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Comparative Trade Mark Law - LAWS8144

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Prerequisite: Academic Program must be either 9200 or 9210 or 5740 or 9230 or 5265 or 9231 or 5231 or 9220 or 5750.

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course will examine the laws governing trade marks and related rights from a comparative perspective. Topics such as the justifications for trade mark protection; the definition and registration of trade marks; licensing and assignment; infringement, defences and remedies; and the protection of unregistered marks will be explored under both Australian law and the law of various other jurisdictions, including the EU and the US. Other topics such as the international harmonisation of trade mark law, the global protection of well known brands and the implementation of the Madrid international system in Australia will also be considered, as will emerging trends, policy debates and political arguments over the scope of trade mark protection.

LLM Specialisation

Innovation Law

Recommended Prior Knowledge

This course assumes a working knowledge of intellectual property based on study at undergraduate level or through completion of the postgraduate course LAWS8017 Intellectual Property Law. You will be expected to have an overview of intellectual property law and/or to have read a recent IP textbook (such as Davison et al, Australian Intellectual Property Law (2nd edn) (Cambridge University Press, 2011) or Stewart et al, Intellectual Property in Australia (4th ed) (LexisNexis, 2010) and IP casebook (such as Bowrey et al, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, 2010).

Graduate Diploma of Applied Intellectual Property students are expected to have a working knowledge of intellectual property based on study of the postgraduate course LAWS8046 Intellectual Property Law and Innovation.

Course Objectives

A candidate who has successfully completed this course should:

be able to identify the major elements of the laws of registered and unregistered trade marks in a number of key jurisdictions
be able to identify and understand the significance of the key substantive and procedural differences between the trade mark laws of those various jurisdictions
have an understanding of international policy trends in trade mark law

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