Objectives:
This course will examine issues concerning trade mark law and other distinctive signs. A candidate who has successfully completed the subject should have acquired:

• An understanding of the value of trade marks and distinctive signs in the modern competitive environment;
• A recognition of the importance of trade marks in international trade;
• An appreciation of the nature of the Australian trade mark system and related areas of consumer protection;
• An awareness of the special protection accorded to certain signs�such as geographical indications, Olympic insignia, domain names; and authenticity marks; and
• A critical approach to evaluating the economic and social impact of policy reforms regarding trade marks and other distinctive signs.

Content:
This course covers trade mark law, the common law action of passing off, the Trade Practices Act, and sui generis forms of protection such as geographical indications, Olympic insignia, and authenticity marks. Principal topics include:

• The action for passing-off and remedies under Part V of the Trade Practices Act 1974.
• Character merchandising
• Unfair competition
• The function of trade marks and trade names
• Registration of trade marks under the Australian Trade Marks Act 1995
• Management, maintenance, licensing and assignment of trade marks
• Infringement, defences and remedies
• International harmonisation of trade mark law, in relation to well known marks, definition of trade mark use on the Internet, and trade mark licensing
• Implementation of the Madrid international system in Australia
• Approaches to managing the overlap between trade marks and GI law, and mediating specific conflicts between rights
• The use and effectiveness of Indigenous authenticity marks and other forms of certification and collective marks
• Sui generis approaches to protection, including the protection of Olympics insignia
• Contribution to current consideration of domain name management in relation to Geographical indications, names of international organisations, pharmaceutical terms and personal names, and analysis of the implications for trade mark law of the current ICANN rules.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

Introduction to Legal Reasoning and Research (non-lawyers); Principles of Intellectual Property Law