Shanahan's Australian Law of Trade Marks

Shanahan's Australian Law of Trade Marks

By Dan Shanahan, Mark Davison, Annette Freeman, Tracey Berger, Martin Pollock, Lance Scott

Online

Price: N/A

Date: 24/10/2008

Code: 41167490

Lawbook Co., AUSTRALIA

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Shanahan's Australian Law of Trade Marks

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Available Formats

Format Title Date Code Price
Online Shanahan's Australian Law of Trade Marks 24/10/2008 41167490 N/A

Description

Featuring the annotated Trade Marks Act 1995 (Cth) online, Shanahan's Australian Law of Trade Marks and Passing Off is now offered as part of an enhanced and speedily updated online format.

This subscription publication includes, in addition to the commentary text, a suite of current legislation, with substantial authored annotations to key sections of the Trade Marks Act 1995 (Cth). These explain the operation of the legislation, analyse relevant case law, and provide practical solutions to common challenges faced by practitioners and attorneys alike.

Professor Mark Davison, co-author of the 3rd, 4th and 5th editions of Shanahan in book format, co-authors this service with IP barrister Ian Horak.

Shanahan's Australian Law of Trade Marks and Passing Off is delivered through an easy-to-use online platform which offers:

• Searching and linking: Subscribers benefit from features unique to Thomson’s online publications, such as easy searching, and (subject to separate subscription) full integration with other products such as FirstPoint case research and full text authorised reports – with PDFs – including the Federal Court Reports and Commonwealth Law Reports.

• Currency: Legislation is offered as "Law in Force", updated as soon as possible after amendments commence. The legislation currency information and status flag, displayed above the full text, is updated daily and furnishes practitioners with a holistic overview of all incorporated, pending and future amendments.

Trade Mark Attorneys will benefit from:

• Guidance on the process of obtaining and maintaining patents, as well as enforcing them and challenging their validity
• Increased assurance that lodged patent applications are filed in accordance with Australian trade mark law, increasing the likelihood of success
• Linking to annuals and examination manuals on IP Australia’s website
• Practical solutions-focussed annotations to the Trade Marks Act 1995 (Cth)
• Contrasted Trade Marks and Names table: listing Australian and New Zealand decisions granting or refusing injunctions on various trade marks and names.

IP Lawyers and Counsel will benefit from:

• Discussion on developments in the law of trade marks, with detailed analysis of relevant legislation and case law and an overview of Australia Trade Mark Office practices
• Rapid access to solutions-focussed annotations to the Trade Marks Act, with case linking to the text of the decisions.

Features

  • Overview of Australia Trade Mark Office practices. This covers the process of obtaining and maintaining patents as well as enforcing them and challenging their validity, and includes links through to essential procedural material on IP Australia’s website.
  • Detailed analysis of relevant legislation and case law with key section annotations to the Trade Marks Act, with case linking.
  • Contrasted Trade Marks and Names table: listing Australian and New Zealand decisions granting or refusing injunctions on various trade marks and names.
  • Currency: 4 updates per year, with additional updating in response to any major developments in the area of trade mark law.

Table of Contents

Commentary chapters

Chapter 1 Introduction
Chapter 2 Statutory definition of a trade mark
Chapter 3 Ownership
Chapter 4 The Register and Registration Procedure
Chapter 5 Signs that are Registrable
Chapter 6 Grounds for Rejecting an Application
Chapter 7 Comparison of Trade Marks
Chapter 8 Goods or services of the Same Description
Chapter 9 Concurrent user
Chapter 10 Conditions, Limitations and Disclaimers
Chapter 11 Grounds of Opposition
Chapter 12 Certification and Collective Trade Marks
Chapter 13 Defensive Trade Mark
Chapter 14 Amendment, Cancellation and Revocation of Registration
Chapter 15 Removal for non-use
Chapter 16 Assignment
Chapter 17 Licensing  of Trade Marks
Chapter 18 Infringement
Chapter 19 Parallel importing
Chapter 20 Passing off
Chapter 21 Instances of Passing Off
Chapter 22 Competition and Consumder Act 2010
Chapter 23 Groundless Threats of Proceedings
Chapter 24 Trade Marks and Electronic Commerce
Chapter 25 Court Proceedings
Chapter 26 Penal Offences and Customs Seizure

Annotated Trade Marks Act 1995 (Cth)
Trade Marks Regulations 1995 (Cth) 

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