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Trade Mark Practice (LAWS90035)
Graduate courseworkPoints: 12.5Dual-Delivery (Parkville)
Please refer to the return to campus page for more information on these delivery modes and students who can enrol in each mode based on their location.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
July
Lecturers
Ben Hopper, Coordinator
Mr Ed Heerey QC
Mr Nick Holmes
Mr Russell Waters
Mr Michael Wolnizer
Mr Ian Drew
Professor Robert Burrell
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July - Dual-Delivery |
---|---|
Fees | Look up fees |
This subject builds on the material covered in the Trade Marks and Unfair Competition subject. Trade Mark Practice focusses on the procedures and practices of the Australian Trade Marks Office in obtaining and maintaining registered trademarks. It covers the relevant aspects of New Zealand trade mark procedures and practice where these are different from those in Australia. Thus, this subject is particularly valuable for students wishing to prosecute trade mark applications through those offices. The rights, privileges and responsibilities of a patent attorney and a trade marks 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 Group B’ and ‘Topic Group D’.
The emphasis of this subject is on the documentation, procedures and practice of the Australian Trade Marks Office and the relevant aspects of New Zealand trade mark 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 attorney and a trade marks 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 attorney and a trade marks attorney
They further will:
- Be able to critically examine, analyse, interpret and assess the effectiveness of the taught practices, procedures, principles, options, rights, privileges and responsibilities
- Have a sound appreciation of the factors and processes driving governmental revisions of the legal framework
- 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 between Australia and New Zealand
- 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 communication skills to clearly articulate and convey complex information regarding practice issues to relevant specialist and non-specialist audiences, including clients
- 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
- 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
Admission into a relevant Melbourne Law Masters program
AND
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70046 | Trade Marks and Unfair Competition | September (Online) |
12.5 |
or an equivalent subject, or appropriate practical experience.
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
Description | Timing | Percentage |
---|---|---|
Take-home examination
| 3 - 6 September | 100% |
Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- July
Coordinator Ben Hopper Mode of delivery Dual-Delivery (Parkville) Contact hours This subject is taught over eight half days. The first six days will be delivered online. The final two days - Thursday 22 July and Friday 23 July - will be delivered on-campus. Note: Attendance online for the final two days may be possible in special circumstances. Total time commitment 150 hours Pre teaching start date 14 June 2021 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 12 July 2021 to 23 July 2021 Last self-enrol date 18 June 2021 Census date 16 July 2021 Last date to withdraw without fail 13 August 2021 Assessment period ends 6 September 2021 July contact information
Lecturers
Ben Hopper, Coordinator
Mr Ed Heerey QC
Mr Nick Holmes
Mr Russell Waters
Mr Michael Wolnizer
Mr Ian Drew
Professor Robert BurrellEmail: 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 in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Intellectual Property Law Course Graduate Diploma in Intellectual Property Law Course Master of Laws Course Master of Commercial Law Course Graduate Diploma in Legal Studies - 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: 3 November 2022