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Plant breeder’s rights – an introduction
This article explores the Plant Breeders Rights Act 1994 (Cth) and its implications for plant variety protection. Learn more about the exclusive rights granted to plant breeders, the registration requirements, and the exceptions that apply.
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Selling counterfeit poles breaches IP rights
Australian sellers Vertical Leisure Ltd and Dance4Me Pty Ltd have won AU$394,800 in damages from competitor Skyrunner Pty Ltd, who sold counterfeit “X-Pole” dancing poles. The Federal Circuit Court’s decision provides guidance for calculating damages for multiple IP rights breaches.
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Getting confidentiality agreements in place
Part 5 – Planning a business acquisition Confidentiality Agreements (Confidentiality Agreement or NDA’s) are essential in business Acquisitions, particularly if either the Target or Acquirer is subject to the ASX Listing Rules. Whilst generally an equitable obligation of confidence is applicable, a Confidentiality Agreement reduces the obligations of the parties to writing to ensure that…
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Trade mark infringement
A registered trade mark is a sign used to distinguish traders’ goods/services from others. This article explains the form, purpose, infringement and penalties of trade marks, as governed by the Trade Marks Act 1995 in Australia.
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ACCC guide on online user reviews
The Australian Competition and Consumer Commission has released guidelines to help businesses navigate the complexities of online reviews. Learn how to manage reviews, remove fake ones, and stay compliant with the Competition and Consumer Act 2010 (Cth). Read on to find out more.
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Social media rant costs respondent over $350k!
Posting unsubstantiated allegations on social media can be risky. Learn about the consequences of a case in which a business was found to have misled and deceived customers, and how to protect yourself from similar situations. Read the full article to find out more.
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Federal Court implies a new duty in employment contracts
The landmark Commonwealth Bank of Australia v Barker [2014] HCA 32 ruling has changed the way employers must manage their employees. Find out how this Federal Court decision could affect your business and what you need to do to ensure compliance.
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Employee or contractor – impact on intellectual property
This article explores the legal implications of determining whether an individual is an employee or contractor. Learn how a multi-factor test can help to identify the correct status, and understand the potential impact on intellectual property.
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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.
IP litigation and disputes
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