Curriculum of the 10th Edition of the WIPO-QUT Master of ... · History, Organization and...

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QUEENSLAND UNIVERSITY OF TECHNOLOGY

Curriculum of the 10th Edition of the WIPO-QUT Master of Laws in Intellectual Property

(25 February to 25 October 2019) as at 17 September 2019 Venue: GP, C508 (in the Law Library)

Director of the Program: Professor Kamal Puri

Unit 1: LWN401 General Introduction to Intellectual Property

Unit Coordinator: Professor Kamal Puri

LWN401 Content Lecturer Time and Venue

Monday 25 Feb

Discussion of essential structural and administrative matters relating to the WIPO course

Professor Kamal Puri

09:30 -10:30 C508, GP Law Library

Monday 25 Feb

Official Launch of the 10th Edition by Professor John Humphrey, Executive Dean, Faculty of Law and Morning Tea

QUT Staff and IP Australia Officials

10:30 - 11:30 C508, GP Law Library

Monday 25 Feb

History, Organization and Activities of the World Intellectual Property Organization (WIPO)

Professor Kamal Puri on behalf of WIPO

11:30 - 13:00 C508, GP Law Library

Monday 25 Feb

Introduction to Australian Legal Sources and QUT law library resources

Dr. Quentin Pope, Liaison Librarian, QUT

14:00 - 16.00 C508, GP Law Library

Tuesday 26 Feb

The World of Intellectual Property Law: Introduction and overview of Intellectual Property Law (Patents, Trade Marks, Designs, Copyright and related rights, Confidential Information, Plant Variety Protection, Geographical Indications, Traditional Knowledge)


09:30 - 11:00 C508, GP Law Library


Tuesday 26 Feb

Sources and Main Principles of International Intellectual Property Law: The Paris Convention Principle of National Treatment

Principles of Independence

Right of Priority

Article 6ter

WIPO Consultant Mr. Tom Joyce UQ Visiting Academic

11:30 - 13:00 C508, GP Law Library

2 LWN401 Content Lecturer Time and Venue

Tuesday 26 Feb

IP in action and the role of IP registering authorities

IP Australia Official Mr Kevin Restrick (TBC)

14:00 - 16.00 C508, GP Law Library

Wednesday 27 Feb

The Economics of Intellectual Property Intellectual Property and Human Rights

WIPO Consultant Mr. Tom Joyce

09:30 -11.00 C508, GP Law Library

Wednesday 27 Feb

The TRIPS Agreement

Main Provisions Concerning IPRs Most Favoured Nation Principle


11.30 - 13:00 C508, GP Law Library

Wednesday 27 Feb

The TRIPS Agreement (Continued) WIPO Consultant Mr. Tom Joyce

14:00 - 16:00 C508, GP Law Library

Thursday 28 Feb

World Trade Organisation – Structure, Rules, Rights and Values


09:30 -11.00 C508, GP Law Library

Thursday 28 Feb

WIPO Development Agenda WIPO Consultant Mr. Tom Joyce

11:30 -13.00 C508, GP Law Library

Thursday 28 Feb

Recent Developments in the International IP System


14:00 - 16.00 C508, GP Law Library

Friday 1 March

Establishing research skills and research methodologies

Professor Matthew Rimmer, Faculty of Law, QUT

09:30 - 11:00 C508, GP Law Library

Friday 1 March

Taking IP to the Real World Mr. Michael Finney, Senior Associate, Colin Biggers & Paisley

11:30 -13.00 C508, GP Law Library

Friday 1 March

Presentation by Students Professor Kamal Puri

14:00 - 17.00 C508, GP Law Library

Assessment Class Presentation Friday 1 March – 15%

Take-home exam (Fri-Sun) 15-17 March – 35%

Research Paper (3,000 words) Deadline Wednesday 3 April – 50%

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LWN401 General Introduction to Intellectual Property Tutorials

Tutor: Brigitte Asprey


Monday 4 March

Introduction to the Australian Legal System (Professor Kamal Puri)

The Australian Parliamentary system, Courts, Appeal and

Review process, Common Law in Australia, Precedent,

Statutory Interpretation Group Debates

Professor Kamal Puri and Brigitte Asprey

09:30 - 13:30 C508, GP Law Library

5 March to 8 March 2019: Research and Take home Examination Preparation Week

LWN401 General Introduction to Intellectual Property Tutorials



Monday 11 March

Preparation for Take-home examination (Assessment 2)

Basics of legal research with an emphasis on Assessment 3

Guidelines on footnoting and Select Bibliography

(Template for synopses provided in advance for practical application of legal research. Students must attempt synopses which will be used in class for group discussion)

Brigitte Asprey 14:00 - 15:30 16:00 - 17:30 C508, GP Law Library

12 March to 14 March 2019: Research and Take home Examination Preparation (contd.)

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Unit 2: LWN402 Patents & Biotechnological Inventions

