Intellectual Property - Trade Marks, Designs and Patents

David Price

    Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


    Trade marks, Designs and Patents

    Trade Marks
    Australia's international obligations on trade mark protection
    What is a trade mark/trade sign?
    'Used or intended to be used'
    'To distinguish goods or services'
    Who can register a trade mark?
    Requirements for registration
    Marks which cannot be registered or are difficult to register
    Marks unable to be graphically represented
    Marks likely to deceive or cause confusion
    Substantially identical or deceptively similar to another trade mark
    Incapable of distinguishment
    Descriptive marks
    Scandalous or contrary to law
    Proscribed marks
    Rights given by registration
    Duration of protection
    Certification, defensive, well-known and collective marks
    Trade mark infringements and offences
    Trade marks and geographical indications (GIs)
    Industrial Designs/Designs
    Australian designs protection
    What is a design?
    Requirements for registrability
    Designs excluded from registration
    What exclusive rights does a registered design owner have?
    Infringements and offences
    Dual protection: the copyright/designs overlap
    Why do we have patent protection?
    What is a patent?
    Difficult areas for patentability
    Inventions which are not patentable
    The different types of patents
    The application process
    Exploitation of patents
    Useful organisations
    Original languageEnglish
    Title of host publicationNT Law Handbook
    EditorsPhilip Chung
    Place of PublicationSydney Australia
    Number of pages34
    Publication statusPublished - 2016


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