Authorised by Academic Registrar, April 1996
Objectives Students who successfully complete this subject 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 current proposals for law reform; (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.
Synopsis This subject is concerned with the legal protection that is accorded to the marks and signs which traders and others adopt to market and promote their goods and services. This involves a study of both 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. In addition, consideration is given to the unfair trading provisions of Part V of the Trade Practices Act 1974 (Cth) and its State counterparts This is an advanced subject, which presupposes that students will have some knowledge of these regimes. An emphasis is placed on the policies and objectives underlying these different laws, and there will be a critical examination of current proposals for reform. International and comparative aspects will be considered, and there will be an examination of the merits of developing a broader law of unfair competition or misappropriation.
Assessment Research paper (6000 words) and take-home or supervised examination: 60% and 40% or such other assessment as is agreed by the class.