UNIVERSITY OF WAIKATO
TE PIRINGA FACULTY OF LAW
Law of Intellectual Property LAWS468-14B
2014 Outline
1.
Identification of Paper
(a) Paper: LAWS468-14B (HAM) Law of Intellectual Property
(b) This paper carries 20 points
2.
Staffing
Anna Kingsbury
(Lecturer and Convenor)
3.
Extension 4729. (phone 8384729)
Room Law G35
Email annak@waikato.ac.nz
I am available to see students by appointment.
Description and Structure of the Paper
a. Description of the paper in University Calendar
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.
b.
Structure of the Paper
General
Law of Intellectual Property is a full paper taught in the second semester. The
teaching component comprises two two-hour lectures per week.
Lecture timetable and rooms
The lecture times are:
Tuesday
1pm-3pm
Thursday
1pm-3pm
4.
LAW.G.04
LAW.G.02
Learning outcomes of the paper
A student who has completed the course successfully will be able to:
a. Understand the legal regimes for the protection of intellectual property in New
Zealand.
b. Acquire detailed knowledge of the New Zealand law of copyright, and a working
knowledge of the other regimes, including design protection, breach of confidence,
patents, trade marks, and the law of passing off and fair trading as it relates to
intellectual property protection.
c. Understand some current international issues and debates relating to intellectual
property protection.
5.
Workload
Students should expect to spend 200 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.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2ed, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
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
Trade Marks Act 2002 (with amendments)
Reference Books
Frankel, S and McLay, G Intellectual Property in New Zealand (2ed, 2011)
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 (2ed, 2012) 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 (2ed, 2013)
Sumpter, Paul Trade Marks In Practice (2ed, 2011)
Todd, S (ed) The Law of Torts in New Zealand (6ed 2013)
The Laws of New Zealand “Intellectual Property”
New Zealand Intellectual Property Journal 1995Intellectual 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:
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.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Faculty procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Undergraduate Handbook at p 51.which is available from
http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism. Also refer to
paragraph 12 in this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Course Work: Final Examination Ratio
Course work
50%
Final Exam:
50%
c)
Assessment Components
The paper has three forms of assessment:
1. A 2000 word assignment which will assess students’ knowledge of the principles and
application of intellectual property law.
2. A 2000 word opinion which will require students to apply the substantive law to a factual
situation. This opinion will help students to understand the material covered, and to develop
opinion writing skills.
3. A Final Examination of 2 hours which will test students’ knowledge of the legal
protection of intellectual property.
Assignment:
Opinion:
The Final Examination.
25%
25%
50%
Due date Wednesday 20 August 2014
Due date Monday 6 October 2014
(i) Assignment
The assignment will be a maximum of 2,000 words, excluding footnotes.
The assignment is worth 25% of the paper assessment and is due on Wednesday 20 August
2014.
Failure to comply with requirements as to time deadlines, word limits and presentation of
course work may result in deduction of marks. The assignment when handed in must
indicate the number of words. .
(ii) Opinion
The opinion will be a maximum of 2,000 words in length (excluding footnotes) and will
require students to apply the law to a factual problem.
The opinion is worth 25% of the paper assessment and is due on Monday 6 October 2014.
Failure to comply with requirements as to time deadlines, word limits and presentation of
course work may result in deduction of marks. The opinion when handed in must indicate
the number of words.
Final Examination
The two-hour final examination will be open book. Text books, statutes and other materials,
as well as students' own notes, will be permitted in the examination room.
The Final Examination is worth 50% of the course assessment.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle
(http://elearn.waikato.ac.nz). See Te Piringa Faculty of Law Undergraduate Handbook,
available at http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa
Faculty of Law to return marked work to students within five weeks of submission.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
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.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and
special consideration, and for appeals
(i) Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for
fairness to all students taking the paper. Handing in course work on or before the due in
date also facilitates the timely return of marked work by academic staff. Students should
meet requirements as to time deadlines for course work, or make a request for an extension
or special consideration in appropriate circumstances (see Undergraduate Programmes
Manual available from the School of Law Undergraduate website
http://www.waikato.ac.nz/law/undergraduate/). Failure to comply with requirements as to
the time deadlines for internal assessment without having successfully applied either for an
extension or special consideration with supporting evidence before the due date will result
in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may
result in the work not being marked. No deadlines may be extended beyond two weeks after
the last teaching day of the semester(s) in which the paper is taught as final grades must go
to the Board of Examiners at this time. Unless an extension in writing has been granted, a
lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be
submitted to the Chief Examiner or nominee. Students should not submit the extension
form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family
bereavement, or serious personal accidents or circumstances. Please note that too many
assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the
student has had to complete the internal assessment before the supervening event occurred.
It will be important to consider if the grant of the extension will give the student in question
an unfair advantage over other students. A maximum period of 14 days will be given as an
extension unless there are exceptional circumstances. In determining applications the Chief
Examiner or nominee may consult with the Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension,
the nominated Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it
until after the assignment is marked and returned to students. The form will then be placed
on the student’s file. It should be noted that if an extension of longer than 14 days is granted,
the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when
a student’s application for extension is declined the Chief Examiner or nominee will inform
the student of the process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail
the university-wide policies and procedures, which apply concerning missed examinations,
impaired performance or impaired preparation time for an examination, and missed or
impaired course work. Students are responsible for ensuring that they comply with these
regulations. Application forms for special consideration for internal assessment are
available from Law Reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification
of the relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an
application form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the
official application form from the University’s Assessment Office.
(Refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
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.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it applies
to assessment presented through a written, spoken, electronic, broadcasting, visual,
performance or other medium.” See section 3, Assessment Regulations (2014 Calendar)
Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is to be advised, but if there is a problem, please
report the incident to the Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
See p 43 of Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
Week Commencing
Programme of lecture topics
14 July (B Semester begins)
Introduction to IP/ Patent Law
21 July
Patent Law
28 July
Patent Law/Trade Marks
4 August
Trade Marks/Passing Off/Fair Trading
11 August
Law of Copyright
18 August
Law of Copyright
25 August (Teaching recess)
1 September (Teaching recess)
8 September
Law of Copyright
15 September (18 Sept Kingitanga Day)
Law of Copyright
NO CLASS 18 SEPTEMBER
22 September
Law of Copyright/ Designs
29 September
Trade Secrets/Confidential Information
6 October
Trade Secrets/Confidential Information
13 October
Indigenous Issues in Intellectual
Property/Revision
20 October
(Study week)
27 October
(27 October Labour Day)
3 November
(Examinations)
(Examinations)