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Trade Marks and Unfair Competition (LAWS70046)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
August
Lecturers
Professor Robert Burrell (Coordinator)
Ms Lindy Golding
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | August |
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Fees | Look up fees |
This subject is concerned with the laws in Australia that protect trade marks and relevant aspects of New Zealand law on this topic. Trade marks play a pivotal role in the marketing of goods and services, and generally are one of a trader‘s most valuable assets. The protection of trade marks is thus of critical importance to all traders but is also important to consumers, who rely on the information conveyed by trade marks. This subject concentrates on the trade mark protection regime provided by the Trade Marks Act 1995 (Cth), and involves a detailed study of the provisions of this Acts and related case law, together with relevant aspects of the corresponding New Zealand laws and cases. The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth), and corresponding New Zealand statutory provisions, proscribing misleading and deceptive conduct are also covered.
This subject meets the Trans-Tasman IP Attorneys Board (TTIPAB) requirements for ‘Topic Group C’.
Professor Robert Burrell is an experienced intellectual property academic and a registered trade mark attorney with extensive experience of Australian trade marks law and practice. Lindy Golding is a former partner in a leading London law firm who specialised in intellectual property matters, including copyright and trade marks.
Principal topics include:
- The function of trade marks
- Registration of trade marks under Australian and New Zealand laws
- Infringement, defences and remedies
- Licensing and assignment, and other exploitation of trade marks
- Removal and cancellation of registration
- Management and maintenance of trade marks
- The action for passing-off and actions for contravention of the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (Cth) proscribing misleading and deceptive conduct (and the corresponding provisions under New Zealand law)
- Other protections for name and insignia, including the domain name system.
Intended learning outcomes
A student who has successfully completed this subject will
- Have an advanced and integrated understanding of the legal principles
- for obtaining, maintaining, protecting and exploiting a registered trade mark in Australia and New Zealand; and
- for protecting a trade mark otherwise than by registration in both countries.
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal principles
- Have the skills and ability to apply their knowledge to new situations encountered in their practice as a trade marks professional
- Be an engaged participant in debate regarding emerging and contemporary issues in the field such as regulating the parallel importation of trade marked goods, the granting of anti-dilution protection to well known trade marks and the introduction of laws prohibiting unfair copying or unfair competition
- Have a sound appreciation of the factors and processes driving parliamentary revision of the legal framework
- Have a detailed understanding of situations which give rise to difficulties in obtaining, maintaining and protecting registered trade marks.
- Have a detailed understanding of the limitations of the regime for protecting unregistered trade marks
- Have an advanced understanding of the application of the legal principles 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 clients’ rights, once granted
- Have the cognitive and technical skills to generate critical and creative ideas relating to substantive law issues in the field, and to critically and independently evaluate existing legal theories and principles
- Have the cognitive and technical skills independently to examine, research and analyse existing and emerging issues relating to trade mark law
- Have the communication skills to clearly articulate and convey complex information regarding legal issues in trade marks law 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 marks law.
Last updated: 30 January 2023
Eligibility and requirements
Prerequisites
Melbourne Law Masters Students: None
JD Students: Successful completion of all the below subjects:
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
LAWS50030 | Property | Semester 1 (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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 30 January 2023
Assessment
Additional details
Take-home examination (5,000 - 6,000 words) (100%) (4 - 7 October)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 30 January 2023
Quotas apply to this subject
Dates & times
- August
Principal coordinator Robert Burrell Coordinator Lindy Golding Mode of delivery On Campus (Parkville) Contact hours 34 hours Total time commitment 150 hours Pre teaching start date 24 July 2019 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 21 August 2019 to 27 August 2019 Last self-enrol date 29 July 2019 Census date 21 August 2019 Last date to withdraw without fail 13 September 2019 Assessment period ends 7 October 2019 August contact information
Lecturers
Professor Robert Burrell (Coordinator)
Ms Lindy GoldingEmail: 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: 30 January 2023
Further information
- Texts
Prescribed texts
Specialist materials will be made available free of charge from Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- 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.
- 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: 30 January 2023