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JU697M : Advanced Intellectual Property Law

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Question:

1. Part A

Jack has invented a new product, a do-it-yourself Champagne kit. He has called his new product ‘BubbleUp’. Eager to start selling, but knowing how important protecting his brand is, Jack starts the process of registering ‘BubbleUp’ as a trademark. He has also decided to register his new slogan, ‘Let’s get popping’.

During the registration process, Jack finds out that there are two objections to his proposed trademarks.

The first objections comes from Penny, who is a soft drink manufacturer. Penny’s product is a non-alcoholic beverage in a variety of flavours. Her product is called ‘BubbleCup’. Penny is claiming that Jack’s new product name is too similar to her product’s name.

The second objection is from Betty, who is a cordial manufacturer. Betty produces pop-corn flavoured cordial. Betty has been in business for six years and has called her product ‘Let’s Get Popping’. Betty is a small boutique cordial manufacturer. She has always considered her product to be extremely unique and has never considered the need to register the name of her product.

Jack is extremely concerned about these objections and would like to know what his chances of success are in having his product name and slogan registered. Advise Jack. In your answer, please refer to relevant case law and legislation. 

Part B

Jack has his first shipment of BubbleUp ready to go! Jack did not anticipate any issues and entered contracts for the delivery of BubbleUp. Jack decides to box up and ship out the orders.

About two weeks later, Jack is notified that Champagne manufacturers in France may be intending to bring a claim against him for the use of the word ‘Champagne’ on the label on his kits. The Champagne manufacturers claim that the kit contains reconstituted grape powder from Australian grapes and not Champagne region grapes. 

Jack would like you advise on whether this is an issue. Advise Jack. In your answer, please refer to relevant case law and legislation.

2. Part A

Australia is a signatory to several international conventions that affect national intellectual property laws, such as the TRIPS Agreement. Discuss the benefits of an international regime for regulating intellectual property rights.

Part B

Can an international regime for regulating intellectual property rights be implemented effectively at the national level in all countries? What particular issues arise in the implementation of the international regime at the national level in developing countries in particular?

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My Assignment Help (2021) Advanced Intellectual Property Law [Online]. Available from: https://myassignmenthelp.com/free-samples/ju697m-advanced-intellectual-property-law/applying-for-registration-of-trademarks.html
[Accessed 21 April 2021].

My Assignment Help. 'Advanced Intellectual Property Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/ju697m-advanced-intellectual-property-law/applying-for-registration-of-trademarks.html> accessed 21 April 2021.

My Assignment Help. Advanced Intellectual Property Law [Internet]. My Assignment Help. 2021 [cited 21 April 2021]. Available from: https://myassignmenthelp.com/free-samples/ju697m-advanced-intellectual-property-law/applying-for-registration-of-trademarks.html.


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