Intellectual Property Law - Trademark Law - Protecting trademarks worldwide under the Madrid system
Date: May 17, 2010
Authors: Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
The Madrid System for the international registration of trademarks (‘the Madrid System’) was established in 1891.
The Madrid System functions under the Madrid Agreement established in 1891 and under the Madrid Protocol established in 1989. The Madrid System is administered by the International Bureau of the World Intellectual Property Organization located in Geneva, Switzerland.
Under the international procedural mechanism, the Madrid System offers a trademark owner the possibility to have his or her trademark protected in several countries by simply filing one application directly with his or her own national or regional trademark office. Members of the Madrid Union, who are members of the Madrid System under the World Intellectual Property Organization, are available from LAC lawyers. An international trademark so registered is equivalent to an application for a registration of the same trademark effected directly in each of the countries designated by the applicant.
If the trademark office of the designated country does not refuse protection within a specified period after having received the application made via the national or regional trademark office, the protection of the trademark is identical as if it had been registered by that office. The onus is on the designated country’s trademark office to refuse protection.
The Madrid System also greatly simplifies the subsequent management of the mark. It is possible to record subsequent changes or to review the registration of the trademark through a single procedural step.
This article is intended only to provide a summary of the subject matter covered. It does not purport to be comprehensive or to render legal advice. No reader should act on the basis of any matter contained in this article without first obtaining specific professional advice.
Intellectual Property Law - Copyright and Moral Rights - Infringement and Consent
Date: December 20, 2010
Author(s): LAC Lawyers
Read this article to find out what constitutes Copyright infringement of Moral Rights in Australia and how parties can grant consent for the use of their work.
Intellectual Property Law - Copyright and Moral Rights - Remedies
Date: December 20, 2010
Author(s): LAC Lawyers
Intellectual Property Law - Trade Mark Rights
Date: December 08, 2010
Author(s): LAC Lawyers
Where an unregistered trade mark has been continuously used in Australia prior to the filing date of a trade mark application for a competing mark, the earlier user will have established rights in the mark that may defeat the later registration or at least allow coexistence.
Intellectual Property Law - Trade Mark - EJ Gallo Winery v Lion Nathan Australia Pty Limited (2010 HCA 15)
Date: August 23, 2010
Author(s): LAC Lawyers
Infringement; revocation for non-use; deceptive similarity; goods of same description; use of trade mark in a different form to that registered; authorised use of trade mark in Australia without knowledge of foreign trade mark proprietor sufficient to defeat non-use revocation action.
Intellectual Property Law - Trade Mark Opposition
Date: August 23, 2010
Author(s): LAC Lawyers
Trade mark opposition proceedings are an essential part of any trade mark protection strategy, to maintain the distinctiveness, integrity and value of your brand, as well as protecting the right to commence or continue trading under your trade mark, by preventing others from registering identical or deceptively similar marks.
Intellectual Property Law - Copyright Law - Internet Service Provider (ISP) not liable for downloading habits of its customers breaching australian copyright laws.
Date: May 17, 2010
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
In February 2010, Justice Dennis Cowdroy of the Federal Court of Australia ruled in favor of internet service provider iiNet against the Australian film and television industry.
Intellectual Property - Trade Practices - The Law of Passing Off
Date: August 28, 2009
Author(s): LAC Lawyers
The principle behind the tort of “passing off” is that a person cannot represent their goods or services as those of another. The action for passing off protects business goodwill and reputation from wrongful appropriation.
Intellectual Property Law - IP Law - Copyright - What are your rights?
Date: May 20, 2009
Author(s): LAC Lawyers
Copyright is the exclusive right of an author of an original “work” to reproduce, publish, perform, communicate or make an adaptation of that work exclusively. The “work” referred to means a literary work, dramatic work, musical work, artistic work or a cinematograph film.
IP Law - Intellectual Property - Trademarks
Date: April 22, 2009
Author(s): LAC Lawyers
The term “Trade Mark” is defined in the Trade Marks Act as “...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 Importance of Trade Mark Registration in Protecting Your Business
Date: June 05, 2008
Author(s): LAC Lawyers
All businesses, irrespective of their size, should have a plan in place for protecting their intellectual property. Trademarks are an invaluable business asset and unfortunately many small businesses overlook the significance of trademarks and the importance of registration.
Intellectual Property - Trade Marks and Parallel Imports
Date: May 04, 2008
Author(s): LAC Lawyers
In certain circumstances where the distributor of a product in Australia is the same as the owner of trade mark overseas a person may purchase the products overseas and distribute the products in Australia. However, the same may not apply where the products are distributed by another third party in Australia.
Intellectual Property - Trademarks and Passing Off
Date: October 10, 2007
Author(s): LAC Lawyers
Under the common law, a person who builds up a reputation in connection with the use of a particular mark will have rights to prevent another person "passing off" goods or services as being those of the owner of the mark if such conduct is likely to injure the proprietor's reputation. The proprietor of a common law trade mark may also be able to prevent registration of a similar trade mark by another party.
IP Law in Singapore - Trademarks
Date: July 10, 2007
Author(s): LAC Lawyers
Singapore has a dual system of trade mark law. Protection for trade marks may be available both under the Trade Marks Act (Cap 332) ('TMA') and at common law under the common law action of "Passing Off"
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
The Benefits of Hiring A Lawyer
Date: August 16, 2006
Author(s): LAC Lawyers
The old adage “you get what you pay for” is as true today as it has ever been.
Why stay with your lawyer
Date: August 01, 2006
Author(s): LAC Lawyers
The lawyer/client relationship is a personal one and there are many reasons which will dictate who you can and cannot work with. If you don’t like your lawyer, should you change? Ultimately, the relationship between a lawyer and client must be built on mutual trust.