Unit Coordinator: Professor Bryan Mercurio


Monday 18 March

History, Philosophy and Economics of Patent Law


09:30 - 11:00 C508, GP Law Library

Monday 18 March

The Patent Application:

Specification

Preparation

International Classifications

Process of Obtaining Patent Rights:

Governing bodies including WIPO and National patent offices

National and regional applications including Australia, New Zealand, Europe and US

Mr. Alistair Smith, Patent Attorney, Partner, Davis Collison Cave, Sessional Lecturer

11:30 - 13:00 C508, GP Law Library

Monday 18 March

Innovation Patents; Utility Models Publication and Registration of Patents Opposition, Surrender, Revocation and Invalidity of Patents

Mr. Alistair Smith, Patent Attorney, Partner, Davis Collison Cave, Sessional Lecturer

14:00 - 16.00 C508, GP Law Library

Tuesday 19 March

Patentable Subject Matter:

Types of Inventions

Software patents (Alice), Business Methods (Bilski), Gene patenting (Myriad’s gene patenting case)

WIPO Consultant Professor Bryan Mercurio, Chinese University of Hong Kong, Hong Kong

09:30 - 11:00 C508, GP Law Library

Tuesday 19 March

Exclusions from Patentability:

Discoveries, Scientific Theories, Methods of Treatment for Humans or Animals, Prior Secret Use, Order Public and Morality

WIPO Consultant Professor Bryan Mercurio

11:30 - 13:00 C508, GP Law Library

Tuesday 19 March

Substantive conditions of patentability:

Novelty (including notion of disclosure)

Inventive Step or Non Obviousness

Industrial Application

Internal validity issues such as enablement and grace period for novelty

Ownership of Patents:

First to File vs. First to Invent

Inventions Made in the Course of Employment

Assignment and other relevant provisions re ownership including differences between ownership and inventorship

Joint Inventors


14:00 - 16.00 C508, GP Law Library

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Wednesday 20 March

Substantive conditions of patentability – continued


09:30 - 11:00 C508, GP Law Library

Wednesday 20 March

Scope of the Exclusive Rights conferred by Patents Term of Protection Exceptions and limitations to the Patents Rights: Exhaustion of Rights

Parallel Imports

Exceptions under TRIPS

Compulsory Licensing

Research Use (Research Exemption) Biotechnological Patents


11:30 - 13:00 C508, GP Law Library

Wednesday 20 March

Scope of the Exclusive Rights conferred by Patents – Continued


14:00 - 16.00 C508, GP Law Library

Thursday 21 March

Infringement and Enforcement of Patent Rights:

Claim Interpretation

Infringement Defences to Claims of Infringement:

Inequitable Conduct

Misuse


09:30 - 11:00 C508, GP Law Library

Thursday 21 March

Remedies Trade Secrets: The Relationship between Trade Secrets and Patent Protection


11:30 - 13:00 C508, GP Law Library

Thursday 21 March

IP Innovation and Technology Transfer - Fundamentals of IP License Agreements

Video conference on new development in WIPO – issues discussed in the Standing Committee on Patents


14:00 - 16.00 C508, GP Law Library

Friday 22 March

International treaties including Paris Convention and Patent Cooperation Treaty (PCT) International Patent Applications

Dr. Declan McKeveney, Patent & Trade Marks Attorney, Principal, Spruson & Ferguson Pty Ltd.

09:30 - 11:00 C508, GP Law Library

Friday 22 March

Patent Office Practice Dr. Declan McKeveney Patent & Trade Marks Attorney, Principal, Spruson & Ferguson Pty Ltd.

11:30-13:00 C508, GP Law Library

Friday 22 March

Presentation by Students


14:00-15:00 Coffee Break 15:30-17:00 C508, GP Law Library

Assessment Oral Presentations Friday 22 March – 15%

Take-home examination (Sat-Mon) 5-7 April – 35%

Research Paper (3,500 words) Deadline Thursday 18 April – 50%

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25 March to 12 April 2019: Research and Take home Examination Preparation

LWN402 Patents & Biotechnological Inventions Tutorials



Friday 29 March

Special Guest Lecture by Dr. Tony Davis on “Patentable subject matter in Biotechnology”

Impromptu team debates on guest lecture’s content - Group Exercise – Model take-home examination questions

Dr. Tony Davis Senior Associate, FB Rice, Brisbane Brigitte Asprey

14:00 - 15:00 C508, GP Law Library 15:30 - 17:30 C508, GP Law Library

Wednesday 3 April

Discussion of topics for Research Papers – developing synopses

Follow up to questions from previous tutorial


1 -2 April and 4 April 2019: Individual Research

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Unit 3: LWN403 Copyright and Related Rights



Monday 8 April

An Overview of Copyright Law Including its History, Philosophy, Recent Developments and its Significance in the Intellectual Property Regime; Requirements for Protection


