Subjects 2009
Trade Marks and Unfair Competition 730656
- Credited Courses: Graduate Diploma in Intellectual Property Law 276; Master of Commercial Law 504; Master of Intellectual Property Law 277; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand the nature of the Australian trade mark system and related areas of consumer protection
- Understand the principles of law by which unregistered trade marks are protected in Australia
- Understand the principles of law for obtaining, maintaining, protecting and exploiting a registered trade mark under the Australian Trade Marks Act 1995 (Cth).
Syllabus
Principal topics will include:
- The function of trade marks
- Registration of trade marks under the Australian Trade Marks Act 1995 (Cth)
- Infringement, defences and remedies
- Licensing and assignment, and other exploitation of trade marks
- Removal and cancellation of registration
- Management and maintenance of trade marks
- The action for passing-off and remedies under Part V of the Trade Practices Act 1974 (Cth).
