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Trade Mark Law (LAWS50075)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 |
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Fees | Look up fees |
This subject is about the legal protection of trade marks and elements of branding and reputation. It addresses three overlapping themes. 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 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. Students will critically evaluate issues such as the scope of trade mark protection, the types of insignia that protection should cover and what uses should be permitted by third parties in commercial and artistic settings. Students will also consider 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 aspect compares the legal regimes in other jurisdictions – in particular, the United States, the European Union, the UK and New Zealand.
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
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
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 |
AND
Note: the following subject/s can also be taken concurrently (at the same time)
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50030 | Property | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70046 | Trade Marks and Unfair Competition | August (On Campus - Parkville) |
12.5 |
LAWS70243 Trade Mark Practice
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 10% |
Online take-home examination (4hrs)
| During the examination period | 90% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
Coordinators Robert Burrell and Lindy Golding Mode of delivery On Campus (Parkville) Contact hours Due to staff location some seminars may be online. Total time commitment 144 hours Teaching period 27 February 2023 to 28 May 2023 Last self-enrol date 10 March 2023 Census date 31 March 2023 Last date to withdraw without fail 5 May 2023 Assessment period ends 23 June 2023
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
- Trade Marks Act 1995 (Cth), available at www.comlaw.gov.au; and
- Specialist materials will be made available via the LMS.
- 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: 31 January 2024