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Intellectual Property

Intellectual Property

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New standalone legislation for protection of Indigenous cultural and intellectual property

The Australian Government is currently undertaking a scoping study to determine how new stand-alone legislation could help Aboriginal and Torres Strait Islander people to protect and commercialise Indigenous Cultural and Intellectual Property.

Intellectual Property

Franchisors beware: Major Australian franchisor fined to the tune of $1.5 million

A record fine for contempt of court in a proceeding brought by the competition watchdog has been ordered against a franchisor by the Federal Court of Australia.

Intellectual Property

Call It What You Want: Branding lessons from Taylor Swift

Many people are becoming tired of hearing about Taylor Swift after the Australian leg of her Eras Tour swept the country recently.

Intellectual Property

Can 'indifference' excuse liability for copyright infringement?

A recent decision by the High Court of Australia has affirmed that companies that are 'indifferent' to copyright infringement can be held liable for authorising the infringement, but that specific evidence is needed to prove this.

Intellectual Property

Reversing the burden of proof in patent infringement proceedings

The recent case of Calix Limited v Grenof Pty Ltd & Aquadex Pty Ltd (Calix v Grenof) marks the first time the Federal Court of Australia has analysed section 121A of the Patents Act 1990 (Cth) (Act), a provision that reverses the burden of proof in patent infringement proceedings under specific circumstances.

Intellectual Property

Patent infringement defence reaches boiling point at trial

The importance of selecting appropriately skilled expert witnesses for patent infringement cases was highlighted in a recent Federal Court of Australia decision.

Intellectual Property

NZ honey producers withdraw from battle over “Manuka Honey” trade mark: lessons from the dispute

The recent end to the Manuka Honey trade mark dispute has demonstrated the importance of distinctiveness when seeking to register certification trade marks in Australia and overseas.

Intellectual Property

Federal Court rules accounts of profits for patent infringement to be apportioned

Overseas Courts may consider the substance of an invention (distinct from the invention as claimed) when assessing the account of profits for infringement of a patent.

Intellectual Property

New penalties and expansions for unfair contract terms in standard form contracts

Any businesses that supply goods or services to consumers or small businesses using standard form contracts should be aware of important changes coming to the current unfair contract terms regime.

Intellectual Property

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