units

LAW5316

Faculty of Law

18 September 2017 25 April 2024
Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2015 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7075

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit studies the statutory protection offered by the registered trade marks system, and the common law 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 will be considered. So will the impact of the Internet on these areas of law on issues such as use of domain names and keyword advertising. The unit will meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Law (topic group C).

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of recent developments in relation to trade marks and commercial designation with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to trade marks and commercial designations;
  • Conduct research in trade marks and commercial designation based on knowledge of appropriate research principles and methods
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to trade marks and commercial designations; and
  • Meet the learning 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%.

Workload requirements

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

Chief examiner(s)

Professor Mark Davison Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=585&pid=2732)