units

LAW7451

Faculty of Law

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Monash University Handbook 2011 Postgraduate - 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.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2011
Coordinator(s)Professor Graeme Dinwoodie

Synopsis

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.

Objectives

  1. To provide an overview of the international legal regime relating to the protection of trade marks.
  2. To provide an overview of the international legal regime relating to the registration and protection of trade marks.
  3. To provide an understanding of selected and key aspects of the trade mark protection regime in the United States of America.
  4. 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.
  5. To compare and contrast the trade mark protection regimes in the United States of America and the European Union.

Assessment

Assignment (2,250 words): 30%
Take-home exam (5,250 words): 70%
OR
Take-home exam (7,500 words): 100%
(with approval from the Chief Examiner of the unit)

Chief examiner(s)

Professor Graeme Dinwoodie

Contact hours

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)