Intellectual Property Law in Australia.

Case study outlining the following:

* procure law in Australia

* legislative requirements for biographying Trademark

* Tort of Passing Off

* Trade Practices Act: Misleading and cheapjack conduct

* Registration under the Designs Act

In order to advise Mondo Designs on whether their capable property rights atomic number 18 recognised in Australia it is essential to learn prima facie their intellectual property pursuit protection. Namely Mondo are concerned with the protection of their computer packet Mondo 2000, their fabric and jewellery. Mondo is seeking protection of the following subject matter pursuant to the Copyright Act 1968 Cth:

(a)The reverse engineering and adaptation of the computer software system;

(b)The imitation of the look and feel of the fabrics and the jewellery;

(c)The confusion of or so consumers about the origin of the home wares of Electro Arts;

(d)The consequences of the failure of Mondo Designs to register the goods under a system of industrial property.

It is assumed for the purposes of this advice that the above-mentioned fabric, jewellery and computer programs were created in Australia or a fragment country of the Berne Convention in which Australia would recognise copyright.

(a) THE rick ENGINEERING AND ADAPTATION OF THE COMPUTER SOFTWARE

Broadly speaking in Australia protected works are listed in the Copyright act as opposed to an open list. The computer software created by Andy would be a protected subject matter as be in section 10 of the Copyright Act . in that respect is a requirement of originality in order for there to be protection of literary works under section 32 of the Copyright Act, providing Andy (a qualified computer programmer) is the original former of the software he would prima facie have standing to seek protection. The author, Andy, is the creator of the software, however it is not clear as to whether Andy was...

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