units

LAW4535E

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedPrato Term 2 2011 (Day)

Synopsis

This unit will provide an overview of the obligations under international law to provide protection to trade marks and a comparison of selected, key aspects of trade mark protection in Australia, the United States and the EU. Consequently, in relation to international law. it will examine the trade mark aspects of the TRIPS agreement and the Uniform Dispute Resolution Policy of ICANN relating to domain names. To a lesser extent, deal with the Paris Convention for the Protection of Industrial Property and the Madrid Protocol relating to multiple filings of trade mark applications. Selected, key aspects of comparison will include issues such as jurisdiction specific approaches to ownership, the requirements for registrability of trade marks such as shape trade marks and the different approaches to infringement, including dilution of trade marks and parallel importing. Other topics may include the registration and control of domain names. It is likely that, in light of Australian legislative proposals, the unit will also critically examine the arguments of the tobacco industry that international trade mark obligations prevent the implementation of plain packaging of cigarettes.

Objectives

  1. A knowledge of the key international conventions in the field of trade mark law.
  2. An understanding of the key issues relating to trade mark registration and enforcement of trade mark rights.
  3. Be able to compare and contrast approaches to key issues in trade mark registration and enforcement in Australia, the USA and the EU.
  4. Have an understanding of cross-border trade mark issues such as control of domain names.
  5. Awareness of the limits, if any, on government regulation of trade marked products

Assessment

Class participation: 10%; compulsory assignment (1,500 words): 30%; and final exam of 2 hours plus 30 minutes for reading and noting: 60%

Chief examiner(s)

Professor Mark Davison

Contact hours

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and exam revision time over the duration of the course.