GL Insights
Trade marks and the distinguishing test
Registering a trade mark is a common way to identify a unique and distinctive product or service that is used in a business. The purpose of registration is also to allow use of the trade mark for goods or services to the exclusion of others. IP Australia will consider an application for registering a trade …
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Reebok and Miranda Kerr – False and misleading representations in advertising
Reebok, and the rest of the commercial work, has been reminded that if you are advertising your business or products, it is important to ensure that any claims made in relation to those products are truthful and can be proven. In a recent case brought by the Australian Competition and Consumer Commission in the Federal …
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Code of conduct investigations: Is your evidence water-tight?
In a recent decision the Fair Work Commission (‘Commission’) has reinstated former Patrick Stevedores Holdings Pty Ltd (‘Patrick’) employee, Susan Francis, after she was dismissed following a flawed investigation. Paul Nichol alleged that Ms Francis assaulted him at work. Patrick investigated Ms Francis’ conduct and found that the allegations were substantiated. Patrick dismissed Ms Francis …
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Moral Rights in Copyright Law
Moral rights are specific rights afforded to creators of works in addition to ordinary copyright protections. Moral rights were only included in the Copyright Act 1968 (Cth) in 2000 and are still a relatively new area of law. What are moral rights? Moral rights are the rights of: attribution of authorship; not to have authorship …
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Buyback and demolition scheme for ‘Mr Fluffy’ homes
This week the ACT Government announced that it will offer to buy back the 1,021 Canberra houses contaminated by ‘Mr Fluffy’ loose fill asbestos insulation under a programme called the Loose Fill Asbestos Insulation Eradication Scheme. The announcement follows a report by the Asbestos Response Taskforce which recommended that the demolition of affected homes is …
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Why you need an Enduring Power of Attorney
An Enduring Power of Attorney is a legal document which allows you to appoint a trusted person or persons to make decisions about financial, property and personal matters on your behalf. An Enduring Power of Attorney is the only way to ensure that you have control over who will make decisions on your behalf if …
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Builder did not owe duty of care to subsequent owners for latent defects
The High Court recently had to consider whether a builder owed a duty of care to subsequent investor-owners of part of a building. In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 the Court unanimously held that a builder did not owe a duty of care to an owners corporation to …
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Dismissed Employees – Choose Wisely
Employees who believe that they have been wrongfully dismissed have several options and choosing the right one is important. Deciding to challenge the termination of your employment is demanding at the best of times and obtaining the right advice regarding your options is important. As well as alleviating the burdens associated with challenging the termination …
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Protecting your Intellectual Property
Intellectual property rights, by virtue of being rights in relation to intangible property, are often ignored or misunderstood. The creation of an idea or invention gives rise to intellectual property rights which can be assigned or licensed. In most industries intellectual property is created in the course of completing one’s work. What is intellectual property? …
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Bankruptcy
The threat of personal bankruptcy is a common tactic used by creditors in an attempt to recover money from a debtor. It is helpful for creditors and debtors alike to understand when a creditor may make a debtor bankrupt and the consequences of doing so. When can a creditor make a debtor bankrupt? A creditor …
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