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Australian Trade Mark Law Second Edition provides a comprehensive overview of trade mark law in Australia and encourages readers to critically engage with the operation of the Australian trade mark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens. It questions the functioning of the trade mark system as well as the decisions made by courts, the legislature and administrative bodies that have shaped such a system. As well as critically assessing how the trademark system could work better in the future, Australian Trade Mark Law presents comparative material that illustrates how other jurisdictions deal with particular issues and problems.
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This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.