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Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Dr Tyrone Berger
This article examines whether or not an anti-dilution remedy exists in s 120(3) of the Trade Marks Act 1995 (Cth) and whether such a remedy is desirable. It examines ambiguities surrounding key terms of the provision – “connection”, “well known”, and “relevant sector of the public” – in relation to the established concept of consumer “confusion”, and proposes that the current orthodoxy towards s 120(3) does not afford registered owners an appropriate level of legal protection.
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Copyright In Standards: A Guide For Practitioners, Tyrone Berger
Dr Tyrone Berger
Legal practitioners, in-house counsel and public servants can play an active role in advising their clients or contractors that industry or technical standards may be subject to copyright protection. Parties contributing to the development of a formal industry standard should ensure that they contract to retain copyright in any contributed works, even in instances where copyright cannot be asserted in the published standard by the Standard-Setting Organisation (SSO).