Intellectual Property

'Small Businesses will soon have the right to request removal of unfair terms within new standard form contracts (from 12 November 2016). This will provide small business with protections afforded to consumers in the Australian Consumer Laws adopted in 2010 (the ACL). New Amendments The new amendments to the ACL provide a clear path to having unfair terms in eligible...

'We often meet with clients who are surprised to learn that their registered trade mark provides no protection in other countries. Like other forms of IP, trade marks are registered on a per country basis. If wishing to extend protection of your Australian trade mark rights to other countries, do you need to engage lawyers or trade mark attorneys in...

"The Australian Privacy Principles (APPs) became part of the Privacy Act 1988 (Cth) (Privacy Act) on 12 March 2014. The APPs generally apply to governmental agencies, individuals, and companies that are not a small business operators or registered political parties. The small business operator exception applies where annual turnover for the previous F/Y (or current for new businesses) was $3...

Businesses often see their branding misappropriated. However, the range of intellectual property and allied rights which can attach to branding means care must be taken in developing a suitable strategy before taking action. Branding registered as a trade mark If the branding in question has been registered as a trade mark, then the simplest course is to consider trade mark...

Replacing a service provider mid-project can cause significant disruption. It can be tempting to try to limit the disruption by simply handing over materials created by your former service provider to your new service provider. After all, you paid your former service provider, so surely there are no issues . Unfortunately, it's generally not that straight forward. To start with,...

The commercialisation of intellectual property (IP) in technology (eg copyright in source code, inventions in patents and any branding in trade marks) is generally achieved through licensing. 1. Licensing of IP Licensing is a flexible and powerful tool and is a central feature of most effective IP commercialisation strategies. Licensing allows the IP owner to retain control of the IP...

One of my old running mates recently posted a photo on Facebook of a sign which listed prohibited conduct in a recreation reserve: " jogging is prohibited". I posted a suggestion that if he was charged, the logical defence would be "but, your honour, I was not jogging. I was running. There is a difference. Not guilty as charged". My...

Small Businesses (less than 20 employees) may soon have protection against the imposition of unfair terms within new standard form contracts if proposed legislation is adopted. Protection against an unfair contract term within a standard form contract has been in existence for certain consumer contracts since the Australian Consumer Laws (ACL) were introduced in 2010. Small Businesses does already have...

Starting a new business is an exciting time. A difficulty may be getting all necessary legal advice, and mechanisms in place prior to starting. Although cash flow can be tight when starting out, this is an important time to receive professional advice, as it may limit the risk of unintended issues arising later. What are the legal issues / advice...

After a trade mark application is filed it is examined by a Trade Mark Examiner, all trade mark applicants hope to get a "clear" Examination Report. This enables the application to be advertised as accepted. However, many applicants receive an Examiner's "adverse report", leaving some to think the application is "dead in the water" (not automatically true) and others wondering...

Certification trade marks are marks that indicate a certain good or service meets a particular standard. The certification mark might indicate features like: * The quality of the goods; * The type of material the goods are made from; * The geographic origin of the goods; * The purpose of a particular good or service. Usually certification trade marks are...

Intellectual Property rights (IP) within your business such as trade marks, copyright, patents, designs and confidential information are valuable intangible assets that can generate your business income if effectively commercialised. Knowing and understanding what IP your business has and how it can be licensed, outsourced or otherwise dealt with is an important step in the commercialisation process. Simultaneously, it is...

It is common for people or companies in the ICT industry to "team" up for various reasons. There are a wide range of examples such as: a. a software / app developer subcontracting some development of code; b. an incorporated or an unincorporated joint venture being formed for an ICT project; c. software / hardware or other ICT products being...

We often meet with clients who are surprised to learn that their registered trade mark provides no protection in other countries. Like other forms of IP, trade marks are registered on a per country basis. If wishing to extend protection of your Australian trade mark rights to other countries, do you need to engage lawyers or trade mark attorneys in...

The Australian Government has commissioned a review into competition policy as it stands in Australia as of 2014. After considering 318 non-confidential submissions, the Competition Policy Review Panel released a draft report on 22 September 2014, which provided multiple draft recommendations that are likely to affect Australian business. Submissions regarding the draft report and recommendations are open until 17 November...

We often meet with clients who are surprised to learn that their registered trade mark provides no protection in other countries. Trade marks (like other forms of IP such as patents and designs) are registered on a per country basis. If wishing to extend protection of your Australian trade mark rights to other countries, do you need to engage lawyers...