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Interlocutory injunctions and damages undertakings
An interlocutory injunction may be sought by a patent owner to stop a defendant from infringing their patent. This article examines the two elements that must be established by an Applicant and the considerations the Court will take into account when making its decision.
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Cost awards in unfair dismissal cases – part 4
This article examines the rare but possible situation in which an employee could be liable to pay the employer’s costs in an Application under the Fair Work Act 2009 (Cth). Find out more about this situation and the case of Ewan Chapman v Ignis Labs Pty Ltd t/a Ignis Labs [2021] FWCFB 932.
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The Modern Slavery Act 2018 (Cth) – explained
Australian businesses with annual consolidated revenue of AUD$100 million or more must now file a Modern Slavery Statement to the government’s online register, addressing modern slavery risks and due diligence/remediation processes. Lower revenue entities can also file voluntarily.
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Calculating account of profits – trade mark infringement
This article examines the calculation of damages when an account of profits is awarded as a remedy for trade mark infringement. It covers the general principle, the proportionality rule, and the deduction of overhead costs.
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Cost awards in unfair dismissal cases – part 3
This article looks at when costs orders can be imposed on a party to an unfair dismissal application, with an example of how costs orders can be imposed on a complainant employee.
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What are exclusive supply contracts?
The Court must consider whether the applicant has no other effective remedy, and if the information is sought for criminal proceedings, that there is a reasonable potential it will lead to conviction.
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Software royalties and income tax – explained
Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.
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Non-fungible tokens – a new way to hold IP?
Discover the rising phenomenon of Non-Fungible Tokens (NFTs) and how they can help protect your Intellectual Property (IP). Learn how NFTs works, its benefits for rights holders, and potential legal issues. Get the full picture here.
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Unjustified trade mark infringement threats
Comprehensive list of Australian Court decisions and related legislation covering corporate, technology, intellectual property, commercial, employment, negligence, confidentiality, copyright, moral rights, user generated content, click wrap/browse wrap, trademarks, torts and social media law.
