James Cook University BU1112 Business Law Lecture note.ppt

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Invention: ? must be a ‘manner of manufacture’; National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 ? must be ‘novel’; ? must involve ‘an inventive (or innovative) step’; ? must be ‘useful’; and ? must not have been ‘secretly used in the patent area before the priority date’. Patent Rights ‘Exclusive rights, during the term of the patent, to exploit the invention’: s 13(1). Normal term is 20 years for a standard patent and 8 years for an innovative patent. The patentee can exercise those rights personally or can authorise (licence) others to exercise them. The rights can also be sold, assigned or otherwise disposed of. ? Infringements and Remedies ? ·??? Injunction ? ·??? Damages ? ·??? Account of profits ? Trade Marks Law contained in the Trade Marks Act 1995 (Cth) Section 17 - a ‘trade mark’ is: a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person. The Three Features of a Trade Mark are: ·??? it will be a ‘sign’, ·???it will be used (or will be ‘intended to be used’) in relation to goods or services and ·??it will be used to distinguish its registered owner’s goods or services from goods or services dealt with or provided by any other person. Give examples from real life of Trade Marks that consist of signs including the following or any combination of the following:?a. a letter;b. a word;c. a name;d. a signature;e. a numeral;f. a device;g. a brand;h. a heading;i. a label;j. a ticket;k. an aspect of packaging;l. a shape;m. a colour;n. a sound;o. a scent. Registration Unregistered trade marks can be used to promote goods and services but they are not protected by the Act. ?If an unregistered trade mark is infringed its owner can only sue: ·?in ‘passing off’: or ·?under the misleadin