151-160 of 181 results
Albert Namatjira's family wins decades-long battle for compensation
The descendants of one of Australia's most well-known artists, Albert Namatjira, have finally received compensation for decades of missed royalties. ...
Troubled waters
A recent Federal Court decision demonstrates the difficulties large offshore food and beverage brands may encounter when attempting to enter the Australian market, particularly where there is a longstanding local user of the same or a similar mark ...
ACCC's good result in bad faith claim
The ACCC recently brought its first two cases alleging a breach of the good faith obligation in the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (the Franchising Code). In each instance, the ACCC successfully established both a lack of good faith and breaches of the Austra ...
'Best method' a heavy burden for patentees
Despite a global trend away from requiring patentees to disclose the best method of performing their invention, Australia continues to impose an arguably obsolete, yet increasingly onerous, statutory best method requirement. ...
Use of your own name must be in good faith
Even where a family business is making use of its own surname, trade mark infringement and passing off are likely to be found where the conduct is not in good faith and has caused actual confusion. ...
The Full Federal Court dismisses the appeal in Encompass Corporation v InfoTrack
The Full Federal Court decision in Encompass Corporation v InfoTrack confirms that 'computer-implementation' is insufficient to provide patentability to an otherwise unpatentable scheme. ...
Monopolising foods using trade marks
Trade mark registration is intended to protect the brand of one trader's goods or services from that of another trader. Despite this, businesses in the food industry have increasingly sought trade mark registration for signs that inherently describe the food for which trade mark registration is sought. ...
IP rights and Indigenous Knowledge: the case of gumby gumby
A pending trade mark application concerning the Indigenous term 'gumby gumby' highlights the controversies that arise at the intersection of intellectual property rights and Indigenous culture. ...
Is it finally safe to eat frozen berries?
The frozen berries contamination scare that unfolded in 2015 and its 2017 repeat has exposed a regulatory gap at the Australian border. That incident has prompted the introduction of the Imported Food Control Amendment Bill 2017 which, if enacted, will amend the Imported Food Control Act 1992 (Cth). ...
Unlocking the potential in IP assets as collateral for finance
Companies should seek to make the most of their intangible assets. One way to do this is to use intellectual property assets as collateral to access funding. IP-rich businesses, SMEs and start-ups should keep this potential avenue in mind. ...