Intellectual and Industrial Property Law, 4th edition

A clear and accessible introduction to contemporary Australian intellectual property law

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Book:Paperback
ISBN/ISSN: 9780409358254
Release Date: March 01, 2024
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Product description

This engaging text explains and discusses the major principles and issues underpinning intellectual and industrial property law in Australia. The content is structured to develop an understanding of each key topic, while a separate chapter on remedies introduces matters of practical importance in intellectual property disputes. Also included in this text are plentiful cases to illustrate how intellectual and industrial property law has been applied.

The fourth edition has been revised and updated with important recent developments such as amendments to several IP laws introduced by the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 and the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020, and the application of s 18 of the ACL and its relationship with passing off. Significant decisions discussed include:

• patent law: Calidad Pty Ltd v Seiko Epson Corp [2020] HCA 41 (exhaustion of rights); Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (computer implemented inventions)
• trade marks: Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 (BOTOX trade mark and deceptive similarity)
• copyright: Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 and AGL Energy Ltd v Greenpeace Australia Pacific Ltd [2021] FCA 625 (parody and satire fair dealing defence).

Features

• Wide-ranging coverage of legal issues
• Authoritative author
• Accessible, student friendly style

Related Titles

• Ricketson et al, Intellectual Property: Cases, Materials and Commentary, 7th ed, 2024
• Stoianoff, Chilton & Monotti, Commercialisation of Intellectual Property
• van Caenegem et al, Intellectual Property in Australia, 7th ed, 2022

 

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Table of contents


  • 1. Themes and Concepts in Intellectual Property Law

  • 2. Copyright: Subsistence Requirements

  • 3. Copyright: Ownership and Exploitation

  • 4. Copyright Infringement in General

  • 5. Copyright: Other Rights and Exceptions

  • 6. Registered Designs

  • 7. Patents: Subject Matter

  • 8. Patents: Novelty and Inventiveness

  • 9. Patents: Ownership, Assignment and Licence

  • 10. Patents: Infringement

  • 11. Breach of Confidence: Elements of the Action

  • 12. Breach of Confidence: Defences, Remedies and Employees

  • 13. Passing Off

  • 14. Registered Trade Marks: Definition of a Mark and Distinctiveness

  • 15. Registered Trade Marks: Other Requirements

  • 16. Registered Trade Marks: Infringement

  • 17. Sui Generis Regimes: Circuit Layouts and Plant Varieties

  • 18. Digitisation

  • 19. Remedies in Intellectual Property Law