A cautionary tale of the rights you give away. A few months ago, as I sat in a meeting that was increasing in tempo at a remarkable speed, one attendee at the meeting quipped, “intellectual property has no value”. As I heard this and started to explain to this person that for some business’ intellectual …
Read more
Earlier this year, IP Australia conducted an extensive review of its fee structure in consultation with various stakeholders. The results of this review are now finalised and IP Australia has announced that new fees will apply from 10 October 2016. The changes to trade mark fees may be significant to current trade mark owners, and …
Read more
On 11 February 2016, the Federal Court handed down its judgment in the case of Dick Smith Investments Pty Ltd v Ramsey [2016] FCA 939. The decision marked the end of the latest chapter in the trade mark battle between Dick Smith’s OzEmite and AussieMite. While this dispute has been in the media through its …
Read more
Thought you can use the internet anonymously? A recent Australian case has shown that the right to privacy does not necessarily prevent someone finding out your identity in order to make a claim against you. If an individual or entity has a right to relief against a prospective respondent but cannot adequately identify that prospective …
Read more
Any student, chocoholic or sweet-toothed individual understands the thought process that goes into selecting the perfect chocolate bar. It does not bear imagining that the chosen chocolate will not match its mouth-watering descriptions or eye-catching advertisements. An English law student has declared her disappointment in a packet of Kit-Kat bars mysteriously lacking their famed wafer …
Read more
Registering a trade mark affords the owner of the trade mark the exclusive right to use the registered trade mark and to authorise others to use the trade mark for the goods and services over which it is registered. Although registering a trade mark is a sound first step in protecting your brand, brand protection …
Read more
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 …
Read more
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 …
Read more
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? …
Read more
Estate planning law is one of the oldest areas of the law and is one area that plays on people’s minds more as they grow older. Following the acquisition or sale of assets, a person should review and possibly update their will to reflect the change in assets and to ensure that their estate is …
Read more
Notifications