Intellectual Property and the Common Law

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  1. Legislation
  2. Australian Intellectual Property laws
  3. Intellectual property - Wikipedia

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Scholarships may also be provided by government and non-government organisations in a students' home country. Please contact the relevant organisation in your country for specific details. Students who have Australian or New Zealand citizenship, Australian permanent residency or hold an Australian permanent humanitarian visa.

There are six intakes each year for domestic students see table below. The intake you choose will depend on when you want to commence your course. You can refer to the University Handbook for information on teaching dates for each subject. You only need to select one intake when applying.

Once we receive the completed application we aim to have a response to you within four to six weeks. Start an online application. Having trouble with your application? The subjects are very engaging with one-on-one tutorials and the teaching staff are very encouraging and supportive of all students. The fact that they are current IP professionals means that the knowledge you gain is current and industry relevant. Have expert, specialised cognitive and technical skills that equip them to independently: analyse, critically reflect on and synthesise complex information, concepts and theories in the field of intellectual property law research and apply such information, concepts and theories to the relevant body of knowledge and practice; and interpret and transmit their knowledge, skills and ideas to specialist and non-specialist audiences, including clients Apply their knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of intellectual property law generally.

Professional Accreditation

Subject Timing and Format The Melbourne Law Masters program has been designed around the busy schedules of working professionals. Next: Subjects. Since you're the only one using the mark, there's no confusion among consumers. Customers won't accidentally visit a competitor store believing it's linked to yours. Common law trademark rights are limited to the geographic area the intellectual property is used in and any areas where it could reasonably expand. If a hair salon trades under the name Curlz in California, the common law trademark rights for this name are only valid in California.

So long as the owners didn't know about the Californian Curlz, a salon in Maryland could also trade under the name Curlz without infringing the trademark. However, if the Maryland Curlz began franchising outlets around the country, the common law trademark would prevent it opening a new salon close to the one in California. Place the symbol next to your trademarked material to inform your competitors of its trademark status. This symbol could be enough to make copycats think twice. It's your responsibility to enforce your common law trademark rights.

If you don't, you could lose your right to protection.


For example, if you don't oppose the registered trademark application of a patent that infringes on your common law trademark within five years, your common law trademark could be revoked. If a competitor business starts using your mark, you should send a cease-and-desist letter. If this fails, speak to a trademark lawyer about filing an infringement lawsuit. Common law trademarks are built into your state's code and are enforceable by its courts. You will need to prove you deserve exclusive use of the mark. You'll do this in the same way someone with a registered trademark proves use:.

Usually common law trademark claims use similar doctrines and case law to the Lanham Act. State and federal courts often rely on the trademark precedents established in previous common law trademark cases to make their rulings. Common law trademarks aren't governed by statute as federal registered trademarks are. Instead, they were created under a system of rights governed by state law. You don't need federal registration to have common law trademark rights or start using the trademark symbol.

In addition, businesses holding a registered trademark in the U. While registering a federal trademark has many advantages, it does not give holders priority over common law trademark holders. In a well-documented case, the national fast food chain Burger King could not open a Burger King outlet within 20 miles of Matoon, Illinois, because a small burger restaurant called Burger King already had a common law trademark there.

Australian Intellectual Property laws

Before using a piece of intellectual property, U. While you can do your own search, a U. Once you're sure you can use a mark under a common law trademark or register the trademark, act quickly. Search results can quickly lose relevance. If you haven't started using the trademark or filed for its registration after two to three months, you must repeat the searches.

Many businesspeople handle their own trademark matters without any problems. However, common law trademarks can be difficult and confusing. A lawyer can help make any matters surrounding your trademark easier. Attorneys can conduct regular research to make sure no one infringes on your trademark. A lawyer can also help if your application or trademark runs into one of the following issues:. Prices vary depending on:. The opposer can reply within 15 days.

In the United States, words, design elements, and sounds used in commerce must be distinctive to get trademark protection. Simple shapes and generic words and phrases aren't distinctive enough for patent protection. Words and phrases that simply describe goods, services, or businesses usually won't pass either. If the mark becomes distinctive, the applicant can get it moved to the Principal Register. Suggestive marks that are more abstract and creative are always distinctive and easier to register.

The common law mark goes to the company that started using the business name first. This establishes prior use, which is a key part of the first-to-market rule.

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  8. Constitution, Article I, Section 8. Congress' power to regulate trademarks is constitutionally grounded in the Commerce Clause. The U.

    Intellectual property - Wikipedia

    Patent and Trademark Office PTO is responsible for issuing and monitoring federally registered patents and trademarks. Although patents are exclusively governed by federal law, trademarks may also be regulated by State law. Copyrights are exclusively regulated by federal law and must be registered with the U. Copyright Office to be enforceable. Trade secrets are primarily regulated at the State level, and are traditionally subject to the laws of unfair competition.