09:30 - 11:00 C508, GP Law Library

Monday 8 April

Requirements for Protection (continued) Subject Matter of Protection


11:30 - 13:00 C508, GP Law Library

Monday 8 April

Subject Matter of Protection (continued) Term of Copyright International Protection of Copyright and Related Rights:

The Berne Convention for the Protection of Literary and Artistic Works

The Rome Convention

The WIPO Copyright Treaty (WCT)

The WIPO Performances and Phonograms Treaty (WPPT)

TRIPS

Beijing Treaty on Audio-visual Performances 2012

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled 2013


14:00 - 16.00 C508, GP Law Library

Tuesday 9 April

Ownership of Copyright and Related Rights

Copyright in Employer-Employee Settings

Copyright in Commissioned Works

Journalists’ Copyright Assignment and Licensing of Copyright


09:30 - 11:00 C508, GP Law Library

Tuesday 9 April

Special Guest Lecture on “3D Printing and Copyright Law”

Dr Kylie Pappalardo, Postdoctoral Research Fellow, QUT and Professor Kamal Puri

11:30 - 13:00 C508, GP Law Library

Tuesday 9 April

Collecting Agencies, Statutory Licences; Educational Copying Rights Comprised in Copyright and Related Rights

Economic Rights

Moral rights

Jessica Stevens, QUT Copyright Officer Professor Kamal Puri

14:00 - 15.00 C508, GP Law Library 15:00 - 16:00 C508, GP Law Library

8 LWN403 Content Lecturer Time and

Venue

Wednesday 10 April

Limitations and Exceptions to Copyright and Related Rights, including International Debates Statutory Licences


09:30 - 11:00 C508, GP Law Library

Wednesday 10 April

Software and Databases:

Legal Protection of Computer Programs

Legal Protection of Databases


11:30 - 13:00 C508, GP Law Library

Wednesday 10 April

Digital Copyright – Technological Protection Measures and Anti-Circumvention Law


14:00 - 16.00 C508, GP Law Library

Thursday 11 April

Digital Copyright –

Secondary Liability (including intermediary liability) and Safe Harbours; Overview of Australian and US positions

Peer-to-Peer copying and beyond Case Studies: Napster, Grokster, Kazaa, Cooper, YouTube and iiNet


09:30 - 11:00 C508, GP Law Library

Thursday 11 April

Free and Open Source Software Licensing and Open Content Licensing (e.g. Creative Commons); Case study: Access and re-use of Public Sector Information (PSI)


11:30 - 13:00 C508, GP Law Library

Thursday 11 April

Moot Court: Google Book Settlement


14:00 - 16.00 C508, GP Law Library

Friday 12 April

Infringement of Copyright and Related Rights; Remedies


09:30 - 11:00 C508, GP Law Library

Friday 12 April

Qualities that make a good leader

Jim Varghese AM (Formerly) DG of 4 Qld Govt Depts.

11:30 - 13:00 C508, GP Law Library

Friday 12 April

Class Debate Professor Kamal Puri

14:00 - 15:15 Coffee Break 15:30 - 17:00 C508, GP Law Library

Assessment Class Friday 12 April – 30%

Reflective Journal (1,000 words) Friday 3 May – 20%

Research Paper (3,500 words) Deadline Monday 20 May - 50%

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LWN403 Copyright and Related Rights Tutorials

Tutors: Brigitte Asprey and Professor Kamal Puri


Monday 15 April

Assessment 2 - discussion on how to prepare Reflective Journal (Group Exercise)

Apprising students of the current issues on copyright law and engaging them in some preliminary discussion

Professor Kamal Puri Brigitte Asprey

14:00 - 15:30 16:00 - 17:30 C508, GP Law Library

Tuesday 16 April

Round 2 discussion and finalisation of synopses (presentation of synopses to the class for feedback)

Question and answer session

Brigitte Asprey

14:00 - 15:30 16:00 - 17:30 C508, GP Law Library

LWN403 Copyright and Related Rights – Special Lectures


Wednesday 17 April

Research Methodology Professor Matthew Rimmer

09:30 - 11:00 C508, GP Law Library

18th April, 23April-2 May: Individual Research and Revision

Study Visit to Springfield Land Corporation, Springfield



Tuesday 7 May

Leadership – Dr. Maha Sinnathamby, Chairman, Springfield Land Corporation Ms. Raynuha Sinnathamby, Managing Director, Springfield Land Corporation

Springfield Land Corporation, Level 10, Springfield Tower, 145 Sinnathamby Boulevard, Springfield Central 4300

09:00 - 16:00

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Study Visit by the 2019 cohort of the WIPO-QUT Master of Laws in IP course to Canberra (IP Australia and the Department of Communications and the Arts) on

Friday 10 May 2019 (TBC) Professor Kamal Puri and Brigitte Asprey

(Note that the Study Visit to Canberra is kindly funded by Professor John Humphrey,

