Assignment First

  本篇北美最强代写-商标知识产权和产品营销的相关法律讲了商标知识产权和产品营销的相关法律原则以澳大利亚政府法律为基础。根据1995年的《商标法》,未经许可不得使用该商标。不过,在这种情况下,迈克尔已经使用类似的方式,因为它的商标被StaCeYY即过去的“C”的信周围不同的圆形和正方形,也使用的标志,他在颜色和字母相同颜色即金银色的背景。另一方面,MiChaeL也使用了与StaCeYY设计的餐桌相同的设计。本篇北美最强代写文章由加拿大第一论文 Assignment First辅导网整理,供大家参考阅读。

  Identify the relevant legal principles and briefly state the law (noting any case law or legislative authority where applicable);

  The relevant legal principle for the intellectual property rights for the trademark and the marketing of the products are based on the laws of Australian governments. Under the Trade Mark Act of 1995, the trademark cannot be used without permission. Nevertheless, in this case MiChaeL has used the trademark in the similar fashion as it was used by StaCeYY i.e. it used the “C” letter in the distinct circular shape with a square shape around it as well and also the logo which he used has same color i.e. golden in color and letters on a silver background. On the other hand, MiChaeL has also used the same design of dining table as it was designed by StaCeYY. This was the reason why she is looking for a legal support. According to the law of IP infringement, this means copy of the same design of the manufacturing good by the other manufacturing company. The law which is applicable for this purpose is the Designs Act 2003. Under this act, the hearing can be done in the court. A hearing proceeding may include disputing the entitlement an applicant has to a design or the findings of the examination process. There are different kinds of features and benefits which make the registration easier and simpler and help in protecting the designs. There are various features of the act which are explained below: –

  This helps in making the process of registration easier and streamlined.

  This helps in making the disputes and enforcement resolution procedures easier.

  The test of infringement and enforcement are strict (Sweeney, 2006).

  This helps in defining the process in a clear way.

  The eligibility of the designs act sets out a twostep threshold test. The registration of the designs can be new and distinctive, these are explained below:

  New: The meaning of this threshold test is that there must be no identical designs which are previously disclosed anywhere in the world. Under this law, the articles which are published publically earlier in Australia are also a part (Shell, 1987).

  Distinctive: The meaning of this threshold designs is that the designs must not be substantially similar in the overall impression. This section also includes articles which are published in different parts of the world and are published in a similar way in Australia.