LAWS6860 - Intellectual Property: Issues in Marketing Rights

Objectives

  • Examine the theoretical and practical issues in the law of registered trade marks and passing-off.
  • Explore the role of unfair competition reasoning in the cases and issues such as the concept of ‘sign’ (including shapes) in contemporary trade mark law.

Content

The concept of ‘property’ in trade marks and other trade indicia; the optimal decision-making model for trade mark law; counterfeiting and compliance with the requirements of the TRIPS Agreement; character merchandising and the appropriation of the celebrity persona; the requirement of misrepresentation in passing off and the tension between trade mark dilution rules and freedom of communication.

Session

Semester 2 Intensive
10-11 & 17-18 September 2010

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

  • Class Participation (20%)
  • 1 x 2 Hour Open Book Exam (80%)

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Business Law | Graduate Diploma in Commercial Law | Graduate Diploma in Corporate, Securities and Finance Law