Executive Dean, Faculty of Law, QUT) Venue: IP Australia, 47 Bowes Street, Phillip, Canberra ACT 2606

Program

Time Activity Room IP Australia official - TBA

9:30am Arrival and Visitor Sign in

NG F08

9:35am –9:40am

Welcome to IP Australia

NG F08

9:40am - 9:55am

Activities of IP Australia

NG F08

9:55am –10:10am

Developments in IP Reform

NG F08

10.10am – 10.25am

IP Australia’s international engagement

NG F08

10:25am –10:40am

Australian 2016 IP Report

NG F08

10:40am – 11:00am

Morning tea NG F08

11:00am – 11:25am

Tour - IP Rights Administration

N1.147 S1.128

11:25am – 11:40am

Tour – Trade Marks Examination

Training Hub

11:45am – 12:00pm

Tour - Patents S3.F21

12:05pm –12.25pm

Plant Breeder’s Rights and implementation in Australia

NG F08

12:30pm Wrap-up NG F08

Visit to the Department of Communications and the Arts

Professor Kamal Puri and Brigitte Asprey

Day and Date: Friday, 10 May 2019 Venue: 2 Phillip Law Street, Canberra, ACT 2601; 3 pm - 4.30 pm Presenter: Sam Ahlin, Director, Copyright Section, Content & Copyright Branch Topic: Current issues concerning Copyright Law in Australia including discussion of the following themes (TBC):

Online copyright infringement – what is in the offing re ISP’s liability as a result of the Online Copyright Infringement Discussion Paper (2014)

Latest thinking on restrictions on Parallel Importation in the Copyright Act 1968

Copyright exceptions in the digital environment

13 -16 May 2019: Individual Research and Revision Week

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Unit 4: LWN404 Trade Marks, Domain Names and Geographical Indications

Unit Coordinator: Ms. Anna Sharpe


Monday 27 May

Functions of Trademarks and their relationship with business names, company names and domain names

Ms. Anna Sharpe, Principal of Sharpe Ivo, Sessional Lecturer, formerly Senior Partner, Clayton Utz

09:30 - 11:00 C508, GP Law Library

Monday 27 May

Special types of Marks: Well-Known Marks, Certification, Collective, Defensive and Guarantee Marks, Non-Traditional Marks The Exclusive Rights of a Trademark Owner; Exceptions to the Exclusive Rights of a Trademark Owner

Ms. Anna Sharpe

11:30 - 13:00 C508, GP Law Library

Monday 27 May

Requirements for registration

Ms. Anna Sharpe

14:00 - 16.00 C508, GP Law Library

Tuesday 28 May

Conditions for Protection (introduction)

Distinctiveness

Novelty Non-réceptive – Generic – Descriptive, etc.

Ms. Anna Sharpe

09:30 - 11:00 C508, GP Law Library

Tuesday 28 May

Registration process including opposition to registration and rectification of the Trade Mark Register

The Use of Marks on the Internet

Ms. Anna Sharpe

11:30 - 13:00 C508, GP Law Library

Tuesday 28 May

Infringement of trademarks, groundless threats actions, defenses and remedies

Ms. Anna Sharpe

14:00 - 16.00 C508, GP Law Library

Wednesday 29 May

Enforcement of Trademark Rights Cancellation for Lack of Use (Use Requirements)

Ms. Anna Sharpe

09:30 - 11:00 C508, GP Law Library

Wednesday 29 May

Action for passing-off Ms. Anna Sharpe

11:30 - 13:00 C508, GP Law Library

Wednesday 29 May

Action for passing-off Ms. Anna Sharpe

14:00 - 16:00 C508, GP Law Library

Thursday 30 May

How to Protect a Mark

Introduction to Registration Procedures at National, Regional and International Level

Opposition Procedures

Term of Protection

Renewal The Nice Classification

Ms. Anna Sharpe and Kellie Stonier, Trade Marks Attorney, Partner, Griffith Hack

09:30 - 11:00 C508, GP Law Library

12 LWN404 Content Lecturer Time and

Venue

Thursday 30 May

Continue the above topic for the first 30 minutes and then go to the below topics:

International Registration of Marks: The Madrid System,

Community Trademark System (OHIM/EU)

Case Study (trademark strategy): in a real-life case, the participants will select a valid mark and decide on a filing strategy

Ms. Anna Sharpe and Kellie Stonier, Trade Marks Attorney, Partner, Griffith Hack

11:30 - 13:00 C508, GP Law Library

Thursday 30 May

Protection of Geographical Indications at the national and international level

Video conference on the new developments in WIPO – issues discussed in the Standing Committee on Trademarks, Designs and Geographical Indications

Mr. Sean Mullen, Senior Legal Officer, Queensland Government, Sessional Lecturer

14:00 - 16.00 C508, GP Law Library

Friday 31 May 2019: Individual Research and Revision


Monday 3 June

Domain Name System including domain names Disputes - WIPO Rules and Domestic Jurisdictions with particular reference to ICANN UDRP rules and process

