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If I use a small part of someone's computer code, is that still copyright infringement?
The case of IPC Global Pty Ltd v Pavetest Pty Ltd (No 4) [2017] FCA 260 (16 March 2017) shows that using even a small proportion of third...
Steve Davey
Mar 15, 20172 min read
56 views
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Should I bother registering my trade mark in China?
If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...
Steve Davey
Feb 15, 20172 min read
31 views
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Can I patent my recipe?
Recipes are most effectively protected by the law of trade secrets, rather than copyright or patents. Well known secret recipes were...
Steve Davey
Nov 14, 20161 min read
38 views
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Can I receive additional compensation for flagrant infringement of my copyright?
In APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement and $400,000 for flagrant...
Steve Davey
Sep 6, 20161 min read
38 views
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Why can't I just ignore a cease and desist notice?
The case of Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 shows that if you ignore cease and desist notices, you are likely to...
Steve Davey
Aug 11, 20161 min read
27 views
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Can I stop someone from copying my architectural design?
If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...
Steve Davey
Feb 25, 20162 min read
21 views
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Can I win a case without direct evidence of infringement?
Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark...
Steve Davey
May 2, 20132 min read
20 views
0 comments


Do I own the copyright in my employee's work?
Section 35(6) of the Copyright Act provides that: "Where a literary, dramatic or artistic work … is made by the author in pursuance of...
Steve Davey
Sep 17, 20102 min read
23 views
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Should I rely on copyright or design protection for my artistic work?
Some products can be protected by both copyright law and designs law. Copyright protection is automatic, it doesn't require registration...
Steve Davey
Apr 26, 20072 min read
98 views
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