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
About the Subject
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).
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Lecturer Location |
Semester 1 Time |
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Lecturer Location |
Semester 2 Time |
Assessment
- Take-home examination (100%)
- Semester 1: 1–6 April
- Semester 2: 9–14 December
Your assessment item must be submitted online using Blackboard. Emailed and hardcopy submissions will no longer be accepted.
ALL pieces of assessment will be put through an electronic plagiarism checking system, and will be retained for future plagiarism checking.
How to make an online submission using Blackboard
- You must use the latest version of the Melbourne Law Masters cover sheet for assessment submission (opens in new window). Enter your details into the cover sheet, then copy and paste it into the first page of the assessment item you will submit. Follow the instructions on the cover sheet for more submission guidelines.
- Your submission should be a Rich Text File (.rtf) or Word Document (.doc). Please do not submit files in .pdf format.
- Your submission must be a single file - do not try to submit multiple documents.
- Click on the relevant link below:
- Semester 1 students: click on this link to access Blackboard (opens in new window)
- Semester 2 students: click on this link to access Blackboard (opens in new window)
- When prompted, enter your University email username and password.
- Now click the "View/complete" link for the relevant assessment item (you may need to click the "Online submission" link in the left hand menu bar).
- Click the small "submit" icon with green arrow in the middle of the screen - this will bring up a new screen, where you can select the file you intend to upload.
- Now, click the "Browse" button to locate the file you want to submit on your computer. You must then give your submission a short title, such as your name or student number.
- Once you've selected the file, click the "Submit" button.
- You will now be presented with a preview of your file - check it to confirm it is the one you intended to submit (note that the preview does not display formatting, but the formatting of your submission is intact). Ensure you remembered to paste the cover sheet into the first page.
- After you confirm that the correct file has been uploaded, click "Yes submit" to complete your submission.
- You'll be notified upon successful submission with a digital receipt.
- Please note that the entire process takes a few moments to complete. If you encounter any problems, please contact the Melbourne Law Masters office, not your lecturer.
Semester 1, Class 1 (18/02/09 - 24/02/09):
Assessment materials
Semester 2, Class 1 (04/11/09 - 10/11/09):
Announcements
