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37556 results in Cambridge Textbooks

Page 839 of 1878

  • 15 - Registered trade marks

  • from Part IV - Trade marks
  • Mark J. Davison, Monash University, Victoria, Ann L. Monotti, Monash University, Victoria, Leanne Wiseman, Griffith University, Queensland
  • Book:
    Australian Intellectual Property Law
    Published online:
    12 May 2020
    Print publication:
    06 May 2020, pp 569-642

  • Summary

    The registration of trade marks was a reasonably natural development beyond the law of passing off. While passing off or its statutory equivalents have and still have numerous advantages, they are inadequate in some respects as a means of facilitating the exploitation of signs used to indicate the origin of goods or services or as a means of defining and regulating property rights.

  • 6 - Areas related to copyright: moral rights, performers’ rights, artist’s resale rights, and other rights

  • from Part II - Copyright, designs and related rights
  • Mark J. Davison, Monash University, Victoria, Ann L. Monotti, Monash University, Victoria, Leanne Wiseman, Griffith University, Queensland
  • Book:
    Australian Intellectual Property Law
    Published online:
    12 May 2020
    Print publication:
    06 May 2020, pp 168-195

  • Summary

    This chapter examines some of the rights that are closely associated with but not usually seen as part of copyright law. The first section examines the moral rights that are given to creators upon creation of a copyright work. Moral rights are independent of copyright but arise where copyright subsists in a work, and continue to exist even though the creator may have sold (assigned) their copyright in the work. This is followed by an examination of the protection given to performers under the Copyright Act 1968 (Cth). The law in this area has undergone a number of recent changes, principally as a result of the Australia–US Free Trade Agreement 2004 (AUSFTA), which extended the protection to include control over authorised sound recordings of performances, as well as providing moral rights for certain types of performances. Later sections of this chapter consider resale royalty rights, circuit layout rights, and the public and educational lending rights schemes.

  • 7 - Designs

  • from Part II - Copyright, designs and related rights
  • Mark J. Davison, Monash University, Victoria, Ann L. Monotti, Monash University, Victoria, Leanne Wiseman, Griffith University, Queensland
  • Book:
    Australian Intellectual Property Law
    Published online:
    12 May 2020
    Print publication:
    06 May 2020, pp 196-218

  • Summary

    From the chairs that we sit on, to the pens that we write with and the clothes that we wear, design plays an important role in many aspects of our lives. Design impacts on objects in a range of ways, from the way that objects look through to the way that they function. Given this, it is not surprising that design is pivotal to the commercialisation and marketing of many different products. In this chapter, we look at the law that encourages and protects the skill, labour and effort that goes into the creation of new designs. Intellectual property protection for designs focuses on the visual appearance of commercial or industrial articles, rather than their function or the means of producing them. In Australia, the law in this area is set out in the Designs Act 2003(Cth). This Act repealed the Designs Act 1906 (Cth), which had governed Australian designs law for most of the twentieth century.

Page 839 of 1878