Unit rationale, description and aim
The interface between Intellectual Property (IP) and Human Rights (HR) law and policy has been a central focus of domestic and international negotiations. The relationship between these two fields continue to intersect and has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. An effective human rights practitioner would need to understand the intersections between IP and HR and ensure a balance between the expansionism tendencies of IP in areas including freedom of expression, public health, education, privacy, agriculture and the rights of indigenous people.
To build the legal pillar of your human rights learning journey, this unit, Intellectual Property and Human Rights is concerned with developing your knowledge and understanding of the fundamental principles and arguments that underpin the intersections between IP & HR.
The aim of the unit is to introduce you to the intersections between IP & HR and to equip you with the requisite knowledge to achieve equilibrium between IP & HR.
Campus offering
No unit offerings are currently available for this unit.Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Describe fundamental concepts and theories relatin...
Learning Outcome 01
Explain how Intellectual Property and Human Right ...
Learning Outcome 02
Illustrate understanding of the need for balance b...
Learning Outcome 03
Content
Topics will include:
- Introduction: Mapping the Interface of Human Rights and Intellectual Property
- The Human Right to Health and Access to Patented Medicine.
- Creators’ Rights as Human Rights and the Human Right of Property.
- Right to Freedom of Expression, to Cultural Participation and to Benefit from Scientific Advancements.
- The Right to Education and Copyright in Learning Materials
- The Human Right to Food, Plant Genetic Resources, and Intellectual Property
- Indigenous Peoples’ Rights and Intellectual Property
Assessment strategy and rationale
It is proposed that this unit be assessed by three assignments used deliberately as an integral part of the learning process to guide and scaffold learning, as well as to determine learning outcomes.
First, a basic content knowledge assessment (e.g. via a quiz).
Second, a case-study based assessment that challenges students to explain how particular principles are applied by the legal institutions that are the central focus of the course.
Third, an assessment requiring longer answers from students that extends the second assessment tasks. For example: based on three case-studies, students would be asked to (a) List the fundamental concepts and institutions at play (b) explain how these explain/illuminate the human rights principles shown, and finally, to highlight the differences and similarities between the ways the concepts and theories apply across the three case studies.
Overview of assessments
Multiple choice online quiz: Requires students to...
Multiple choice online quiz: Requires students to demonstrate their knowledge of fundamental human rights and Intellectual Property principles.
20%
Case-study based short answer paper, focusing on ...
Case-study based short answer paper, focusing on understanding of particular human rights and intellectual property principles.
30%
Extended written essay or case studies.: This ass...
Extended written essay or case studies.: This assessment requires students to demonstrate their knowledge and understanding of the intersection between human rights and Intellectual Property.
50%
Learning and teaching strategy and rationale
This unit comprises 150 hours of study in total. It will be taught over a 12-week semester, with one 2-hour lecture followed by a 1-hour tutorial each week. Other study components might include on-line webinars, podcasts, readings, discussion forums etc. The balance of the hours is comprised of private study.
The strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop an authentic, case-based understanding (of principles and theory) that (in combination with learning from other units) bridges the gap between theory and practice. Thus, the learning and teaching strategy extends from within this unit, to integrate with other units in the course. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin a process of active, engaged, exploration, which will be deepened by detailed explanation and further investigation in tutorials. Through direct interaction between students and teachers, students active, engaged exploration of the foundational knowledge they acquire supports its assimilation in the form of comprehension of concepts and theory. Students are then encouraged to test that evolving understanding by applying it to factual situations, to produce solutions supported by legal authorities and arguments; and to reflect on their learning. Each component is intended to build on knowledge, understanding and skills to progressively scaffold student learning.
The online learning platform used in this unit provides multiple preparatory and practice opportunities to guide in-class and out-of-class study. Online learning assistance in the form of learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience.