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Course

Comparative Trade Mark Law - JURD7544

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8144

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.
This is an advanced course that should be of interest to those with a foundational understanding of trade mark law who wish to develop their interests and expertise in this specialised field of IP law.

Main Topics
  • History of and justifications for trade mark protection
  • Examination and opposition proceedings
  • Definitions, representation and ownership
  • Distinctiveness
  • Other grounds of refusal not involving conflicts with other marks
  • Grounds of refusal not involving conflicts with other marks
  • Amendment and cancellation
  • Non-use
  • Infringement and defences
  • Remedies
  • Assignment and licensing
  • Protection of unregistered marks
  • Special forms of protection
  • Survey of key differences and emerging trends

Course Objectives:

The general aims of this course are to:
  • develop skills in understanding the complexities of national and international trade mark law
  • critique the major doctrinal, theoretical and policy arguments relating to this branch of the law
  • foster debate about the adequacy of the current state of trade mark law; and
  • canvass ways in which the law might be improved

Learning Outcomes:

At the conclusion of this course, students should be able to:
  1. Demonstrate an understanding of principles of Australian and overseas trade mark law
  2. Navigate and apply key trade mark texts, both statutory and judicial
  3. Identify trade mark law issues and apply them to hypothetical fact scenarios
  4. Engage in critical analysis of key problems in Australian and overseas trade mark law
  5. Demonstrate effective written communication skills by articulating legal concepts clearly, persuasively and appropriately
  6. Demonstrate effective oral communication skills by discussing and debating course concepts in a scholarly, reflective and respectful manner

Assessment

Class Participation 20%
Research Plan 10%
Research Essay (7000 words) 70%

Texts/resources:

Required: R. Burrell and M. Handler, Australian Trade Mark Law (Melbourne: Oxford University Press, 2010)

Recommended: A full up-to date reading list will be provided in the detailed course outline.
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Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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