Franchisors' Registered Trade Marks under Australia's Trade Marks Act 1995 (Cth)

22nd Annual International Society of Franchising Conference, St. Malo, France

UNSW Australian School of Business Research Paper No. 2009 BLAT 04

28 Pages Posted: 29 Jan 2009 Last revised: 1 Feb 2009

See all articles by Jenny Buchan

Jenny Buchan

UNSW Sydney ; Condor Hitchcock & Associates Pty Ltd

Date Written: June 1, 2008

Abstract

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

Buchan, Jennifer M., Franchisors' Registered Trade Marks under Australia's Trade Marks Act 1995 (Cth) (June 1, 2008). 22nd Annual International Society of Franchising Conference, St. Malo, France, UNSW Australian School of Business Research Paper No. 2009 BLAT 04, Available at SSRN: https://ssrn.com/abstract=1334466 or http://dx.doi.org/10.2139/ssrn.1334466

Jennifer M. Buchan (Contact Author)

UNSW Sydney ( email )

Australian School of Business
Sydney, NSW 2052
Australia
+61 432 87 99 88 (Phone)

HOME PAGE: http://https://www.business.unsw.edu.au/our-people/jennybuchan

Condor Hitchcock & Associates Pty Ltd ( email )

Birchgrove
NSW 2041
Australia

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