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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 (login required)(opens in new window)
Contact information
October
Lecturers
Benjamin Hopper (Coordinator)
Professor Robert Burrell
Ed Heerey
Nick Holmes
Michael Wolnizer
Ian Drew
Greg Chambers
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | October |
---|---|
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.
The subject will be taught by:
- four ‘pre-teaching’ weeks conducted online (outside the classroom)
- one-week intensive conducted on-campus (in the classroom).
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
- 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
- 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 clients' 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 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: 21 February 2024
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 |
March (On Campus - Parkville)
July (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: 21 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Multiple-choice test
| 1 October 2024 | 10% |
Take-home examination
| 1 - 4 November 2024 | 90% |
Hurdle requirement: A minimum of 80% attendance on each on-campus day of the course. | Throughout the teaching period | N/A |
Last updated: 21 February 2024
Quotas apply to this subject
Dates & times
- October
Principal coordinator Ben Hopper Mode of delivery On Campus (Parkville) Contact hours Two 'pre-teaching' weeks conducted online (asynchronous); one-week intensive conducted on-campus (synchronous). Attendance online may be possible in special circumstances. Total time commitment 150 hours Pre teaching start date 4 September 2024 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. Before classes begin, make sure you prepare carefully for the online multiple-choice test. Teaching period 2 October 2024 to 8 October 2024 Last self-enrol date 9 September 2024 Census date 3 October 2024 Last date to withdraw without fail 11 October 2024 Assessment period ends 4 November 2024 October contact information
Lecturers
Benjamin Hopper (Coordinator)
Professor Robert Burrell
Ed Heerey
Nick Holmes
Michael Wolnizer
Ian Drew
Greg ChambersEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
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 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: 21 February 2024
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 Commercial Law Course Master of Laws Course Graduate Diploma in Intellectual Property Law Course Master of Intellectual Property Law - 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-masters@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: 21 February 2024