Recent Blogs

When is an “image right” not a right? And how has the ATO found a way of dealing with this dilemma? Image rights for sports stars are very big business in Australia, as recent ATO rulings and guidelines have recognised1. Names, images and likenesses are becoming more and more valuable, so likewise managing rights, licensing […]

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A recent case warns of the dangers of filing for a trade mark in the name of the wrong entity, particularly given the defect cannot subsequently be cured by an assignment.

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Drones1 are rapidly becoming a part of everyday life. Revolutionising new methods of data acquisition, their use in agriculture, mining, energy, telecommunications, research, environmental management, news gathering, criminal investigation and cinematography is now widespread. The latest advance in drone technology, that is so appealing, is their use in food aid. In remote and difficult areas […]

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Every year an untold number of organisations are affected by data breaches. These can be accidental or inadvertent (eg leaving an external hard drive of sensitive information on the train), but are more frequently malicious attempts by external parties to obtain sensitive information (eg hacking). From 22 February 2018, organisations affected by an “eligible data […]

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With emojis now an inseparable part of modern communication, it was inevitable that they would be used by a person in the course of contractual negotiations. As recently found by an Israeli court, the use of certain emojis could, in context, evidence intention to enter into contractual relations, as a consequence of which a prospective […]

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When people think of trade marks, famous brands, business names or logos generally spring to mind, such as the McDonald’s ‘M’ or Apple Inc.’s apple. But phrases that are associated with a brand, such as Nike’s famous slogan, “Just Do It“, can also be registered as trade marks. Over the years, various celebrities have also […]

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This week Thomson Geer hosted, and I chaired, a critical franchising update seminar on the topic “preparing for the burden of ‘vulnerable workers’ legislation: proposed solutions for your business“. It is quite a topical issue due to the numerous official reports into the “7 Eleven scandal” and the introduction of the Fair Work Amendment (Protecting […]

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Bayer Pharma AG (Bayer) pursued Generic Health Pty Ltd (GH) for damages for patent infringement.  In a recent Federal Court decision, GH had been found to have infringed a patent for a pharmaceutical combination of ethinylestradiol (EE) and drospirenone (DRSP) for use as a female oral contraceptive (OC).[1] Bayer’s claim Bayer elected damages and claimed […]

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As a result of an action commenced by the Australian Competition and Consumer Commission, the Federal Court of Australia recently ordered Valve Corporation (Valve), a foreign corporation, to pay a pecuniary penalty of AUD$3 million for breaching the Australian Consumer Law in the course of conducting its online business. Valve ran an online games software […]

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Drip Pricing Drip pricing conduct is a common issue with online transactions, particularly ticket purchases and travel bookings. “Drip pricing” refers to the incremental disclosure of fees and charges that make up the ultimate price payable by the consumer. The Liability Judgment[i] On 17 November 2015 Justice Foster of the Federal Court found that two […]

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