By Professor Michael Handler

Journal articles

Burrell R; Handler M, 2007, 'The Intersection between Registered and Unregistered Trade Marks', Federal Law Review, 35, pp. 375 - 397, http://classic.austlii.edu.au/au/journals/FedLawRw/2007/15.html

Handler M, 2007, 'Trade Mark Dilution in Australia?', European Intellectual Property Review, 29, pp. 307 - 318, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1398622

Handler M, 2006, 'The WTO Geographical Indications Dispute', Modern Law Review, 69, pp. 70 - 80, https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1468-2230.2006.00577_1.x

Handler M, 2005, 'The Distinctive Problem of European Trade Mark Law', European Intellectual Property Review, 27, pp. 306 - 312

Handler M, 2004, 'The EU's Geographical Indications Agenda and its Potential Impact on Australia', Australian Intellectual Property Journal, 15, pp. 173 - 195

Handler M; Rolph D, 2003, 'A Real Pea Souper: The Panel Case and the Development of the Fair Dealing Defences to Copyright Infringement in Australia', Melbourne University Law Review, 27, pp. 381 - 422, http://classic.austlii.edu.au/au/journals/MelbULawRw/2003/15.html

Handler M, 2003, 'Before the High Court: The Panel Case and Television Broadcast Copyright', Sydney Law Review, 25, pp. 391 - 408, http://classic.austlii.edu.au/au/journals/SydLawRw/2003/18.html

Burrell R; Handler M, 2003, 'Making Sense of Trade Mark Law', Intellectual Property Quarterly, pp. 388 - 410

Handler M, 1999, 'Internet Domain Names and Trade Mark Law', Digital Technology Law Journal, 1, pp. 4 - 4, http://www.austlii.edu.au/au/journals/DigTechLawJl/1999/4.html

Conference Presentations

Handler M, 2025, 'AI and Trade Marks: What’s Next for the Human Decisionmaker?', presented at Intellectual Property and Technology in the 21st Century: Challenges for the Next Decade, National University of Singapore, 04 August 2025 - 05 August 2025

Handler M, 2025, 'AI and Trade Mark Registration', presented at New Frontiers in Intellectual Property, University of Technology Sydney, 07 March 2025

Handler M, 2023, 'Infringement and Use as a Trade Mark: A Trans-Tasman Success Story?', presented at 20 Years of the Trade Marks Act 2002, University of Auckland, New Zealand, 01 September 2023

Handler M, 2023, 'An Academic's View of the Commons', presented at Institute of Patent and Trade Mark Attorneys (IPTA) Annual Conference, Hobart, 26 April 2023 - 27 April 2023

Handler M, 2022, 'Using Passing Off and Statutory Consumer Protection Laws to Prevent Unfair Competition', presented at Presentation of a Status Report on Protection Against Unfair Competition in Member States of the World Intellectual Property Organization, Geneva, 22 November 2022

Handler M, 2022, 'Revisiting Trade Mark Tarnishment, post-Brexit', presented at Modern Challenges in IP Law: Conference in Memory of Professor William Cornish, British Law Centre, University of Warsaw, Poland, 02 September 2022 - 03 September 2022

Handler M, 2022, 'The Test for Substantial Identity - Is There a Shift?', presented at Davies Collison Cave Trade Marks Practice Group, Sydney, 13 April 2022

Handler M, 2022, 'The Test for Substantial Identity - Is There a Shift?', presented at Institute of Patent and Trade Mark Attorneys (IPTA) Annual Conferece, Kingscliff, 06 April 2022 - 08 April 2022

Handler M, 2021, 'The Future of Indigenous Knowledge in the Trade Marks and Designs Systems', presented at Intellectual Property Research Institute of Australia (IPRIA), Melbourne, 30 April 2021

Handler M, 2020, 'Functional Trade Marks: Time for Australia to Adopt a New Approach?', presented at INTA Non-Traditional Marks (Asia Pacific) Subcommittee, Sydney, 28 October 2020

Handler M, 2020, 'Functional Trade Marks', presented at Institute of Patents and Trade Mark Attorneys, Sydney, 14 May 2020

Handler M, 2019, 'Interpreting the Trade Marks Act: What Can Be Learned from Recent Case Law on Substantial Identity', presented at Innovation and Intellectual Property, Federal Court of Australia - Law Council of Australia Joint Conference, Melbourne, 29 November 2019

Handler M, 2019, 'Functional Trade Marks: Time for Australia to Adopt a New Approach?', presented at IP Australia, Canberra, 28 November 2019

Handler M, 2019, 'Rethinking Trade Mark Exhaustion: Does Australia's New Defence Offer a Way Forward?', presented at 10th Annual INTA Trademark Scholarship Symposium, Boston, 21 May 2019

Handler M, 2019, 'Rethinking Trade Mark Exhaustion: Does Australia's New Defence Offer a Way Forward?', presented at Limitations on Trademark Rights from Comparative and Interdisciplinary Perspectives, University of Hong Kong, 07 January 2019 - 08 January 2019

Handler M, 2018, 'Insights into Substantial Identity', presented at 32nd Annual Intellectual Property Society of Australia and New Zealand (IPSANZ) Conference, Queenstown, New Zealand, 07 September 2018 - 09 September 2018

Handler M, 2018, 'Revisiting Public Interest Defences to Copyright Infringement and Breach of Confidence: Do Equitable Doctrines Provide the Answer?', presented at Journal of Equity Conference, Intellectual Property and Equity, Sydney, 01 March 2018

Handler M, 2017, 'Inventing Harm: Reassessing the Origins and Reception of the First Trade Mark Anti-Dilution Statutes', presented at 36th ATRIP Congress, The Object and Purpose of Intellectual Property, Victoria University Wellington, New Zealand, 24 October 2017 - 26 October 2017

