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Use of the © (copyright) symbol
It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns. Under Australian law, the “material form” of all original Works is automatically protected by…
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The Digital ID Bill 2023 (Cth)
On 30 November 2023, the Digital ID Bill 2023 (Cth) and the Digital ID (Transitional and Consequential Provisions) Bill 2023 (Digital ID Bills) were introduced in the Australian Senate. Digital IDs are designed to provide individuals with a convenient way to verify their identity when completing certain online transactions and dealing with government and certain…
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What is a Decentralised Autonomous Organisation?
Decentralized autonomous organization (DAO) are a form of digital org on the blockchain, making decisions without centralised management. This article explores their legal grey area, safety and jurisdiction, and the Australian government’s recommendations for a new DAO structure to aid in its governance and success.
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Use of competitors trade marks for comparative advertising
Comparative advertising can be a powerful tool, but it must be done within the bounds of the law. Learn more about the legal implications of comparative advertising in Australia, including the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1.
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Can meta tags constitute trade mark infringement?
Find out how the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 highlights the potential risk of trademark infringements to businesses. Read more to discover the case background, takeaways, and tips to protect your business.
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Tax incentives for early stage investors in innovation companies
The Australian Government has proposed a bill to incentivise innovation and foster an entrepreneurial culture. Learn more about the 20% non-refundable tax offset for eligible investors and the potential for an Australian Innovation Fund.
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Businesses’ obligations when trading online – Competition and Consumer Act 2010
The Competition and Consumer Act 2010 (Cth) provides legal remedies for those aggrieved by a business’s online conduct, such as penalties, damages, etc. This article explores remedies for misleading, deceptive, unconscionable conduct and unfair contract terms.
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Are your website terms and conditions contractually binding?
Online contracts have legal implications and must adhere to consumer protection regulations. The Australian case of eBay International AG v Creative Festival Entertainment Pty Limited (ACN 098 183 281) [2006] FCA 1768 highlights the importance of understanding these regulations when drafting online contracts.
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Thumbs down to McDonald’s “send to friend” campaign
Businesses should be aware of their legal obligations when using ‘send to friends’ facilities to avoid potential liability for breach of anti-spam laws. Find out how one company faced legal action for failing to comply with the Spam Act 2003 (Cth).
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