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Intellectual and Industrial Property Law 4th ed


ISBN13: 9780409358254
Previous Edition ISBN: 9780409350159
Published: May 2024
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £110.00



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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).

Subjects:
Other Jurisdictions , Australia
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