Units

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Sample subject outline - 6 Week Teaching Period - 3 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Knowledge of trade mark law is integral to the understanding of, and practice in, the area of intellectual property law. In order to gain a sound understanding of trade mark law, it is important to learn the statutory requirements and the associated procedures relating to registration of trade marks, domain names and geographical indications. This unit will also examine issues relating to infringements and the principles of law applicable here.

Aims

This unit aims to provide an understanding of the legal protection provided to trade marks under legislation and the common law. It will introduce you to the principles of law required for obtaining, maintaining, managing and exploiting a registered trademark under the Trade Marks Act 1995 (Cth). It will also consider the principles of law underlying infringement proceedings and enforcement of registered trade marks.

Objectives

On completion of this unit, you should be able to:
(i) distinguish the nature of trade mark systems;
(ii) apply the principles of law for obtaining registration of a trade mark, maintaining, managing and exploiting a registered trade mark and opposing the registration of a trade mark and rectifying the Trade Marks Register;
(iii) apply the principles of law relating to infringement proceedings and enforcement of a registered trade mark;
(iv) argue the principles of law by which unregistered trade marks are protected in Australia;
(v) discuss statutory and common law means of protecting trade indicia including Olympic Insignia legislation and other subject specific legislation including geographical indications; and
(vi) demonstrate advanced written and research skills through critical analysis within the context of trade mark law issues.

Content

The topics covered in this unit will include the following:
1. Functions of trade marks and their relationship with business names, company names and domain names;
2. Different types of trade marks including collective, certification and defensive trade marks;
3. Requirements for registration
4. Registration process including opposition to registration and rectification of the Trade Mark Register;
5. Management and maintenance of registered trade marks;
6. Licensing, assignment, franchising and parallel importation of trade marked goods;
7. Infringement of trade marks, groundless threats actions, defences and remedies;
8. Protection of well known trade marks;
9. Action for passing-off and remedies under the trade practices legislation;
10. Regional and International Trade mark registration system - the Madrid system;
11. Domain Name System including domain names Disputes - WIPO Rules and Domestic Jurisdictions;
12. Protection of Geographical Indications at the national and international level; and
13. Asia-Pacific perspective on trade marks and geographical indications.

Approaches to Teaching and Learning

This unit is taught in intensive mode This Unit will be taught in intensive mode of workshops, seminars and lectures made up of 26 hours taught over 5 consecutive weekdays. Attendance is compulsory. You will be provided with a Learning Guide in advance containing extensive notes, references to case law and legislative provisions. You are expected to have read the relevant material before coming to class and be prepared to participate in the class discussion. This Unit is supported by an on-line teaching (Blackboard) site.

Assessment

To focus on the strengthening of oral communication skills, feedback will be offered to you by the lecturer during class discussion. You will have the opportunity to consult with the lecturer on an informal basis.

Assessment name: Class presentation
Description: 5 minute (maximum) presentation
The first assessment item comprises a presentation to the class is on a topic chosen by the student from an area covered in lectures.
Relates to objectives: (i) - (v)
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: Final day of Block

Assessment name: Take-home online written exam
Description: On-line examination to be completed within the set time lines
The written examination is a measure of your understanding of the basic principles of this unit.
The question is released on 9:00am Saturday morning between 2 and 4 weeks after teaching. The study guide will have exact dates.
Relates to objectives: (i), (ii) and (v)
Weight: 35%
Internal or external: Internal
Group or individual: Individual
Due date: 3 days after release

Assessment name: Research Paper
Description: 4,000 word research paper
The research paper will require you to analyse a contemporary issue concerning trade mark law in a well thought-out manner. A choice of topics will be available for you but if you wish to choose your own topic, you will need to consult with the Unit Coordinator before commencing your research.
Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet (available electronically from 'Publications' found under 'Study' on the Faculty of Law homepage) and will be assessed in compliance with Section 10.2.
The School of Law has also produced its own citation guidelines. These guidelines can be accessed under 'Publications' as well and are recommended for all students undertaking postgraduate studies. Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
Relates to objectives: (i) - (vi)
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: 6-8 Wks after Block

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Readings
Trade Marks Act 1995 (Cth)
Trade Marks Regulations 1995 (Cth)
There is no prescribed text for this unit. Materials will be made available to you on the Blackboard site for the unit.
Reference Materials
Trade Marks Office Draft Manual of Practice and Procedure 1995 as updated. This is
available on www.ipaustralia.gov.au/trademarks
Reference Texts
McKeough J., Griffith P. and Stewart A.Intellectual Property in Australia, 3rd edition,Butterworths, Sydney, 2004
Elkington, B., Hall, M. and Kell, D., Trade Mark Law in Australia, Butterworths, Sydney, 2000.
Dwyer J., Lahore J. and Garney J. Patents, Trade Marks and Related Rights, Butterworths,Sydney. 1996
Shanahan, D.R, Australian Law of Trade Marks and Passing Of, 3rd edition, Law Book Company, Sydney, 1985.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 16-Jan-2013