Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers’ rights, artist's resale rights, and other rights
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Index
- References
17 - Remedies and miscellaneous issues
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers’ rights, artist's resale rights, and other rights
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Index
- References
Summary
Introduction
There are some aspects of the intellectual property regimes that are common to all the regimes. Some of the remedies available for alleged breaches of intellectual property rights fall into this category. In addition, there are some other laws that affect the intellectual property laws in a relatively uniform manner. For example, the restrictive trade practices provisions of Part IV of the Competition and Consumer Act 2010 (Cth) apply equally to all owners of intellectual property, subject to one or two variations.
The purpose of this chapter is to deal with most of those aspects. The chapter commences with a discussion of available remedies for infringement. After dealing with remedies, the chapter deals with a number of other miscellaneous issues, such as the relationship between intellectual property and restrictive trade practices.
- Type
- Chapter
- Information
- Australian Intellectual Property Law , pp. 637 - 652Publisher: Cambridge University PressPrint publication year: 2011