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Patent revocation due to lack of novelty
One of the often cited requirements for a patent to be granted, is that the invention as claimed must be ‘novel’ in light of the information of the day (referred to as the prior art and the common general knowledge) (section 18(1)(b)(i) of the Patents Act 1990 (Cth) (Patents Act)). Put simply, if its been…
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Patents and the threshold for registration
Learn about the different types of patents available in Australia, their requirements for patentability, and how to protect your invention with this article. Discover what can and cannot be patented, and the legal implications of obtaining a patent. Get the facts you need to know about patents in Australia.
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Understanding patent revocation
Engaging in transfers of intellectual property? Beware of transferring goodwill too. The case of Favotto Family Restaurants Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 120 highlights the concept of goodwill and its three (3) aspects, as well as how it affects the ability to generate earnings from identifiable assets.
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Best ways to avoid building disputes in Queensland
Avoiding a building dispute? Read this article for three tips: read the contract, confirm QBCC licensing, and agree to variations in writing.
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Director’s duties – the case of MG Corrosion Consultants PL v Gilmour
The case of MG Corrosion Consultants Pty Ltd v Gilmour [2014] FCA 990 serves as a reminder of the need for Directors to uphold their obligations under the Corporations Act 2001 (Cth). Uncover the Courts findings and the implications for Directors.
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What exactly is a bare trust?
This article explores the taxation implications of setting up a Bare Trust, from income tax to capital gains tax and beyond. Learn more about the duties of a Trustee and the considerations to keep in mind when creating a Bare Trust.
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The ‘good faith’ defence to an unfair preference claim
Learn more about Unfair Preference claims and defences, including grounds for suspecting insolvency and the Good Faith defence. Protect yourself from claim demands with our comprehensive guide.
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Director Identification Numbers – more red tape?
Treasury Laws Amendment Bill proposes a Director Identification Number (DIN) regime to create transparency, detect illegal phoenix activity, and provide streamlined system for liquidators/administrators. Consultation closes 26 Oct 2018.
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What’s an unfair preference claim?
Understand the implications of unsecured debts, insolvent transactions, and unfair preference claims in the Corporations Act 2001 (Cth). Discover the defences available to protect against unfair preference claims and other related legal matters.
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