We review advertising copy and collateral for use on all platforms, including radio, television, print media and social media, in order to ensure that your campaign complies with Australian law, and the numerous Australian industry-led codes and regulations.
Our lawyers have drafted and reviewed many Financial Services Guides and Statements of Advice.
Advertising and marketing material often has attached associated Intellectual property rights such as trade marks or copyrights. Whether you require advice on the content and associated rights included in your advertising and marketing material, or believe that your intellectual property rights are being infringed by the advertising and marketing material of others, we can assist. For more information on our services in this area please see our IP and Trade Marks pages.
Our team draft and review agreements involving sponsorships, endorsements, merchandising and publicity. We ensure that these agreements provide our clients with certainty as to how parties will use their brand and associated intellectual property rights in all advertising and marketing activities. We also review agreements between advertising agencies, ad buyers and sellers, and the platforms that provide advertising space.
Trade promotions seek to promote a business or brand and are a commonly used and highly effective marketing tool. However, they are also highly regulated. Trade promotions can consist of games of chance, games of skill or both. Trade promotions which involve an element of chance are governed by different regulations in each Australian State and Territory in which the promotion is being conducted, and may require a permit or authority to be run legally. We assist with navigating the rules and regulations around trade promotions to ensure they are run effectively, appropriately and legally.
Building a comprehensive database of previous, current and potential customers is a crucial requirement for effective marketing and advertising, especially with the increase of email and social media led campaigns. However, businesses need to be careful about how they collect, analyse and use customer information, especially when that information may be considered personal information within the definition of Australia's Privacy Act 1988. Our team advises on the collection and use of personal information and how it can be safely leveraged for advertising and marketing campaigns.