LEGAL468-19B (HAM)

Intellectual Property

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law
Faculty of Law Dean's Office

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Convenor(s)

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: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

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  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
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Paper Description

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A study of the law of intellectual property in New Zealand, including the law of copyright, trade secrets, patents, designs, trade marks, fair trading and passing off.

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Paper Structure

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Law of Intellectual Property is taught in the first semester. The teaching component comprises one two-hour lecture per week.

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Learning Outcomes

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Students who successfully complete the course should be able to:

  • Understand the legal regimes for the protection of intellectual property in New Zealand.
    Linked to the following assessments:
  • Understand and apply the New Zealand law of copyright, design protection, breach of confidence, patents, trade marks, and the law of passing off and fair trading as it relates to intellectual property law.
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  • Understand some current international issues and debates relating to intellectual property protection.
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Assessment

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Opinion
16 Aug 2019
5:00 PM
50
  • Online: Submit through Moodle
2. Take home test
14 Oct 2019
5:00 PM
50
  • Online: Submit through Moodle
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are required to purchase, for use in all law papers, a copy of Coppard, McLay, Murray & Orpin-Dowell New Zealand Law Style Guide (3rd ed, 2018). This is available from Bennetts.

In addition to the texts identified below, the Law Faculty requires that students purchase the course materials book(s) for this paper. These are available from Waikato Print.

Readings are either reproduced in the course materials books or are on course reserve in the Library. Some further reference to texts and cases will be given from time to time in lectures.

Texts:

Copyright Act 1994 (with amendments)

Patents Act 2013 (with amendments)

Trade Marks Act 2002 (with amendments)

Reference Books

Frankel, S and McLay, G Intellectual Property in New Zealand (2ed, 2011)

Frankel, S and Lai, J Patent Law and Policy (2016)

Intellectual Property in New Zealand: Copyright and Design. (1996-) Electronic Database version on Lexis Nexis website.

I Finch (ed) James & Wells Intellectual Property Law in New Zealand (3ed, 2017) and Electronic Database version: Brookers Intellectual Property Law in New Zealand

Kingsbury, A Butterworths Student Companion: Intellectual Property (2ed 2012)

Sumpter, Paul Intellectual Property Law: Principles in Practice (3ed, 2017)

Sumpter, Paul Trade Marks In Practice (4ed, 2018)

Todd, S (ed) The Law of Torts in New Zealand (8ed 2019)

The Laws of New Zealand “Intellectual Property”

New Zealand Intellectual Property Journal 1995-

Intellectual Property Office of New Zealand website: http://www.iponz.govt.nz

Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

The University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of the University of Waikato. To obtain such consent, please contact Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle.

If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.

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Workload

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Students should expect to spend 150 hours in total on this paper. In addition to lecture attendance, significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.

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Linkages to Other Papers

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This paper supplements the core law papers enhancing legal knowledge and legal skills, and links to other papers including those in property law, commercial law and tort law.

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Prerequisite(s)

Prerequisite papers: LEGAL103 and LEGAL104 or LAWS103.

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS468

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