2018 marked the publication of the first Australian Trademarks Law Review from the Law Review series. The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of global organizations.
Following the publishing of the first edition of the Australian chapter of 2018 Trademarks Law Review earlier this year in February, our Sydney based intellectual property lawyers and co-authors, Frances Drummond and Sophie Lees and Isobel Taylor, have prepared the second edition of the Australian chapter.
The chapter provides a high level introduction Australian trade mark law and describes the process for registering and enforcing a trade marks in both a civil and a criminal context, which may be useful for in-house counsel who are managing brands and who do not have an intellectual property background.
Alongside an introduction to core trade mark law principles, the chapter provides insights into some of the key trade mark law cases of the last 12 months. Significant cases in 2018 included the latest instalment of Moroccanoil Israel v Aldi Foods and Frucor Beverages v Coca-Cola on the registrability of colour trade marks.
Finally, the chapter offers predictions as to the key developments that may impact the Australian trade mark system in 2019. This includes an exploration of the reform likely to follow the recommendations of the 2016 Australian Productivity Commission report and the likely impact of technology developments on trade mark prosecution and enforcement.
Read the full text of the article, The Trademarks Law Review – Edition 2.