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Baseless threats of trade mark infringement
Businesses must be aware of the legal considerations when making allegations of trade mark infringement. Learn more about the Pacific Ale Case and the two possible defences, Section 129(4) and (5) of the Trade Marks Act 1995 (Cth), to protect your brand and avoid potential legal ramifications.
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Is your confidential information truly protected?
This article examines the complex nuances around protecting confidential information, essential for commercial transactions. It looks at the quality of confidence, circumstances implying an obligation of confidence, and various Court cases to determine the confidentiality of information.
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Ownership of employee inventions – disputing ownership of patents
Section 35(6) of the Copyright Act 1968 (Cth) establishes a general rule that an employer will own the copyright in many types of works if they were created by an employee or apprentice, in the course of their employment. Unfortunately, there is no such legislative equivalent in the Patents Act 1990 (Cth) (Act). The absence…
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Copyright in artistic works – Australian law
Discover how copyright law protects artistic works and what to consider when reproducing them. Learn about the implications of ownership, what constitutes ‘substantial’ infringement, and how to get permission or licence a copyright.
Intellectual property protection
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