2561-2570 of 3616 results

IP rights and Indigenous Knowledge: the case of gumby gumby
Insight 17 Dec 2019

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. ...

What does Blackbeard have in common with North Carolina?
Insight 18 Dec 2019

They're both pirates! At least, that is video production company Nautilus Production's allegation before the Supreme Court of the United States (SCOTUS), which has been asked to ponder the copyright in materials relating to Queen Anne's Revenge, the ship belonging to infamous pirate Blackbeard. ...

What’s in a name? Famous faces and their famous trade marks
Insight 18 Dec 2019

For a celebrity, your name is your business. It is no surprise then that celebrities will go to great lengths to protect their brand. This is clear from a recent flurry of A-list trade mark activity including by the likes of Kim Kardashian West, Kylie Jenner and Beyoncé. ...

When performance is personal – the hazards of subcontracting without consent
Insight 16 Dec 2019

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

Proposed regulation of offshore clean energy infrastructure – what you need to know
Insight 29 Jan 2020

The proposed regulatory framework for offshore wind and other clean energy technologies and associated infrastructure in Commonwealth waters looks to be modelled on the regulation of offshore petroleum, with some key differences. ...

ACCC 2020 Enforcement Priorities
Insight 25 Feb 2020

A number of industries and issues are in the spotlight following release of the ACCC's 2020 Enforcement and Compliance Priorities by Chairman Rod Sims on 25 February. ...

Do employers need to start telling their employees to limber up before heading home?
Insight 17 Feb 2020

The Administrative Appeals Tribunal has decided that a knee injury sustained by an employee when he was 'lightly jogging' to the staff bus after his shift had arisen out of his employment. ...

Employee reinstated despite breaching 'zero tolerance' drug policy
Insight 16 Feb 2020

The Fair Work Commission has ordered the reinstatement of an employee following inconsistencies in an employer's 'zero-tolerance' policy regarding drug and alcohol use. ...

DABUS ignites debate on AI inventorship
Insight 26 Feb 2020

Patent offices in the UK and Europe, UKIPO and EPO have rejected Stephen Thaler's DABUS application naming artificial intelligence as inventors. Both patent offices found that DABUS, being a machine, could hold no rights and could not transfer any rights as the inventor to the applicant as successor ...

Federal Court decides second round of fencing (patent) duel
Insight 25 Feb 2020

This Insight examines the consequences of a patent dispute concerning a patent for a 'fence plinth'. This dispute highlights some of the key elements of any patent dispute such as how meaning of ordinary terms in the patent must be understood in the context of the whole patent specification. ...

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