LAW5341 Trade mark practice
Faculty of Law
LAW5341 Trade mark practice is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2022. It has no prerequisites.
- Credit points
- 6
- Offered in 2022
- Not offered
- Assessment
- Exam 50%
- and 2 other tasks
This is the 2022 handbook entry. See the 2027 entry.
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Overview
This unit is designed to meet the requirements of the Professional Standards Board for Patent and Trade Marks Attorneys (PSB) in relation to trade mark practice and the professional conduct of trade marks attorneys. The unit content details the process by which trade mark applications are made, opposed and registration maintained. It also deals with exploitation of registered trade mark rights via assignment, licensing and their use as security in financial transactions. It also deals with conflicts of interest and the need to maintain appropriate monitoring systems.
Emphasis is placed on the practical aspects of trade mark practice as is relevant to the practice of a registered Trade Marks Attorney. To this end, the unit places particular emphasis on the practices and procedures of the Australian Trade Marks Office. It also seeks to provide students with a practical appreciation of the practice of a Trade Marks Attorney through identification and resolution of practice and procedure issues that frequently arise when dealing with trade marks through the application process and after registration.
Professional conduct for Trade Marks and Patent Attorneys, including such issues as registration, professional liability and negligence issues, conflicts of interest, privilege, confidentiality, maintenance of rights and monitoring systems, fiduciary obligations to clients, and the Institute of Patent and Trade Mark Attorneys Code of Conduct.
Offerings in 2022
The 2022 handbook lists no offerings for LAW5341.
Assessment
- Assignment50%
- Take home exam50%
- For professional conduct students only - Professional conduct assignmentOther-
Learning outcomes
When you finish this unit, you should be able to:
- 1
Meet the learning requirements of the Professional Standards Board for Patent and Trade Marks Attorneys in relation to Trade Mark Practice (topic group D) and Professional Conduct (topic group B)
- 2
Apply knowledge and understanding of the rights, privileges and responsibilities of trade marks attorneys
- 3
Investigate, analyse and synthesise complex information, problems, and concepts in relation to trade mark practice, especially the prosecution of trade marks applications, opposition to trade mark applications and the maintenance of registration and the means of exploiting those trade marks
- 4
Conduct research in relation to trade mark practice and all aspects of prosecution of trade mark applications and filing of such applications.
- 5
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and and concepts relevant to the tasks of advising a client on and filing opposition to a trade mark application, including the preparation of relevant evidence and the conduct of hearings
- 6
Apply cognitive, technical and creative skills to advise clients on the desirability of seeking trade mark protection
- 7
Use those same skills to advise clients on alternative protection regimes in Australia (such as passing off and use of the Trade Practices Act)
- 8
Use those same skills to advise clients on trade mark registration in other countries and via international conventions, including Paris convention trade mark applications, Madrid Protocol applications and European Community Trade Mark applications.
Workload and teaching
- Workshops24 hours
- Teaching approachActive learning
24 contact hours (Trade mark practice only students) or 30 contact hours (Professional conduct only students) per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)
Learning resources
Required resources
See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.
Where it fits
LAW5341 is part of 3 areas of study in the 2022 handbook.
Contacts
- Chief Examiners
- Ian Horak
Common questions
What are the prerequisites for LAW5341?
LAW5341 has no prerequisites.
When is LAW5341 offered?
LAW5341 has no offerings listed in the 2022 handbook.
Does LAW5341 have an exam?
Yes. The exam is worth 50% of the final mark, alongside 2 other tasks.
Which majors and minors include LAW5341?
LAW5341 is part of Commercial and corporate law; Public sector governance and regulation; and Technology and innovation.