6 points, SCA Band 3, 0.125 EFTSL
Postgraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
Not offered in 2019
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7451
This unit is designed to provide an overview of the international legal regime relating to the protection of trade marks and the regulation of the processes of their registration and use. In addition, it will provide an insight into selected aspects of trade mark law in the major jurisdictions of the United States of America and the European Union.
The overview of the international legal regime will address topics such as the requirements of TRIPS for protection of trade marks.. It may also cover issues generated by regulatory processes for registration that have been widely adopted throughout the world, including those enabling one-stop registrations on an international or regional basis.
The part of the unit dealing with the trade mark regimes of the United States of America and the European Union will cover issues such as requirements for registrability of trade marks, restrictions on registrability and the scope of rights of trade mark owners. The examination of rights will consider the various types of potential trade mark infringement, including consideration of dilution of certain trade marks and defences to infringement claims. The comparisons and contrasts between the two trade mark systems will be examined.
- To provide an overview of the international legal regime relating to the protection of trade marks.
- To provide an overview of the international legal regime relating to the registration and protection of trade marks.
- To provide an understanding of selected and key aspects of the trade mark protection regime in the United States of America.
- To provide an understanding of selected and key aspects of the trade mark protection regime in the European Union, both at the national and CTM level.
- To compare and contrast the trade mark protection regimes in the United States of America and the European Union.
Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.
Assignment (2,250 words): 30%
Take-home exam (5,250 words): 70%
Take-home exam (7,500 words): 100%
(with approval from the Chief Examiner of the unit)
24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)