Handler M; Burrell R, 2017, 'Relative Grounds of Refusal Beyond Double Identity, and Non-Traditional Trade Marks', presented at Benchmarking Course for Intellectual Property Office of Singapore (IPOS), Singapore, 19 September 2017

Handler M, 2017, 'Inherent Distinctiveness and Foreign Language Trade Marks: Cantarella Bros v Modena Trading - 3 Years On', presented at Intellectual Property Society of Australia and New Zealand (IPSANZ), Sydney, 28 August 2017

Handler M, 2017, 'Disentangling Functionality, Distinctiveness and Use: The Australian Experience', presented at 8th Annual INTA Trademark Scholarship Symposium, Barcelona, 23 May 2017

Handler M; Burrell R, 2017, 'Cluttering', presented at Trade Marks at the Disciplinary Border: Current Australian Interdisciplinary and Empirical Research in Trade Mark Law, University of Melbourne, 20 February 2017

Handler M, 2017, 'What Should Constitute Infringement of a Non-Traditional Mark? The Role of Trade Mark Use', presented at The Protection of Non-Traditional Marks: Critical Perspectives, Singapore Management University, 26 January 2017 - 27 January 2017

Handler M, 2016, 'The Myth of Dilution by Tarnishment', presented at Intellectual Property Law Speakers' Series, Loyola Law School, Los Angeles, 19 September 2016 - 19 September 2016

Handler M, 2016, 'Trademark Law and Reputational Harm: The Limits of Antidilution Measures', presented at Faculty Colloquium, University of San Diego School of Law, 16 September 2016

Handler M, 2016, 'The Myth of Dilution by Tarnishment', presented at Intellectual Property Law Speakers' Series, Whittier Law School, Costa Mesa, CA, 15 September 2016

Handler M, 2016, 'Reconciling Copyright Law and Industry Practice in the Australian Film and Television Sector', presented at Corporate Innovation and Policy Seminar, University of San Diego School of Law, 07 September 2016

Handler M, 2016, 'Fair Use As an Advance on Fair Dealing: Which Points of Difference Don't Matter, and Which Ones Do?', presented at Comparative Dimensions of Exceptions and Limitations to Copyright, National University of Singapore, 21 July 2016 - 22 July 2016

Handler M, 2016, 'Non-traditional Trade Marks in Australia: Managing Competition Concerns in the Absence of a Functionality Exclusion', presented at INTA Annual General Meeting, Orlando, FL, 23 May 2016

Handler M, 2015, 'What Can Harm the Reputation of a Trade Mark? A Critical Re-Evaluation of Dilution by Tarnishment', presented at Centre for Media and Communications Law (CMCL) and Intellectual Property Research Institute of Australia (IPRIA), 2015 IP and Media Law Conference, University of Melbourne, 23 November 2015 - 24 November 2015

Handler M, 2015, 'Orders for Removal of Trade Marks from the Register and for the Cancellation of Registrations: Unresolved Issues', presented at Federal Court of Australia/Law Council of Australia (Business Law Section), Judges' Intellectual Property Workshop, Federal Court of Australia, Sydney, 28 August 2015 - 29 August 2015

Handler M, 2015, 'What Can Harm the Reputation of a Trade Mark? A Critical Re-Evaluation of Dilution by Tarnishment', presented at 6th Annual INTA Trademark Scholarship Symposium, San Diego, 04 May 2015

Handler M, 2014, 'A Critical Assessment of Trade Mark Distinctiveness and Descriptiveness under Australian Law', presented at 28th Annual Intellectual Property Society of Australia and New Zealand (IPSANZ) Conference, Queenstown, New Zealand, 19 September 2014 - 21 September 2014, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2509994

Handler M, 2014, 'Trade Mark Dilution by Tarnishment: A Critical Re-evaluation', presented at Seminar Series, University of Auckland Business School, 17 September 2014

Handler M, 2013, 'How Non-Legal Conceptions of the Consumer Can Help Trade Mark Law', presented at Can We Test Trade Mark's Image of the Consumer? Interdisciplinary Workshop, Broome, WA, 22 August 2013 - 23 August 2013

Handler M, 2013, 'What is the Relationship between Passing Off and Consumer Protection Legislation? What Should it Be?', presented at The Consumer in Trade Mark Law Workshop, University of Sydney, 19 August 2013

Bowrey K; Handler M, 2013, 'Instituting Copyright: Reconciling Copyright Law and Industry Practice in the Buying and Selling of TV Formats', presented at 5th Annual International Society for the History and Theory of Intellectual Property (ISHTIP) Workshop, Cultural Economy and Intellectual Property, Universite Pantheon-Assas (Paris 2), 26 June 2013 - 28 June 2013

Handler M, 2013, 'Trade Marks and Plain Packaging: Lessons from the Australian Experience', presented at VU Centre for Law and Governance, International Lecture Series, Vrije Universiteit Amsterdam, 20 June 2013

Handler M, 2013, 'Zombie Marks? Ceased Registrations, Failed Applications and Citation Objections', presented at Institute of Patent and Trade Marks Attorneys (IPTA), Adelaide, 12 March 2013

Handler M, 2013, 'Zombie Marks? Ceased Registrations, Failed Applications and Citation Objections', presented at Institute of Patent and Trade Marks Attorneys (IPTA), Sydney, 04 March 2013 - 04 March 2013

Handler M, 2013, 'Zombie Marks? Ceased Registrations, Failed Applications and Citation Objections', presented at Institute of Patent and Trade Marks Attorneys (IPTA), Melbourne, 28 February 2013

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