Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers’ rights, artist's resale rights, and other rights
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Index
- References
This chapter is part of a book that is no longer available to purchase from Cambridge Core
4 - Exploitation of registered trade marks
Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers’ rights, artist's resale rights, and other rights
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Index
- References
Summary
Overview of infringement of trade marks
The rights of an owner of a registered trade mark are stated in s 20(1) to be the right to use the trade mark and to authorise other persons to use the trade mark in relation to goods and/or services in respect of which the trade mark is registered. Section 20(2) also provides that the registered owner has the right to obtain relief under this Act if the trade mark has been infringed.
Section 120(1)–(3) provides three different circumstances in which a registered owner may sue for infringement. However, before turning to the individual aspects of each sub-section, a number of general features of the three different forms of infringement can be identified and examined.
- Type
- Chapter
- Information
- Australian Intellectual Property Law , pp. 139 - 183Publisher: Cambridge University PressPrint publication year: 2011
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