Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

The statutory protection offered by the registered trade marks system, and the common law and equitable protection accorded through the actions of passing off and related torts. The unfair trading provisions of Part V of the Trade Practices Act 1974 (Cth) and its State counterparts. The policies and objectives underlying these different laws, and the Trade Marks Act 1995 (Cth). International and comparative aspects. The merits of developing a broader law of unfair competition or misappropriation.

Objectives

Students who successfully complete this unit should:

1. have an enhanced appreciation of the policies and objectives underlying the laws relating to the protection of trade marks and other commercial designations
2. be in a position to comment critically on those policies and objectives and to relate them to recent legislation
3. have developed a detailed knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained
4. be in a position to provide detailed and comprehensive advice to traders and other parties on their rights and liabilities under these laws
5. have a sound understanding of the operation and application of the rules governing the international protection of trade marks and commercial designations, and some knowledge of the models of protection provided by other jurisdictions
6. have a clear appreciation of the arguments for and against developing a broader law of unfair competition or misappropriation
7. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Assessment

Optional written assignment (3,750 words): 50%
Take-home exam (3,750 words): 50%
OR
Subject to the lecturer's approval
Take home exam (7,500 words): 100%.

Chief examiner(s)

Professor Mark Davison

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)