LAW5316 - Trade marks and commercial designations - 2019

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 misleading or deceptive conduct provisions of the Australian Consumer Law will be considered insofar as these relate to passing off. 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).

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).

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%.

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