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. ...

Section 51(3) of the Competition and Consumer Act 2010 (Cth) (the CCA), which currently exempts conditional licensing or assignment of IP rights from most of the prohibitions on anti-competitive condu ...

Allens has advised Sydney Trains on a series of deals, worth $100 million over five years, to grant the rights to sell and install advertisements throughout train stations and on train carriages ...

The Full Court of the Federal Court recently handed down its decisions on an appeal that highlights the dangers of making unsubstantiated social media comments Partner Miriam Stiel and Lawyer Tracy Lu report on a long-running dispute where the court found personal Facebook posts constituted ...

Product safety has been high on the ACCCs agenda in 2018 and with the holiday retail frenzy about to begin it should also be high on the agenda of all retailers and suppliers Following on from International Product Safety Week last week it is a good time for businesses to review their processes and ...

Proposed new regulatory rules for software as a medical device will if enacted have serious implications for suppliers to the Australian market who will likely have to meet more stringent requirements that could conflict with those in the US and Europe Special Counsel Ric Morgan and Senior Associate ...

In an effort to reduce the rate of online copyright infringement the Australian Government has introduced a Bill that will allow copyright owners to apply for an injunction requiring internet service providers to take steps to block piracy websites from their users Senior Associate Jonathan ...

Telecommunications industry body the Communications Alliance has released a draft industry code that would introduce a copyright infringement notice scheme for internet service providers ...

Telecommunications industry body the Communications Alliance has submitted an updated Copyright Notice Scheme to allow rights holders to better use existing legal avenues to defend their rights The updated Notice Scheme resolves a number of issues that were left open when the first draft of the ...

Australias unique statutory best method requirement continues to get the better of patent applicants and patentees Associate Claire Gregg looks at two recent decisions that provide some insight into the requirement of disclosing the best method known to the applicant of performing the invention at ...