The Australian courts have given a very broad interpretation of the definition of “franchise agreement” in the Australian Franchising Code of Conduct resulting in many dealership or reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
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The Australian courts have given a very broad interpretation of the definition of “franchise agreement” in the Australian Franchising Code of Conduct resulting in many dealership or reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
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By Katarina Klaric, Principal, Stephens Lawyers & Consultants (Jan 2018) – Recent awards of damages by courts for on-line defamation serves as a warning to all using the internet, that care must be taken to ensure that there is a factual basis for what is published. In Wilson v Bauer Media (2017) VSC 521, Rebel Wilson was… Read More
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Katarina Klaric, Principal, Stephens Lawyers & Consultants Australian courts will award substantial damages for patent infringement where the amount claimed by the patentee can be substantiated by evidence of loss suffered. A patentee can elect to either claim damages or an account of profits.[i] Businesses seeking to launch new products into the Australian market… Read More
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Katarina Klaric, Principal, Stephens Lawyers & Consultants (June 2017) Is your business compliant with the ACCC’s latest 2017 compliance priorities? Australian Consumer Law, Section 23 – Unfair Contract Terms – Applies to most standard form contracts (including on-line contracts) for the supply of goods, services or sale/grant of interest in land, to ‘small business’ which… Read More
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