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Australian Trade Mark Law

Australian Trade Mark Law

ISBN 9780195519648
Edition 2
Publication Date
Publisher Oxford University Press
Australian Trade Mark Law 2nd edition provides a comprehensive overview of trade mark law in Australia and encourages readers to engage critically with the operation of the Australian trade mark system as a whole.  It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped this system.  As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems. New to this editionNew chapter ‘Overcoming Conflicts with Earlier Marks’Comprehensive discussion of the impact of the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth), including on opposition procedures, damages for infringement, criminal liability and customs seizureExtensive treatment of new and emerging issues, including tobacco trademarks, franchising, the securitisation of trade marks, online infringement through metatags and keyword advertising, and parallel importationDetailed analysis of the High Court’s decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014), and of major new Federal Court cases on grounds of rejection and opposition to registration, non-use, trade mark infringement, passing off and consumer protection legislationSelected use of new comparative material from the EU, US and New Zealand

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