LEGAL468-23B (TGA)

Intellectual Property

15 Points

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The University of Waikato
Academic Divisions
Division of Arts Law Psychology & Social Sciences
Te Piringa Faculty of Law Office
Te Piringa Faculty of Law

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

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What this paper is about

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This paper offers a study of the law of intellectual property in New Zealand, including the law of copyright, trade secrets, patents, designs, trademarks, fair-trading and passing off.
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How this paper will be taught

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LEGAL468 Intellectual Property Law is taught in B Trimester. The teaching component comprises one two-hour lecture per week. The paper is a FLEXI paper, and lectures will be given live on-site and streamed live via Zoom as well as recorded.

Selected lectures will be presented live in Hamilton and Tauranga (i.e. some lectures will be presented in Hamilton and some lectures may be presented in Tauranga).

Students enrolled in 400 or 500 level Law papers via the Tauranga Campus may attend Lectures either in person by taking advantage of the Kaimai Express, the free inter campus (Tauranga-Hamilton) university shuttle service, or online via Panopto in the same way that Lectures at other levels can be viewed.

Office Hours: 1-2pm Mondays, 11am-12pm on Fridays, by zoom and in person. Other appointment times are available by request.

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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, case law materials will be provided via the LEGAL468 Waikato Reading List - this is also linked to on Moodle - along with the PPTS for the relevant topics

Some further references 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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Learning Outcomes

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Students who successfully complete the course should be able to:

  • 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.
    Linked to the following assessments:
  • Understand some current international issues and debates relating to intellectual property protection
    Linked to the following assessments:
  • Understand the legal regimes for the protection of intellectual property in New Zealand
    Linked to the following assessments:
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Assessments

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How you will be assessed

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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. Assignment 1
18 Aug 2023
12:00 PM
33
  • Online: Submit through Moodle
2. Assignment 2
29 Sep 2023
12:00 PM
33
  • Online: Submit through Moodle
3. Final Test
13 Oct 2023
12:00 PM
33
  • Online: Submit through Moodle
4. Participation
1
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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