Intellectual Property

Intellectual Property (IP) may or may not be considered strategically important at the outset of developing new software or the latest smartphone application. However when it comes time to commercialise your products, get a 3 rd party to make amendments to code or graphics, or you need to register or confirm a clear chain of title to your IP, issues...

With the start of a new financial year, now is the time to start planning for the upcoming year. A key area often overlooked by businesses is the protection of intellectual property (IP). Nearly every business has IP of some kind. It can be embedded in things as commonplace as a list of customers or an advertising pamphlet. Businesses are...

What defines a trade mark? A trade mark is a commercial indicator serving as a 'badge of origin', something distinguishing goods or services of one provider from those of another. In addition to words, pictures or combinations (e.g. logos), trade marks can consist of sounds, smells, colours and shapes. There are also other types of marks such as series marks...

Did you know that if a trade mark application is accepted by IP Australia, it is advertised in an Official Trade Marks Journal? At any time within two months from the date of the advertisement, a third party can file a notice of intention to oppose the registration with a view to starting opposition proceedings. In theory, anybody can file...

Starting a new business is an exciting time. A difficulty which often arises is getting all necessary legal advice, documents and structures in place prior to starting. Even though cash flow can be tight when starting off a new venture, this is an important time to receive professional advice, as it may limit the risk of unintended issues arising after...

New changes to the Privacy Act 1988 (Privacy Act) come into effect in March this year. These changes may create new obligations for you, especially if your business (including not for profit organisations): * has an annual turnover of more than $3 million * is a health service provider * buys and sells mailing lists * provides services under a...

We often hear people talking about 'rights in data' in the context of drafting agreements, but what rights exist in data? From a legal perspective, the key rights affecting data are intellectual property rights, subdivided into copyright and confidentiality, and privacy (a.k.a. 'data protection' in the EU). Copyright in data Many people are surprised on learning that copyright protection is...

Do you know that the registration of a business, company or domain name gives you no substantive intellectual property rights in law? Many businesses operate under the belief that the registration of a business, company or domain name gives them the exclusive right to use that name and provides a form of immunity against infringement proceedings brought by owners of...

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...

Intellectual Property (IP) - A Risky Generalisation? "I've got IP", "They've taken my IP" and similar phrases are often heard today; however, their users are not always aware that IP is just a label of convenience, one that covers a grab bag of different subject matter and rights. So, we always need to be clear about what falls into which...

In many football codes we are seeing rival clubs "approaching and poaching" players who are still under contract for the following season. Many sports followers must be wondering what can legally be done to prevent this issue (assuming the club does not wish to grant a release). The answer may lie in the tort of interference with contract (or inducement...

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...