201511.06
1

Removal of Trade Marks for Non-Use: Applying and Responding

Trade Mark registration does not provide boundless and unconditional protection for its owner. An owner of a registered mark must use the mark to prevent it from losing its protection. The Trade Marks Act 1995 (Cth) (the “Act”) contains provisions that allows a party, who wishes to register a similar mark, to apply to have…

201511.06
2

R&D Tax Incentives for Innovators

The Federal Government’s R&D Tax Incentive program is targeted at Australian companies, particularly small to medium enterprises (SMEs) carrying out R&D in Australia and overseas. Early stage high-tech companies investing heavily in R&D stand to gain significantly because there is no upper limit on the amount of R&D expenditure per year under the scheme. SMEs…

201511.06
1

Privacy Concerns and Cloud Computing

For many businesses, cloud computing has become an essential tool to minimise ongoing computing costs. It also provides companies with a facility to access information remotely and globally. Notwithstanding the benefits of cloud computing, companies should be aware of their legal responsibilities whilst storing personal information onto cloud servers. For example, pursuant to the National…

201511.06
1

Privacy Act –The 2014 Reforms

On 12 March 2014,the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) will come into effect. This will amend the Privacy Act 1988 (Cth) by introducing: a new definition of Personal Information; the Australian Privacy Principles (APP); a more comprehensive credit reporting system and new powers for the Privacy Commissioner; and new penalties. New Definition…

201511.06
0

Social Media Monitoring

QANTAS has recently come under fire for the appearance of pornographic material on its Facebook page, which was unfortunately stumbled-upon by an 8-year-old child using his father’s iPad. By way of background, comments on Facebook pages were held to be subject to the Trade Practices Act 1974 in the case of Seafolly v Madden [2012]…

201511.04
0

International Chamber of Commerce –Rules of Arbitration

An arbitration agreement gives parties a chance to present their contractual disputes for decision by a private tribunal. The decision made by the arbitration tribunal is legally binding and can be enforced by the courts, should either party fail to uphold its obligations. The International Chamber of Commerce ‘Rules of Arbitration’ (ICC Rules) are used…

201511.04
0

Honest and Concurrent use of a Trade Mark

A trade mark is a vital part of any business and is the identity of a product or service. Accordingly, this area of law often times results in conflict between unprotected brands and existing trademarks. Section44of the Trade Marks Act 1995 (the “Act”) prevents registration of a mark that is substantially identical or deceptively similar…

201511.04
0

Government Grants for Industry Innovators

The Government’s Small Business Enterprise program has been established to encourage small businesses to develop technologies to aid important industries within New South Wales. The program provides grants of up to $100,000.00 to small enterprises developing new technologies, or developing new uses for old technologies. The grant may apply to new technologies in the following…

201511.04
0

The Doctrine of Innocent Infringer

In our article titled Copyright Infringing Drawings & Plans, we discussed situations where there is an implied licence to use architectural drawings and plans. In this article, we examine the doctrine of innocent infringer. In the case of Tamawood Limited v Habitare Developments Pty Ltd (7 May 2013), Tamawood Ltd (“Tamawood”) sought relief against a…

201511.04
0

Be Careful of What You Post on Facebook

In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the principal of White Sands, an Australian swimwear label, posted statements and comments on her personal Facebook page indicating that Seafolly Pty Ltd, a competitor of White Sands, had copied some of her swimwear designs. Consequently, Seafolly alleged that Ms Madden had engaged…