Mr. Sean Mullen 09:30 - 11:00 C508, GP Law Library

Monday 3 June

Asia-Pacific perspective on trade marks, domain names and geographical indications – ASEAN Economic Community (2015) and protection of intellectual property rights

Mr. Sean Mullen 11:30 - 13:00 C508, GP Law Library

Monday 3 June

Presentation by Students Ms. Anna Sharpe and Mr. Sean Mullen

14:00 - 15:15 Coffee Break 15:30-17:00 C508, GP Law Library

Assessment Oral Presentation Monday 3 June – 20%

Research Proposal & Literature Review (1,500 words) Wednesday 12 June – 30%

Research Paper (3,500 words) Deadline Sunday 23 June - 50%

Special Lecture (TBC)

Tuesday 4 June Special Lecture on “Activities of UPOV” Get-together with WIPO Students over Morning Tea

Mr Peter Button, Vice Secretary-General, UPOV, Geneva

10:00 - 11:30 C508, GP Law Library

5-7 June 2019: Individual Research

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LWN404 Trade Marks, Domain Names and Geographical Indications Tutorials


LWN404

Content Lecturer Time and Venue

Monday 10 June

Group exercise

Research paper-discussion on students’ selected topic, including how this should be developed into a research proposal – students must bring draft synopses

Questions & Answer session on outstanding issues from lectures

Brigitte Asprey

14:00 - 15:30 16:00 - 17:00 C508, GP Law Library

11 June to 14 June 2019: Individual Research

LWN404 Trade Marks, Domain Names and Geographical Indications Tutorials


LWN404


Monday 17 June

Group Exercises

Round 2 discussion and finalisation of synopses (presentation of synopses to the class for feedback)

Questions & Answer session


18 June to 21 June, 2019: Individual Research

24 June to 12 July 2019: Mid-year Break

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Unit 5: LWN405 Industrial Designs Law and Practice & Plant Variety Protection



Monday 15 July

Evolution of Design – Definition and History

Rationales and Objectives for the

Protection of Designs and Economic

Benefits of Design Protection

Requirements for registration under the

Designs Act 1906 and Designs Act 2003 (Cth) Term of Protection and Renewal


09:30 - 11:00 C508, GP Law Library

Monday 15 July

Continued Professor Kamal Puri

11:30 - 13:00 C508, GP Law Library

Monday 15 July

Ownerships, transfer and exploitation of design rights - Entitlement of application and ownership Assignments - Licensing - Strategy for Exploitation of Designs (Case Study)


14:00 - 16.00 C508, GP Law Library

Tuesday 16 July

Registrable designs

Drafting and Filing a Design Application

Application process

Registration and publication

2003 Act Transitional and Savings provisions

Examination, opposition and certification

Rectification and correction of the Register

Designs Regulations 2004

WIPO Consultant Mr. Wayne Slater, Partner, IP Gateway, Brisbane

09:30 - 11:00 C508, GP Law Library

Tuesday 16 July

Substantive Requirements for Protection

Newness

Distinctiveness

WIPO Consultant Mr. Wayne Slater

11:30 - 13:00 C508, GP Law Library

Tuesday 16 July

Enforcement of Rights

Registrable Designs and Infringements

– Position under the Designs Act 1906 and Designs Act 2003

Innovation threshold and Infringement

Types of Infringements

Remedies Available to the Design Owner

Defences to Claim of Infringement

Unjustified threats of infringement proceedings

Offences and penalties


14:00 - 16.00 C508, GP Law Library

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Wednesday 17 July

Designs Act 1906 and the transitional

provisions

Legislative reform

Case Study


09:30 - 11:00 11:30 - 13:00 C508, GP Law Library

Wednesday 17 July

International Conventions

Paris Convention

Hague Convention abolishing the

Requirement of Legalisation for Foreign Public Documents

Convention establishing WIPO Locarno Agreement establishing an International

Classification for Industrial Designs


14:00 - 16.00 C508, GP Law Library

Wednesday 17 July

Overlap between Design and Copyright Protection for artistic works under the Copyright Act 1968 (Cth) Interface between Designs and other IPRs

(Patents and Trademarks)

Professor Kamal Puri and WIPO Consultant Mr. Wayne Slater

09:30 - 11:00 11:30 - 13:00 C508, GP Law Library

18 - 19 July 2019: Individual Research and Revision


Monday 22 July

Design Office Practice

Formalities

Deferring publication

Extension of time

The Designs Office, the Registrar of Designs and the Register of Designs

Fraser Smith, Principal, Spruson & Ferguson Pty Ltd

09:30 - 11:00 C508, GP Law Library

Monday 22 July

Intellectual Property Rights and Agriculture: Introduction to the UPOV Convention and the Protection of New Varieties of Plants under the UPOV Convention

