Franchisors' Registered Trade Marks under Australia's Trade Marks Act 1995 (Cth)
22nd Annual International Society of Franchising Conference, St. Malo, France
28 Pages Posted: 29 Jan 2009 Last revised: 1 Feb 2009
Date Written: June 1, 2008
This paper examines ownership and control of registered trade marks in franchise networks in Australia. It draws on a sample of franchisors that have franchisees trading from premises regulated by the Retail Leases Act 1994 (NSW). It examines problems surrounding the current valuation of trade marks, their use and their potential to be used as a source of development equity for franchisors. It asks whether policy objectives of the Trade Marks Act 1995 (Cth) are being met in the context of franchising. It also identifies challenges that confront a researcher of legal issues concerning intellectual property assets in franchising in Australia.
Keywords: intellectual property, registration of rights, trade marks, franchisor, franchisee, register, valuation, policy, litigation, Trade marks Act 1995 (Cth), Australia
JEL Classification: G33, K11, M55, O34
Suggested Citation: Suggested Citation