Social media influencers can be important channels for advertisers to reach large volumes of consumers. The new Therapeutic Goods Advertising Code 2021 (Cth) (2021 TGA Code) came into effect on 1 January 2022, bringing about a number of changes to the regulatory framework for advertising therapeutic goods. The new 2021 TGA Code provides changes to the rules regarding testimonials for therapeutic goods by social media influencers or anyone else receiving valuable consideration for their endorsement. This article discusses the new changes introduced by the 2021 TGA Code and liability for non-compliance. [Read more…]
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A guide to the Therapeutic Goods Advertising Code 2021
The Therapeutic Goods Administration (TGA) recently announced the release of the Therapeutic Goods Advertising Code 2021 (TGA Code) following eighteen months of consultation with stakeholders. Amongst other updates, the TGA Code reduces the number of mandatory statements required to accompany advertisements of therapeutic goods. This article discusses the key changes introduced in the new TGA Code. [Read more…]
Force majeure in a major pandemic
To say the world has been turned upside down is all but literally true in many respects. Where there is the slightest sneeze of Covid-19, governments have made shut down decisions that that have impacted the ability of businesses to operate and perform their contractual obligations.
A feverous question is whether COVID-19 an event of force majeure and does it relieve the affected party from its obligations? Below we set out the issues. [Read more…]
EU General Data Protection Regulations (GDPR) – How to comply
Similar to the Australian Privacy Principles (APP) as set out in the Australian Privacy Act 1988 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR) ‘lays down rules relating to the protection of natural persons and the processing of their personal data.’ The GDPR came into force on 24 May 2016 and became binding on all European Union (EU) member states on 25 May 2018. [Read more…]
Biologi’s Bf & Bk serums contain no Vitamin C – Court Orders prove it!
The recent decision of the Federal Court of Australia Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 where final declarations and orders were made against Mr Ross Macdougald (Macdougald), Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Biologi Pty Ltd ACN 618 697 297 (Biologi) sheds light sheds light on the contents of certain of Biologi’s skincare products.
Despite the finality and legal clarity of the orders (Court Orders) there appears to be some confusion about what they mean. The Court Orders which are final, declared and ordered that various representations (discussed below) made by Macdougald, Plant Extracts and Biologi in relation to their products on their websites, on social media and on various third party websites were false and misleading and amounted to misleading and deceptive conduct. [Read more…]
Plant Extracts Pty Ltd & Ross Macdougald admit misleading conduct – ordered to publish corrective notices
On 23 October 2023, in the matter of Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Justice Downes issued an initial judgement and made orders for declaratory relief and the publication of eight (8) corrective notices by Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Bilogi Pty Ltd ACN 618 697 297 (Biologi). Dundas Lawyers proudly acted for Native Extracts and the other applicants in these proceedings. The Court also issued permanent injunctions against Mr Ross Macdougald and made various declarations that representations made by both Plant Extracts and Biologi in relation to their botanical plant extracts and skincare products published on their own websites and replicated on various third party websites amounted to misleading and deceptive conduct and were in fact, false and misleading. [Read more…]
Skincare brand Biologi breached the Australian Consumer Law – ordered to publish 5 corrective notices
In a recent decision of the Federal Court in Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Downes J issued an initial judgement and made orders for declaratory relief and the publication of eight (8) corrective notices by Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Bilogi Pty Ltd ACN 618 697 297 (Biologi). The Court declared that various representations made by both Plant Extracts and Biologi in relation to their products on their websites, on social media and on various third party websites were misleading and deceptive and were false and misleading. [Read more…]
Intellectual Property Lawyers
Dundas Lawyers® Brisbane has over 12 years experience working with businesses of all sizes to protect and enforce their intellectual property rights including copyright, confidential information, trademarks, patents, registered designs and trade secrets.
What is intellectual property?
A concise definition of ‘intellectual property’ is challenging and something that is not universally accepted. It is thought of conceptually as a form of property that flows from intellectual activity. That said Intellectual Property or “IP” is much more than copyright, trade marks and patents it encompasses law enshrined in common law, various statutes, and also includes confidential information, registered designs, the tort of passing off, misleading and deceptive conduct and plant breeder’s rights. Related rights include exploitation of intellectual property through licensing, commercialisation and rights to register domain names.
The Founder of Dundas Lawyers®, Malcolm Burrows has extensive hands on experience in the creation, registration and enforcement of intellectual property rights both as an entrepreneur and as a Lawyer. He understands how critical Intellectual Property can be in creating and protecting shareholder value and to foster innovation.
Contact Us About Enforcing Your IP Rights
Need more information on how to enforce your IP rights? Complete the form below and we will get back to you.
Copyright, trademarks, patents, designs and confidential information – Court cases
Campbell v Sutherland [2020] FCA 765 (25 May 2020)
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd (No 2) [2020] FCA 8 (8 January 2020)
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd [2018] FCA 1882 (27 November 2018)
Multisteps Pty Ltd v Specialty Packaging Aust Pty Ltd [2018] FCA 587 (2 May 2018)
Motorcycle Aftermarket Spares Pty Ltd v Tamworth Cycle Tune Pty Ltd [2014] FCA 1433
Intellectual property (IP) articles by Dundas Lawyers
General articles on intellectual property
- Introduction to intellectual property
- Anton Piller orders – preventing evidence destruction
- IP Contracts now subject to restrictive trade practice provisions
Copyright articles
- Copyright Infringement Online – lessons for online traders
- Copyright in artistic works
- Infringement of copyright in computer code
- Proposed amendments to the Copyright Act 1968 (Cth)
- Software developer compels Telstra to unmask information about holders of IP Addresses
Registered designs
Trademark articles
- Unjust threats of trademark infringement
- Should you trade mark your business’ name or its logo?
- Groundless threats of trade mark infringement
- The importance of using your trade mark
- What is a certification trade mark?
- Is the use of a trade marks in AdWords and infringement?
- Can you infringe a trade mark by exporting a product?
Patents
- Disputing ownership of a patent – joint inventors
- Australian Court: AI can’t be an “inventor” an Australian patent
- Preliminary discovery granted in patent proceedings
- Computer-implemented inventions and patentability
Articles about confidential information and trade secrets
- What is a “Confidentiality Agreement”?
- Injunctions for breach of confidence
- Enforcing the terms of a confidentiality agreement
- Know-how versus confidential information
- What is a trade secret?
- Use of confidential information – the springboard injunction
More information on intellectual property litigation. For further information on how Dundas Lawyers® can assist your organisation to protect or enforce its intellectual property rights, please contact:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
Telephone: (07) 3221 0013 |(Preferred)
Mobile 0419 726 535
Privacy Act amended to increase penalties up to $50 Million
The Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 (Bill) was passed by both Houses of Parliament on the 28 November 2022 and now awaits Royal Assent. The Bill was passed with virtually no amendment.