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

This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys (PSB) in relation to trade mark practice and the professional conduct of trade marks attorneys. The unit content details the process by which trade mark applications are made, opposed and registration maintained. It also deals with exploitation of registered trade mark rights via assignment, licensing and their use as security in financial transactions. It also deals with conflicts of interest and the need to maintain appropriate monitoring systems.

Emphasis is placed on the practical aspects of trade mark practice as is relevant to the practice of a registered Trade Marks Attorney. To this end, the unit places particular emphasis on the practices and procedures of the Australian Trade Marks Office. It also seeks to provide students with a practical appreciation of the practice of a Trade Marks Attorney through identification and resolution of practice and procedure issues that frequently arise when dealing with trade marks through the application process and after registration.

Objectives

Upon successful completion of this unit, students will:

1. meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Practice (topic group D) and Professional Conduct (topic group B)
2. acquire an understanding of the rights, privileges and responsibilities of trade marks attorneys
3. be able to advise clients in relation to the prosecution of trade marks applications, opposition to trade mark applications and the maintenance of registration and the means of exploiting those trade marks
4. be able to undertake the tasks of filing and prosecuting applications for trade mark registration
5. be able to undertake the tasks of advising a client on and filing opposition to a trade mark application, including the preparation of relevant evidence and the conduct of hearings
6. be able to advise clients on the desirability of seeking trade mark protection
7. be able to advise clients on alternative protection regimes in Australia (such as passing off and use of the Trade Practices Act)
8. be able to advise clients on trade mark registration in other countries and via international conventions, including Paris convention trade mark applications, Madrid Protocol applications and European Community Trade Mark applications.

Assessment

Assignment (3,750 words): 50%
Take home examination (3,750 words): 50%

Chief examiner(s)

Mr Ian Horak

Contact hours

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