Handbook

This course will examine the laws governing trade marks and related rights from domestic and comparative perspectives. Key topics will include the justifications for trade mark protection; the definition and registration of trade marks; infringement, defences and remedies; licensing and assignment; 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, geographical indications of origin and the protection of indigenous knowledge may be considered, as will emerging trends, policy debates and political arguments over the scope of trade mark protection.

Main Topics

• History of and justifications for trade mark protection
• Examination and opposition proceedings
• Grounds for refusing registration
• Cancellation of registration and removal of registered marks for non-use
• Infringement and defences
• Assignment and licensing
• Protection of unregistered marks through unfair competition and consumer protection regimes
• Special forms of protection, including for GIs and indigenous knowledge
• Analysis of emerging trends and policy debates