261-270 of 306 results
Ambush marketing: traders beware!
Everyone knows the famous adage that 'the enemy of my enemy is my friend'. But can the friend of my friend be my enemy? In the context of ambush marketing, the answer can be yes. ...
Room for Improvement? Big Data challenges in Health
'Big data' is revolutionising approaches in all major industries, including the health sector, but Australia's current privacy framework lacks flexibility, and there is insufficient guidance to support compliance. Associate Nick Li looks at the challenges in improving patient care and research outco ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Looks can be deceiving: deceptive similarity, substantial identity and trade mark infringement
This Insights examines the interpretative requirements for determining a trade mark infringement ...
Damages for employer's repudiation of employment contract
The Victorian Supreme Court has awarded Mr Loone, a Managing Principle with Crowe Horwath Australia, $423,445 in damages after a repudiation of his employment contract by his employer. ...
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
Increased responsibility for franchisors under new laws
From 27 October 2017, franchisors may be liable if their franchisees contravene certain workplace laws. Senior Associate Chloe Wilton reports on practical steps that franchisors can take to reduce the risk of being held liable under these new laws. ...
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
Summary dismissal for theft found to be unfair
A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...
Bested by 'best method' requirement
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 ...