This Submission by nine intellectual property academics responds to the Draft Report in the Inquiry into IP Arrangements published by the Australian Productivity Commission on 29 April 2016 ('Draft Report').In broad terms, the submission supports many of the goals of, and recommendations of, the...

In this article we seek to explore the relationship between dilution and trademark registration. We argue that existing mechanisms for protecting against dilution fit uncomfortably alongside the information function of trademark registers. We therefore explore, as an alternative method of...

An applicant for registration of a trade mark facing an objection under s 44 of the Trade Marks Act 1995 (Cth) based on the existence of a conflicting earlier mark has a number of options available to it in order to overcome such an objection. One such option is to bring proceedings to have the...

The Personal Property Securities Act 2009 (Cth) creates a new national system to regulate the creation and enforcement of security interests over personal property in Australia. This paper explores how this system will apply to security interests over registered trade marks. It argues that there...

This chapter, published in an edited collection on IP and digital technologies, has two related goals. The first, which forms the basis of section 2, is to explore how courts in four jurisdictions – the EU, the US, Australia and New Zealand – have addressed the challenges posed by keyword...

This chapter, published in a collection on the theme of trade mark law reform, deals with the problem of “overclaiming”. This is an area that, in our view, has yet to attract sufficient attention: although some of the individual problems we discuss in this chapter have been recognized by...

Historically, common law countries took a restrictive approach to transactions involving trademarks. This restrictive approach was said to flow from the reasons for granting protection for trademarks in the first place. If a trademark communicates information to consumers as to the origin and...

In Roadshow Films v iiNet the Australian High Court will consider whether an Internet Service Provider (ISP) can be held liable for authorising copyright infringements committed by its subscribers. The case has significant ramifications for the regulation of the internet in Australia and may...

This article argues that, contrary to contemporary assertions that today's debates over copyright are the product of outdated business models being threatened by innovators, this struggle between competing economic interests and different business models has existed since before the Statute of...