Federal Court rules on unfair contract terms

The recent decision of the Federal Court of Australia in Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 serves as a reminder to businesses that use standard form contracts to carefully review their terms.

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What is a collaboration contract?

Also referred to as a collaboration agreement, a collaboration contract (Collaboration Contract) is an agreement between two (2) or more organisations (or individuals) that want to collaborate to pursue a defined or limited business purpose.  In essence a Collaboration Contract is a species of unincorporated joint venture because the collaborators have to contribute resources and decide on the ownership of the proceeds.  In the technology sector, the main legal issues involve the contribution and licensing of background Intellectual Property (IP), the ownership of the resulting IP and arrangements which apply at the end of the term. [Read more…]

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