Bruce Clarke
Lecturer, Law

(Monday - Wednesday)

Qualifications:

BEc(Mon) LLM(Mon) GradDipMktg(Mon)

Research Areas of Interest & Activities:

• Marketing Law, incorporating Trade Practices and Intellectual Property laws, and Contract Law.

Publications:

Books:

• Law of Marketing in Australia and New Zealand, Butterworths, 1989 (with John Collinge, Chairman of Commerce Commission, New Zealand ) [531 pages]
• Law for Retailers in Australia, Data Legal Publications Pty. Ltd., 1995 (with Stephen Kapnoullas) [487 pages]
• Marketing and the Law, Butterworths, 1997 (with Brendan Sweeney, Monash University ) [570 pages]
• Marketing and the Law, 2nd Ed., Butterworths, 2000 (with Brendan Sweeney) [594 pages]
• Marketing and the Law, 3rd Ed., LexisNexis Butterworths, 2006 (with Brendan Sweeney) [644 pages]

Articles:

• "Champagne Wars" Australian Wine Newsletter, December 1982
• "The Legal Protection of Geographical Trade Names" Faculty of Business Staff Paper, Serial No. 11, 1982
• "Trade Practices and Fair Trading Legislation: Consumer or Trader Protection?" (1987) 61 Law Institute Journal 906
• "Comparative Advertising" Marketing World, December 1987
• "Employee Use of Confidential Information" (1988) 62 Law Institute Journal 1060 (with Stephen Kapnoullas)
• "The Death of the Reasonable Man" Marketing Notes, January/February (1991) 12
• "Comparative Advertising" Marketing Notes, July 1991, 15
• "The Death of the Reasonable Man" (1991) 65 Law Institute Journal 294
• "The Definition of 'Consumer' in the Trade Practices Act: A Guide for the Perplexed" (1992) 1 Current Commercial Law 10
• "Fine Print in Contracts: From Invisible Ink Rules to Red Ink Cases" (1993) 18 Melbourne University Law Review 92 (with Stephen Kapnoullas)
• "The Legal Regulation of Comparative Advertising: Old Game, New Rules" (1995) 11 Queensland University of Technology Law Journal 7 (with Stephen Kapnoullas)
• "Countdown to Zero: The Duration of Statutory Rights for Unfit and Unmerchantable Goods" (1999) 14 Journal of Contract Law 154 (with Stephen Kapnoullas)
• "The New Forms of Registrable Marks: Market Uptake in the First Five Years" (2001) Deakin Law Review, Vol. 6, No. 1, pp. 70-90 ( with Stephen Kapnoullas)
• "When is a Signed Document Contractual? - Taking the 'Fun' out of the 'Funfair'" (2001) Queensland University of Technology Law & Justice Journal, Vol. 1, No. 1, pp. 39-48 (with Stephen Kapnoullas)
• "Enhancing Legal Aspects of Brand Protection in New Products" (2001) International Quarterly Journal of Marketing, Vol. 1, Nos. 2, 3 & 4, April-December, pp.211-224 (with Michael Enright)
• The Definition of 'Collusion' under the Trade Practices Act
• Resolution Adjourned Sine Die?" (2003) Current Commercial Law , Vol. 8 Issue 4 pp. 1-14 (with Stephen Kapnoullas)
• "Confidentiality Agreements and the Protection of Trade Secrets: Does it have to be all or nothing?" (2005) Deakin Law Review, Vol. 10, No. 2, pp. 598-611 (with Stephen Kapnoullas)
• "Incorporation of Unusual or Unreasonable Terms into Contracts: The Red Hand Rule and Signed Documents" (2006) Deakin Law Review, Vol. 11, No. 2, pp. 95-113 (with Stephen Kapnoullas)

Conference Papers and Published Proceedings:

• "Standard Form Contracts" Australasian Law Teachers' Association Conference, Queensland University of Technology, Brisbane, July 1992 (with Stephen Kapnoullas)
• "Shall I Compare Thee To A Summer's Day?: Overstepping the Legal Bounds in Comparative Advertising" Australasian Law Teachers' Association Conference University of Tasmania, Hobart, October 1994
• (Proceedings of the 49th ALTA Conference, p.403) (with Stephen Kapnoullas)
• "Legal Factors in Brand Development: A Proposal For a More Formalised Decision Making Approach During the New Product Development Process" Proceedings of the 29th Annual Meeting of the Western Decision Sciences Institute, Vol. 2, p.1028 Maui, March 2000 (with Dr. Michael Enright)
• "The Comeback Kid: The Resurrection of the Reasonable Man" Proceedings of the Second Annual Applied Business and Entrepreneurship Association, p. 46, November 16-20, 2005 in Kauai, Hawaii (with Stephen Kapnoullas)

Monographs:

• "Retail Business Law" Training Manual, Victorian Retail Industry Training Council Ltd., 1989 (263 pages]
• "Legal Compliance in Marketing" BLEC Books, 1998 (with Stephen Kapnoullas) [86 pages]

Teaching Interests:

• Marketing Law
• Commercial Law
• Contract Law

Units Convened:

• LBL201 Marketing Law