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Trade Mark Law (LAWS50075)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Semester 2
Semester 2 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | Semester 2 |
---|---|
Fees | Look up fees |
This subject is about the legal protection of trade marks and elements of branding and reputation. It addresses three overlapping components. The first involves a detailed treatment of Australian law – in particular the operation of the registered trade marks regime under the Trade Marks Act 1995 (Cth) as well as the protection of trade marks and other commercial insignia under the common law tort of passing off and under the misleading and deceptive conduct provisions of trade practices legislation. The second component involves the interrogation of the growing body of academic literature that seeks to answer important theoretical and practical questions about trade mark protection from a range of historical, economic, critical and cultural perspectives. In this part of the course, students will be expected to critically evaluate questions regarding, for example, the scope of trade mark protection, the types of insignia that it should cover and what uses should be permitted by third parties in commercial and artistic settings. In addition to these questions, the subject will also look at topics such as the international trend towards expanded trade mark protection and how trade mark law has responded or should respond to new technologies and associated marketing practices. The third component of the course will look at the legal regimes in comparative jurisdictions – in particular, the United States and the European Union. This comparative element of the subject is important. Given that brand marketing is increasingly conducted on an international scale, lawyers are required to have an understanding of the legal protection of trade marks across multiple jurisdictions.
Intended learning outcomes
Students who successfully complete this subject will:
- Have a detailed, technical, advanced and specialised understanding of the operation of the trade marks regime under the Trade Marks Act 1995 (Cth);
- Have a detailed, technical, advanced and specialised understanding of the tort of passing off and the misleading and deceptive conduct provisions of trade practices legislation;
- Have integrated knowledge of the practical operation of trade mark law at a level appropriate for professional practice;
- Appreciate that the law in this field operates in broader legal, business, cultural and political contexts;
- Have an advanced ability to independently understand, research and critically analyse the various historical, economic and cultural theories and perspectives relevant to the law of trade marks, reputation and commercial branding;
- Have an advanced ability to independently understand, research and critically analyse legal and scholarly developments that contribute to professional practice in the area of trade mark law;
- Have a detailed, technical, advanced and specialised knowledge of the protection of trade marks, reputation and commercial branding in comparable jurisdictions; and
- Have the ability to communicate their analysis of the law and its application in appropriate scholarly and professional formats, and to a variety of audiences.
Generic skills
Students who successfully complete this subject will have developed their skills in the following areas:
- Specialist understanding, interpretation, critical reflection and comparison of trade mark law in Australian and overseas jurisdictions;
- Specialist understanding, critical reflection and comparison of the various historical,
- economic and cultural theories and perspectives relevant to the law of trade marks, reputation and commercial branding;
- Independently analysing, comparing and reflecting critically upon legal developments in the area of trade mark law;
- Specialist ability to apply relevant trade mark statutory texts and common law principles to complex fact scenarios and practical problems; and
- Developing a research question relevant to this complex field, creatively carrying out research involving diverse international sources, and preparing a substantial piece of legal writing displaying sophisticated investigation, analysis, synthesis and application of theoretical understanding.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
This subject requires students to have completed, or have a concurrent enrolment in, the below subject:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50030 | Property | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Students who have completed any of the below subjects are not permitted to take LAWS50075 Trade Mark Law:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70046 | Trade Marks and Unfair Competition | August (On Campus - Parkville) |
12.5 |
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
- Class participation, including leading and participating in discussion and problem solving and one piece of written work (500 words) designed to stimulate class discussion on an assigned topic (10%);
- Three hour examination (90%).
The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Robert Burrell Mode of delivery On Campus (Parkville) Contact hours 36 Total time commitment 144 hours Teaching period 29 July 2019 to 27 October 2019 Last self-enrol date 9 August 2019 Census date 31 August 2019 Last date to withdraw without fail 27 September 2019 Assessment period ends 22 November 2019 Semester 2 contact information
Semester 2 contact information
Email: law-aso@unimelb.edu.au
Phone: +61 3 8344 4475
Website: law.unimelb.edu.au
Additional delivery details
This subject has an enrolment quota of 60. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
-
Specialist printed materials will be made available from the Melbourne Law School;
-
Trade Marks Act 1995 (Cth), available at www.comlaw.gov.au
-
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022