Professor Doug Waterhouse, formerly Chief, Plant Breeder’s Rights IP Australia WIPO/UPOV/IP Australia

11:30 - 13:00 C508, GP Law Library

Monday 22 July

Introduction to the examination of varieties under the UPOV Convention; Organisation of variety testing; Impact of PVP under the UPOV Convention

Professor Doug Waterhouse

14:00 - 16.00 C508, GP Law Library

Tuesday 23 July

Intersection of UPOV Convention with other international instruments, particularly TRIPS, CBD, ITPGRFA (International Treaty for Plant Genetic Resources relating to Food and Agriculture)

Professor Doug Waterhouse

09:30 - 11:00 C508, GP Law Library

Tuesday 23 July

Asia-Pacific perspectives on PVP Professor Doug Waterhouse

11:30 - 13:00 C508, GP Law Library

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Tuesday 23 July

Discussion Forum (Assessment 1) Professor Kamal Puri

14:00 - 15:15 Coffee Break 15:30-17:00 C508, GP Law Library

Assessment Discussion Forum Tuesday 23 July – 20%

Take-home Examination 1-3 August (Thurs.-Sat) - 30%

Research Paper (3,500 words) on a Design topic only - Deadline Sunday,

11 August – 50%

26-28 and 30-31 July 2019: Take home Examination Preparation and Research

LWN405 Industrial Designs Law and Practice & Plant Variety Protection - Tutorials


LWN405


31 July Research paper-discussion on students’

selected topics

Group discussion on copyright and design law

dilemma, When to choose what? The overlaps

of current legislations

Sample question- Assessment 2

Brigitte Asprey

14:00 - 15:30 16:00 - 17:30

C508, GP Law Library

7 August Follow up to research paper-discussion on

students’ selected topics

Group discussions on plant breeder’s rights

The intersection of the UPOV Convention with

other relevant international instruments involving

plant genetic resources (PGR)

Brigitte Asprey 14:00 - 15:30 16:00 - 17:30

C508, GP Law Library

8-9 August 2019: Individual Research

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Unit 6: LWN406 Traditional Knowledge and other Emerging Issues; Interface between Antitrust and IP Rights

Unit Coordinator: Tony Taubman, World Trade Organization (WTO)


Monday 12 August

Overview of IP and public policy The human rights dimension

Interface of IP with trade and competition policy

Antony Taubman (WTO)

09:30 - 11:00

Monday 12 August

Rationale and key concepts in competition policy

Review of competition policy and international trade agreements

Rob Anderson, WTO (recorded)

11:30 - 13:00

Monday 12 August

Introduction of thematic case studies: access to medicines

IP, trade and food

environmentally friendly technology

Antony Taubman

14:00 –15:00

Monday 12 August

Intellectual property and competition policy the evolving policy context

Rob Anderson, WTO (recorded)

15:00 - 16.00

Tuesday 13 August

Intellectual property and competition policy

comparative review of national approaches, with a focus on emerging jurisdictions

Rob Anderson Nadya Sporysheva, WTO Antony Taubman

09:30 - 11:00

Tuesday 13 August

Competition policy and the WTO TRIPS Agreement

Rob Anderson Antony Taubman

11:30 - 13:00

Tuesday 13 August

Access to medicines: the IP/competition dimension Patent settlement agreements

Anna Mueller, WTO; Hanna Stakheyeva, Bogazici University Antony Taubman

14:00 - 16.00

14 August 2019: Public Holiday

Thursday 15 August

Overview of the interaction between public health, intellectual property and trade innovation and access

multilateral cooperation

Antony Taubman 09:30 - 11:00

Thursday 15 August

The WTO Dispute settlement system: key TRIPS disputes

non-violation TRIPS disputes

IP disputes in regional trade agreements


Thursday 15 August

Traditional Knowledge and Intellectual Property Overview of the issues

Current work in the WIPO IGC

Pacific case study

Professor Kamal Puri Antony Taubman Daphne Zografos Johnsson, WIPO Aleni Sofara, National University of Samoa

14:00 - 16.00

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Friday 16 August

Traditional Knowledge and TRIPS: Relationship between the TRIPS

Agreement and the Convention on Biological Diversity

Review of case study on TK and genetic resources

Jayashree Watal, WTO Antony Taubman

09:30 - 11:00

Friday 16 August

Review: case study on trade in food

geographical indications and TRIPS


Friday 16 August

Review: case study on innovation and access to medicines – interplay between public health, IP, trade and competition.

