Intellectual and industrial property law / William van Caenegem.

Chatswood, N.S.W. : LexisNexis Australia, 2024.

4th edition

201731

Intellectual property -- Australia.

Industrial property -- Australia.

1. Themes and concepts in intellectual property law

2. Copyright: subsistence requirements

3. Copyright: ownership and exploitation

4. Copyright infringement in general

5. Copyright: other rights and exceptions

6. Registered designs

7. Patents: subject matter

8. Patents: novelty and inventiveness

9. Patents: ownership, assignment and licence

10. Patents: infringement

11. Breach of confidence: elements of the action

12. Breach of confidence: defences, remedies and employees

13. Passing off

14. Registered trade marks: definition of a mark and distinctiveness

15. Registered trade marks: other requirements

16. Registered trade marks: infringement

17. Sui generis regimes: circuit layouts and plant varieties

18. Digitisation

19. Remedies in intellectual property law.

This engaging text explains and discusses the major principles and issues underpinning intellectual and industrial property law in Australia. The content is structured to develop an understanding of each key topic, while a separate chapter on remedies introduces matters of practical importance in intellectual property disputes. Also included in this text are plentiful cases to illustrate how intellectual and industrial property law has been applied. The fourth edition has been revised and updated with important recent developments such as amendments to several IP laws introduced by the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 and the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020, and the application of s 18 of the ACL and its relationship with passing off. Significant decisions discussed include: patent law: Calidad Pty Ltd v Seiko Epson Corp [2020] HCA 41 (exhaustion of rights); Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (computer implemented inventions); trade marks: Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 (BOTOX trade mark and deceptive similarity); copyright: Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 and AGL Energy Ltd v Greenpeace Australia Pacific Ltd [2021] FCA 625 (parody and satire fair dealing defence). - Publisher's website.

Includes bibliographical references and index.

9780409358254

lviii, 472 pages ; 25 cm