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Trade Mark Practice (LAWS90035)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
June
Lecturers
Mr Ed Heerey QC, Coordinator
Mr Nick Holmes
Mr Russell Waters
Mr Michael Wolnizer
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | June |
---|---|
Fees | Look up fees |
This subject builds on the material covered in the Trade Marks and Unfair Competition subject. Trade Mark Practice is primarily concerned with the procedures and practices of the Australian Trade Marks Office in obtaining and maintaining registered trademarks and relevant aspects of New Zealand trade mark procedures and practice. This subject is thus particularly valuable for students wishing to prosecute trade mark applications through those offices. The rights, privileges and responsibilities of a patent or trade mark attorney are also covered in the wider context of attorneys’ professional conduct. The lecturers in the subject have extensive experience in the obtaining of trade mark registrations and the subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Groups’ B and D.
The emphasis of this subject is on the documentation, procedures and practice of the Australian Trade Marks Office and relevant aspects of New Zealand trade marks procedure and practice.
Principal topics include:
- The respective national offices, registers and official journals
- Determining the availability of a trade mark for use and registration, searching the Trade Marks Office database and other search options
- Applications for registration, including Madrid Protocol, Convention, divisional and series applications
- Examination and acceptance of applications
- Opposition to registration
- Initiating and opposing applications to remove a trade mark for non-use
- Amendment of applications and other documents; revocation post-registration
- Obtaining registration and renewal of registration
- Obtaining extensions of time
- New Zealand trade mark practice (relevant issues)
- Exploitation, including assignments and registration of security interests
- Parallel importations and Customs seizure
- International conventions and initiatives, and protecting trade marks in foreign countries
- The rights, privileges and professional responsibilities of a patent or trade mark attorney.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of
- the practices and procedures for obtaining and maintaining the registration of a trade mark in both Australia and New Zealand;
- the principles and options for obtaining registration of a trade mark overseas; and
- the rights, privileges and responsibilities of a patent or trade marks attorney
- Be able to critically examine, analyse, interpret and assess the effectiveness of these practices, procedures, principles, options, rights, privileges and responsibilities
- Be an engaged participant in debate regarding emerging and contemporary issues in this field, such as the effect of recent regulatory amendments in the opposition procedures and the implications of closer cooperation with New Zealand
- Have a sound appreciation of the factors and processes driving governmental revisions of the legal framework
- Have an advanced understanding of the application of the legal principles and rules of practice in the context of advising and assisting clients with the preparation of their trade mark applications, initiating or defending any opposition or non-use removal applications, and the maintenance and exploitation of their’ rights, once granted
- Have a sound understanding of practice issues arising in an international and comparative context
- Have the cognitive and technical skills to generate critical and creative ideas relating to practice issues in this area, and to critically and independently evaluate existing legal theories, principles and practices
- Have the cognitive and technical skills independently to examine, research and analyse existing and emerging issues relating to trade mark practice
- Have the communication skills to clearly articulate and convey complex information regarding practice issues to relevant specialist and non-specialist audiences, including clients
- Be able to demonstrate autonomy, sound judgment and responsibility as a practitioner and learner in the field of trade mark practice.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of the below subject, or an equivalent subject, or appropriate practical experience:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70046 | Trade Marks and Unfair Competition |
March (On Campus - Parkville)
August (On Campus - Parkville)
|
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
Take-home examination (6,500 words) (100%) (25 - 30 July)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- June
Principal coordinator Ed Heerey Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 21 May 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 18 June 2018 to 22 June 2018 Last self-enrol date 4 May 2018 Census date 18 June 2018 Last date to withdraw without fail 6 July 2018 Assessment period ends 30 July 2018 June contact information
Lecturers
Mr Ed Heerey QC, Coordinator
Mr Nick Holmes
Mr Russell Waters
Mr Michael WolnizerEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in Intellectual Property Law Course Master of Commercial Law Course Master of Intellectual Property Law Course Master of Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022