Authorised by Academic Registrar, April 1996
Objectives Students who successfully complete this subject should (1) have an appreciation of the policies and objectives underlying the common law and statutory regimes protecting trade marks and commercial designations, and the role that these laws play in the marketing and promotion of goods and services; (2) be in a position to comment critically on those policies and objectives and to relate them to proposals for law reform; (3) have acquired a sound 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 basic advice to traders and other enterprises on their rights and liabilities under these laws; (5) have an appreciation of the basic features of the international rules governing the protection of trade marks and commercial designations; (6) have an appreciation of the issues involved in the development of a broad law of unfair competition or misappropriation of intangible values, and the consequences of such a development; and (7) have enhanced their skills of case analysis and statutory interpretation.
Synopsis This subject is concerned with the protection of trade marks and other commercial designations used in the promotion and marketing of goods and services. It involves a study of the registration and protection of trade marks under the statutory trade marks system; and also a study of the common law action for passing off and associated torts, as well as a consideration of relevant parts of the Trade Practices Act 1974 (Cth) and its state counterparts, and other legislative schemes for the protection of names, symbols and other signs. International aspects of protection will also be considered, and the development of more general laws against unfair competition or misappropriation will be discussed.
Assessment Optional research assignment (5000 words): 50% + Final examination (1.5 hours or 3 hours): 50% or 100%