LAW5321 Protecting commercial innovation: Patents and trade secrets
Faculty of Law
LAW5321 Protecting commercial innovation: Patents and trade secrets is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2025. It has no prerequisites.
- Credit points
- 6
- Offered in 2025
- Other periods
- Monash Law Chambers
- Assessment
- Exam 50%
- and 1 other task
This is the 2025 handbook entry. See the 2027 entry.
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Requisites
Before LAW5321
No prerequisites or corequisites besides the enrolment rules below.
After LAW5321
No unit lists LAW5321 as a prerequisite in the 2025 handbook.
Enrolment rules
For Legal Studies students (L4004, L5004, L6013) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 credit points of study.
Overview
This is an important unit for any student who practises or seeks to practise in the area of intellectual property law or who works in an innovative commercial environment where research results in new products and processes. A patent provides the patentee with a critical and powerful tool for commercial exploitation of new inventions in all fields of technology. Invention is necessarily exciting and dynamic and leads to cutting edge innovation in such areas as biotechnology, nanotechnology, medical and therapeutic devices and treatments, business methods and systems and internet related inventions. The grant of patent monopoly rights provides the owner with a powerful tool that directly impacts on competition. A patent can have significant implications for users and the public in general who seek access to new technology on reasonable terms.
An essential feature of the patent system is the public disclosure of the invention in return for the patent monopoly but the use of that information is restrained by the scope of the patentee's exclusive rights. The equitable doctrine of breach of confidence provides an alternative form of protection for inventions where secrecy is maintained.
This unit teaches the fundamental principles of patent law and the laws that protect trade secrets in an interactive manner and with recourse to both legal and practical materials that aid understanding and appreciation of the underlying concepts and policy issues.
Offerings in 2025
| Teaching period | Campus | Mode |
|---|---|---|
| Trimester 3 | Monash Law Chambers | On campus, block |
Assessment
- Research assignmentWritten50%
- Take home examExamination50%
Learning outcomes
When you finish this unit, you should be able to:
- 1
Apply knowledge and understanding of recent developments in relation to the law of patents and trade secrets with creativity and initiative to new situations involving inventors, enterprises and other persons engaged in the process of innovation;
- 2
Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal protection of inventions under the law of patents and trade secrets;
- 3
Conduct research into relevant domestic and international materials on contemporary issues that concern patent law, its relationship with competition law or the laws under which secret commercial information is protectable based on knowledge of appropriate research principle and methods;
- 4
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the legal protection of commercial innovation.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5321 is part of 2 areas of study in the 2025 handbook.
Contacts
- Chief Examiners
- Associate Professor Gaye Lansdell
Common questions
What are the prerequisites for LAW5321?
LAW5321 has no prerequisites, but enrolment rules apply.
When is LAW5321 offered?
LAW5321 has no offerings listed in the 2025 handbook.
Does LAW5321 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 1 other task.
Which majors and minors include LAW5321?
LAW5321 is part of Commercial and corporate law; and Technology and innovation.