Franchisors' Registered Trade Marks under Australia's Trade Marks Act 1995 (Cth)

protection of trade marks against unfair competition

the law of prohibition of unfair competition prohibits any deed or action which is against the normal competition in the market. before emergence of special laws for protection of intellectual property rights, including trademarks, such right could be protected either by tort law claims or law of unfair competition. however, the law of prohibition of unfair competition covers a wider area than ...

Significant Developments in Community Trade Marks and Design Law

The purpose of a trade mark is to enable the consumer to distinguish the goods and services offered to him by their original enterprise. In this respect a trade mark is a sign that can be perceived through any sense the consumer uses to communicate with the outside world. In principle, any message capable of being perceived by the senses can constitute an indication for the consumer to identify...

The Impact of Section 51ac of the Trade Practices Act 1974 (cth) on Commercial Certainty

[Section 51AC of the Trade Practices Act 1974 (Cth) was introduced in 1998 to protect small business from unconscionable conduct. This initiative was taken following a number of government reports that highlighted the exploitation some small businesses suffer at the hands of larger businesses. This article argues that legislative intervention in this context is justified and that the mechanism ...

Trade Marks Act 1994 in the Matter of Application No 2031496 by Checkpoint Security Services Limited to Register a Trade Mark in Class

Protecting Intellectual Property: British, European and American Patents and Trade Marks of Selected UK Companies

The paper begins with a discussion of the nature and relationship of trade marks to patents. We ask whether trade marks should be classed as market improving intellectual property (IP) or as private intangible assets. Our empirical aims are to document the acquisition of these two kinds of IP by UK firms and to investigate the Schumpeterian relationship between firm size and IP. We use a newly ...