Abstract
Trade marks, Designs and Patents
Trade Marks
General
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
Introduction
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
Patents
Introduction
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
Infringement
Useful organisations
Trade Marks
General
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
Introduction
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
Patents
Introduction
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
Infringement
Useful organisations
Original language | English |
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Title of host publication | NT Law Handbook |
Editors | Philip Chung |
Place of Publication | Sydney Australia |
Publisher | AustLII |
Number of pages | 34 |
Publication status | Published - 2016 |