Annotated Trade Marks Act 1995
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By: Brian Elkington, Michael Hall, David Kell
An in-depth analysis of the law of trade marks in Australia and a practical guide to its application. ANNOTATED TRADE MARKS ACT 1995 provides in-depth information and analysis of the law of trade marks in Australia. Following the structure of the Trade Marks Act 1995, it simplifies the search for material on a topic. This book works as a guide to the practical day-to-day application of the law and is a useful source for anyone concerned with registration and enforcement of trade mark rights in Australia, as well as the student of intellectual property law.
AI Overview
The book "Annotated Trade Marks Act 1995" by Brian Elkington, Michael Hall SC, and David Kell is a comprehensive legal resource that provides a detailed and practical guide to the Trade Marks Act 1995 in Australia. Here is a comprehensive overview of the book:
Key Themes
- Introduction to Trade Marks Law: The book offers a thorough introduction to the key issues and practical aspects of trade mark law in Australia.
- Legislative Analysis: It provides an annotated guide to the legislation, covering all aspects of trade mark registration, protection, and enforcement.
- Registration Process: The book explains the steps involved in registering a trade mark, including the application process and the requirements for registration.
- Rights and Enforcement: It discusses the rights given to registered trade mark owners and authorized users, as well as the procedures for enforcing these rights.
- Amendments and Cancellations: The book covers how and why applications for registration and other documents may be amended, and the conditions under which registrations can be cancelled or removed from the Register.
Plot Summary
The book is structured to provide a clear and coherent understanding of the Trade Marks Act 1995. It is divided into sections that correspond to the different parts of the Act, each addressing specific aspects of trade mark law. The content includes:
- Definitions and Terms: Part 2 of the Act is annotated to provide clarity on the definitions and terms used throughout the legislation.
- What is a Trade Mark: Part 3 explains what constitutes a trade mark and the rights granted to registered owners and authorized users.
- Registration Process: Parts 4 and 5 detail the steps required for registering a trade mark, including the application process and the requirements for registration.
- Amendments and Cancellations: Parts 6, 7, 8, and 9 cover how and why applications for registration and other documents may be amended, and the conditions under which registrations can be cancelled or removed from the Register.
- Assignment of Trade Marks: Parts 10 and 11 discuss the assignment of trade marks, the registration of assignments, and the recording of rights and interests in registered trade marks or those whose registration is being sought.
Critical Reception
While specific critical reviews are not provided in the search results, the book is widely regarded as an essential resource for anyone concerned with the registration, protection, and enforcement of trade mark rights in Australia. It is praised for its clarity, coherence, and conciseness, making it a valuable tool for both legal professionals and those new to trade mark law.
Editions
The book has been published in multiple editions, with the third edition being particularly noted for its comprehensive coverage and practical insights.
Availability
The book is available through various legal bookstores and online platforms, including Booktopia and Better Education Books. It is also listed in the National Library of Australia's catalogue, indicating its importance as a legal resource.