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...

If you have any prospect of business in China, it is wise to register your mark there before your business associates or competitors do...

Recipes are most effectively protected by the law of trade secrets, rather than copyright or patents. ​Well known secret recipes were...

In APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement and $400,000 for flagrant...

The case of Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 shows that if you ignore cease and desist notices, you are likely to...

If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...

Without the infringing goods, or some direct evidence of infringement, a court will not be able to make a finding of trade mark infringement in your favour and it will not be worth commencing court proceedings. This was shown in the case of Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd [2013] FCA 986. Aristocrat is a well known Australian producer of gaming machines. Global contracted with Mr Riad Allam to refurbish Aristocrat gaming machines

Section 35(6) of the Copyright Act provides that: "Where a literary, dramatic or artistic work … is made by the author in pursuance of the terms of his or her employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work …" The question is whether the copyright work is made under a contract of service. This issue was addressed in EdSonic Pty Ltd v Cassidy [2010] FCA 1008. Ms Barbara Cassid

Some products can be protected by both copyright law and designs law. Copyright protection is automatic, it doesn't require registration and it lasts for the life of the author plus 70 years. By contrast, design protection lasts for only 10 years. But designs law provides more legal certainty than copyright law when it comes to products. If you register your design for a 3D product, copyright will be extinguished and you will have to rely on your design registration. If