of sports marketing and media rights in an era of increased commercialism and professionalism in sport, and of significant change in the technology of communication and marketing.

Principal topics include:

• The commercial environment of sports marketing
• Intellectual property and related legal principles as they apply to sports marketing: passing-off, copyright, designs, misleading or deceptive conduct, trade marks, trade names and internet domain names
• Laws promoting competition as they apply to sports marketing and the sale of media rights: restraint of trade at common law and restrictive trade practices under the Competition and Consumer Act 2010 (Cth)
• Olympic marketing arrangements and protection of Olympic insignia
• Athlete marketing rights, including personality rights, misleading or deceptive conduct and defamation
• Event, facility and organisation marketing, including rights to a spectacle
• Television and electronic media, including broadcast agreements, anti-siphoning laws, virtual advertising and regulation of alcoholic beverage advertising
• Regulation of tobacco advertising
• Principles of sponsorship agreements
• Ticketing.

This subject will address critical issues in the taxation treatment of activities relating to the development of new knowledge and products. Australia has a comprehensive but complex system that provides taxation concessions for expenditure on innovation, which this subject will examine in detail. The subject does not assume a tax background.

The general income tax and capital gains implications of income and expenditure in relation to the development of intellectual property, both domestically and internationally, will be considered. A key component of this subject is understanding the underlying policy drivers in Australia and other jurisdictions.

Principal topics include:

• What is research and development?
• The elements of intellectual property at general law and their impact on its taxation
• The source of intellectual property (IP) in an inter(net)connected world
• Research and development concessions and the regulatory regime
• The advantages of early stage innovation companies (ESICs) and early stage venture capital limited partnerships (ESVCLPs)
• The assessability of income from, and deductibility of expenditure on, the innovation of products and the development and exploitation of intellectual property
• The Base Erosion and Profit Shifting (BEPS)effect and transfer pricing of intellectual property
• Litigation of research and development disputes and their unique problems.

This subject builds on the material covered in the Trade Marks and Unfair Competition subject. Trade Mark Practice focusses on the procedures and practices of the Australian Trade Marks Office in obtaining and maintaining registered trademarks, and with the relevant aspects of New Zealand trade mark procedures and practice where these are different from those in Australia. This subject is thus particularly valuable for students wishing to prosecute trade mark applications through those offices. The rights, privileges and responsibilities of a patent attorney and a trade marks attorney are also covered in the wider context of attorneys’ professional conduct. The lecturers in the subject have extensive experience in the obtaining of trade mark registrations and the subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group B’ and ‘Topic Group D’.

The emphasis of this subject is on the documentation, procedures and practice of the Australian Trade Marks Office and the relevant aspects of New Zealand trade marks procedure and practice.

Principal topics include:

• The respective national offices, registers and official journals
• Determining the availability of a trade mark for use and registration, searching the Trade Marks Office database and other search options
• Applications for registration, including Madrid Protocol, Convention, divisional and series applications
• Examination and acceptance of applications
• Opposition to registration
• Initiating and opposing applications to remove a trade mark for non-use
• Amendment of applications and other documents; revocation post-registration
• Obtaining registration and renewal of registration
• Obtaining extensions of time
• New Zealand trade mark practice (relevant issues)
• Exploitation, including assignments and registration of security interests
• Parallel importations and Customs seizure
• International conventions and initiatives, and protecting trade marks in foreign countries
• The rights, privileges and professional responsibilities of a patent or trade mark attorney.

This subject is concerned with the laws in Australia and New Zealand that protect trade marks. Trade marks play a pivotal role in the marketing of goods and services, and generally are one of a trader‘s most valuable assets. The protection of trade marks is thus of critical importance to all traders but is also important to consumers, who rely on the information conveyed by trade marks. This subject concentrates on the trade mark protection regime provided by the Trade Marks Act 1995 (Cth), and involves a detailed study of the provisions of this Act and related case law, together with relevant aspects of the corresponding New Zealand laws and cases. The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth), and corresponding New Zealand statutory provisions, proscribing misleading and deceptive conduct are also covered.

This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group C’.

Principal topics include:

• The function of trade marks
• Registration of trade marks under Australian and New Zealand laws
• Infringement, defences and remedies
• Licensing and assignment, and other exploitation of trade marks
• Removal and cancellation of registration
• Management and maintenance of trade marks
• The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth) proscribing misleading and deceptive conduct and the corresponding provisions under New Zealand law
• Other protections for name and insignia, including the domain name system.

The subject will cover the relationship of statutory to constitutional norms, particularly with respect to US copyright’s accommodation of freedom of expression. The copyright 'Subject Matter' topic will include applied art and computer programs – works whose protection courts have not easily resolved. Ownership will focus on the peculiarities of the US works made for hire doctrine. The 'Formalities' topic will explore the extent to which formalities still condition the exercise of copyright in the US. The 'Exclusive Rights' topic will include analysis of the scope of rights in the online environment. The 'Exceptions' topic will concentrate on 'fair use', and will consider its 'portability' particularly in light of calls to incorporate 'fair use' into other countries’ copyright laws, including Australia’s. Remedies will address enforcement, including the liability of online service providers

Jane C Ginsburg is the Morton L Janklow Professor of Literary and Artistic Property Law at Columbia University in New York City, where she teaches copyright law, and is the author or co-author of many books and articles on US and international copyright law.

Principal topics include:

• Constitutional foundations of US copyright
• Subject matter of copyright
• Ownership of copyright
• Formalities
• Exclusive rights
• Exceptions
• Remedies.

Intellectual property is an increasingly contested field – both nationally and internationally. Different states’ intellectual property laws manifest different attitudes towards the defining policy tension in this field of law: how to encourage and reward innovative activity, while ensuring that intellectual property does not raise intolerable barriers to market entry or impede fundamental rights and freedoms. This subject provides an overview of key United States intellectual property doctrines, statutes and principles, and will help students understand some of the ways the United States addresses these issues through its intellectual property laws. Before taking up his joint positions of Professor of Law at Melbourne Law School and Chair in Private Law at Victoria University, Professor Austin directed the intellectual property program at the University of Arizona College of Law.

Principal topics will include:

• Copyright protection for data-rich products
• Prohibitions on copyright and trade mark protections for ‘useful articles’
• Work for hire rules in copyright
• The ‘fair use’ exception to copyright
• Indirect liability for copyright infringement
• Establishment of trade mark rights under state and federal laws, including ‘intent to use’ applications
• Trade mark infringement
• Forms of abandonment of trade marks, including by naked licensing
• Patentable subject matter and standards for patentability
• Scope of patent and trade secret rights
• Remedies.

This subject provides an in-depth overview of the fundamental principles of US patent law and practice. It is taught by a distinguished former US judge and practitioner who has had extensive practical experience in patent litigation in that country. It will be a subject of immediate interest and benefit to patent attorneys and lawyers who deal regularly with US-based clients.

Principal topics include:

• Patent eligibility, with particular emphasis on biotech and software patents
• Utility
• Anticipation and novelty (both before and under the America Invents Act)
• Non-obviousness, including secondary considerations and specific issues concerning chemical and biotech patents
• The specification and objective disclosure doctrines, claims and indefiniteness
• Prosecution, inventorship, inequitable conduct and post-grant procedures
• Infringement (literal infringement, doctrine of equivalents and indirect infringement)
• Equitable defences and remedies (injunctions, damages).