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
