Trade Mark Infringement on International Websites: Position of Australian Court - Harmony of International IP Law on Online Trade Mark Infringement

Australasian Compliance Institute
Publication Type:
Journal Article
Compliance and Regulatory Journal, 2008, June 2008 (2), pp. 51 - 56
Issue Date:
Full metadata record
Over the past decades, advances in technology and e-commerce have not only fundamentally changed traditional business models, but have also brought about new challenges to traditional intellectual property laws, including trade mark law. The area of trade marks is an important part of traditional intellectual property rights and has played an increasingly important role in the creation and accumulation of business fortunes. This is particularly true in the current digital environment. The development of the digital economy and e-commerce has significantly opened market niches, and made domestic products accessible to consumers worldwide. This has also significantly facilitated and enhanced the international use of trade marks, and brings profits for trade mark owners internationaJly. This article provides an overview of Australia's online trade mark legislation and explores potential legal risks for foreign investors who may infringe Australian trade marks through the internet. It further prov'ldes some specifiC suggestions for foreign traders to avoid potential litigation on online trade mark infringement in Australia.
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