Antony Taubman 14:00 - 16.00

Monday 19 August

Protection against unfair competition the Paris Convention

the TRIPS Agreement

Green technology and TRIPS

Antony Taubman

09:30 - 11:00

Monday 19 August

Group discussions on case studies Antony Taubman

11:30 - 13:00

Monday 19 August

Presentations by students on case studies Antony Taubman

14:00 - 15:15 Coffee Break 15:30-17:00

Assessment Research Proposal & Literature Review (1,000 words) Friday 30 August – 20%

Take-home examination Fri 7 to Mon 9 September – 50%

Research Paper (3,500 words) Monday 16 September – 20%

20-23 August and 26-28 August 2019: Individual Research and Literature Review

LWN406 Traditional Knowledge and other Emerging Issues; Interface between Antitrust and IP Rights Tutorials



Thursday 29 August

Draft synopses for Assessment 1 to be

discussed with class for feedback

Sample question- Assessment 2


30 August – 5 September 2019: Take home Examination preparation and Individual Research


Friday 4 September

Finalised synopses discussed with class

including new findings

Question and answer session


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Unit 7: LWN407 Intellectual Property Management & Commercialisation

Unit Coordinator: Professor Phillip Mendes


Monday 9 September

IP Identification and Assessment Processes: Why Identify IP in the firm; IP Audits; Identification processes and tools; Organisational policy infrastructure to identify and manage IP; Assessing the commercial potential of IP for informed decision- making; Preparation for IP Assessment Tool.

Adjunct Professor Phillip Mendes IP Australia

09:30 - 11:00 C508, GP Law Library

Monday 9 September

IP Assessment Practical Exercise: “Commercialisation Committee” to consider a hypothetical Commercialisation Project. One group member is allocated the role of Business Development Officer, and is interviewed by the Committee. Group discussion on outcome, and the use of the IP Assessment Tool.

Adjunct Professor Phillip Mendes

11:30 - 13:00 C508, GP Law Library

Monday 9 September

Protecting IP: (1) Patent vs. trade secret protection; (2) Strategies to protect trade secrets and confidential information; (3) Law of confidential information; (4) Confidentiality Agreements, how far to go in making disclosures without a confidentiality agreement; (5) Managing Academic publication; (6) Law of employment restraints, processes at the ending of the employment relationship.


14:00 - 16.00 C508, GP Law Library

Tuesday 10 September

Joint ownership of IP: Implications of joint ownership of patents, copyright, confidential information and other forms of IP in various jurisdictions including US, European countries, Asian countries. How unregulated joint ownership can operate to disadvantage joint owners.


09:30 - 11:00 C508, GP Law Library


Carrying out a due diligence upon the ownership of and rights over IP – particular reference to ownership issues relating to employees, academic researchers, contractors, students, volunteers and collaborators. Ownership of IP in collaborations and strategic alliances. Best practice models for IP ownership and rights between collaborators, strategic alliance partners and joint venturers.


11:30 - 13:00 C508, GP Law Library


Why Commercialise? Economic and non-economic benefits Pathways to Commercialisation of IP: Alternative commercialisation pathways and how to get there; Exploitation by the firm; Assignment; Putting IP in a firm’s business plan; Finding Commercial partners; Choosing between Assignment & Licensing. Choosing the Start Up Company path.


14:00 - 16.00 C508, GP Law Library

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Wednesday 11 September

Pre Licence Rights: Rights of first refusal, options to negotiate, and similar pre licence rights. Legal standing and effect in various countries in particular US, Europe, Australia, China, Singapore, Malaysia, India. Licence Terms Part 1: Examination of IP license terms.


09:30 - 11:00 C508, GP Law Library


Licence Terms Part 2 (continued) Adjunct Professor Phillip Mendes

11:30 - 13:00 C508, GP Law Library


Licence Financial Terms: 16 types of royalty terms, and 28 types of financial terms of a licence; Strategic alliance Terms.


14:00 - 16.00 C508, GP Law Library

Thursday 12 September

Valuation of IP Part 1:

What is IP and when does it have economic value?

When is IP an asset in an accounting sense (i.e. what are the essential elements for an asset to have value)?

How is IP valued? o Principles and purpose of valuation o Discounted cash flow basics (risk and

return) o Stages of intellectual property

development o Valuation methodologies: Relief from

Royalties, Excess Profits, Gross Profit / Sales Price Differentials, Historical Cost, Replacement Cost, Benchmarking / Comparable Analysis, Real Options Analysis

Worked valuation examples

Mr. Brian Richards, Tax & IP Consultant, Richards Advisory and Chris Catanzaro, BDO

09:30 - 11:00 C508, GP Law Library


Valuing IP Part 2 (continued) Mr. Brian Richards and Chris Catanzaro

11:30 - 13:00 C508, GP Law Library


Start-up Companies and Venture Capital: What Venture Capitalists look for - technology candidates, criteria for investment, investment exit pathways, typical venture capitalist investment terms relating to IP and the venture capital financing


14:00 - 16.00 C508, GP Law Library

Friday 13 September

Negotiations Skills for better outcomes in IP deals –Negotiation Preparation - Preparing strategically. Information gathering. Setting goals. BATNA. Negotiate interests not positions, and strategies at first meetings: Integrative Bargaining; Interests and needs; Distinguishing positions; Strategies to bargain interests and needs and to make the other party want to do so as well.


