Trade Marks and Unfair Competition

Subject 730-656 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

February, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable

November, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Ms Janice Luck
Subject Overview:

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).
Assessment:
  • Take-home examination (100%)
    • Semester 1: 1–6 April
    • Semester 2: 9–14 December
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-656Trade Marks and Unfair CompetitionMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

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).
  • Take-home examination (100%)
    • Semester 1: 1–6 April
    • Semester 2: 9–14 December
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Ms Janice LuckLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730656730-6562February, November

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