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 Australia Business School, School of Taxation and Business Law; University of New South Wales

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 Australia Business School, School of Taxation and Business Law ( email )

Room 2041
QUAD Building
Sydney, New South Wales
Australia
+61293851458 (Phone)

HOME PAGE: http://www.asb.unsw.edu.au/schools/Pages/JennyBuchan.aspx

University of New South Wales ( email )

Level 2, Quadrangle Building
Australian School of Business
Sydney, NSW 2052
Australia
+61 2 93851458 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
64
Abstract Views
1,308
rank
352,974
PlumX Metrics