09:30 - 11:00 C508, GP Law Library

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Friday 13 September

Asia-Pacific countries’ perspective on IP Management. Adjunct Professor Phillip Mendes

11:30 - 13:00 C508, GP Law Library

Friday 13 September

Presentation by Students Adjunct Professor Phillip Mendes

14:00 - 15:15 Coffee Break 15:30 - 17:00 C508, GP Law Library

Assessment Research Proposal & Literature Review (1,000 words) Friday, 20 September –

20%

Take-home examination 27-29 September (Fri-Sun) – 30%

Research Paper (3,500 words) Deadline Saturday, 12 October – 50%Research

16-19 September 2019 Literature Review

LWN407 Intellectual Property Management & Commercialisation Tutorials



Group and Team Work

Group discussion of selected topics for

research paper

Brigitte Asprey

14:00 - 15:30 16:00 - 17:30 C508, GP Law Library

23-26 September 2019: Take-home exam preparation



Case studies and contract exercise

Group discussion on finalized synopses for

research

Brigitte Asprey

14:00 - 15:30 16:00 - 17:30 C508, GP Law Library

30 September to 11 October 2019: Individual Research

22 Study Visit by the 2019 cohort of the WIPO-QUT Master of Laws in IP course on Tuesday 17 September from 2 to 3.30 pm at Education Department’s Boardroom (Level 12) 30 Mary St, Brisbane (TBC)

Professor Kamal Puri “Current Issues concerning Intellectual Property Protection in the Public Sector”

Presentations by: Clare Hoey, Manager, Innovation Policy, Queensland Department of

Science, Information Technology and Innovation (DSITI) and Leigh Mulvahil, Senior Policy

Officer, Intellectual Property, Queensland Department of Health

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Unit 8: LWN408 (Capstone) Research Project

Unit Coordinator: Professor Matthew Rimmer


Monday 30 September

Variety of contemporary IP issues and selection of an appropriate Research Project Topic including:

3-D Printing Artificial Intelligence

Professor Matthew Rimmer, Professor of IP and Innovation Law, QUT

09:30 - 11:00 C508, GP Law Library

Monday 30 September

Preparation of a Synopsis Professor Matthew Rimmer

11:30 - 13:00 C508, GP Law Library

Monday 30 September

Developing a Project Proposal Professor Matthew Rimmer

14:00 - 16.00 C508, GP Law Library

Tuesday 1 October

Individual Research and Supervisory Guidance Professor Matthew Rimmer

10.30 - 12.00 C508, GP Law Library

Tuesday 1 October


14:00 - 16.00 C508, GP Law Library

2 - 4 October, 2019: Library Research and Study

Monday 7 October 2019 Public Holiday


Tuesday 8 October


09:30 - 11:00 C508, GP Law Library

Tuesday 8 October


11:30 - 13:00 C508, GP Law Library

Tuesday 8 October


14:00 - 16.00 C508, GP Law Library

Wednesday 9 October


09:30 - 11:00 C508, GP Law Library

Wednesday 9 October

Individual Research and Supervisory Guidance

Professor Matthew Rimmer

11:30 - 13:00 C508, GP Law Library

Wednesday 9 October


14:00 - 16.00 C508, GP Law Library

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LWN408 (Capstone) Research Project Tutorials



Thursday 10 October

Practice Presentations

How to improve the final research project

Review of selected proposals of the students

Brigitte Asprey

14:00-15:30 16:00-17:30 C508, GP Law Library

Friday 11 October 2019: Individual Research

Unit 8: LWN408 (Capstone) Research Project

Unit Coordinator: Professor Matthew Rimmer


Monday 14 October

Presentation of Research Papers Professor Matthew Rimmer and WIPO and official

09:30 - 11:00 11:30 - 13:00 C508, GP Law Library

Tuesday 15 October

Presentation of Research Papers Professor Matthew Rimmer and WIPO and official

09:30 - 11:00 11:30 - 13:00 C508, GP Law Library

Wednesday 16 October

Intellectual Property Annual Conference on a Topical Issue: TBA Evaluation of the Program

Concluding Reception

Professor Puri, WIPO and IP Australia officials

09:30 - 11:00 11:30 - 13:00 C508, GP Law Library

Assessment Students’ Presentations 14-15 October – 20%

Submission of Synopsis & Literature Review (not exceeding two pages) by Monday 21 October - 20%

Research Project (6,000 words) Deadline Friday, 8 November – 60%

16 - 18 October 2019: Preparation of Synopsis and Literature Review

LWN408 (Capstone) Research Project Tutorials (continued)



Wednesday 23 October

Revision and Finalization of Research Projects Brigitte Asprey

14:00-15:30 16:00-17:30 C508, GP Law Library

24 October to 8 November 2019: Individual Research and Writing of Research Papers

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