Under the Australian Consumer Reforms, the Trade Practices Act 1974 is being replaced by the Competition and Consumer Act 2010. Businesses must review and update their trade practices compliance procedures and manuals, existing contracts, warranties/guarantees to ensure compliance with the new regime. The Competition and Consumer Act involves a substantial restructure of the Trade Practices… Read More
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The Minister for Small Business DR Craig Emerson has announced the creation of an expert panel on franchising and unconscious conduct, as part of the ongoing inquiry into reforming these areas of trade practices law. The proposed reforms aim at providing increased protections for small business from anti-competitive conduct by more powerful and unscrupulous business…. Read More
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The implied statutory warranties and conditions regime has now been replaced by a comprehensive new framework of statutory guarantees under the Competition and Consumer Act 2010. These new laws have important implications in the franchise industry. Any franchisors involved in the supply of goods and services to consumers will have to abide by the statutory… Read More
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As for shadowed in our March 2010 Newsletter, franchisors will face disclosure requirements under reforms to the Franchising Code of Conduct as announced by Small Business Minister Dr Craig Emerson. In addition to the amendments to the Franchising Code of Conduct, the ACCC has been given new powers to conduct random audits of franchisors. These… Read More
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The Council of Australian Governments has agreed to implement a new consumer policy framework, the Australian Consumer Law, which is designed to ensure nationally equivalent obligations for businesses and guarantee consumers rights, protections and expectations. This update provides an overview of the new law regulating unfair terms in standard form consumer contracts and implications for… Read More
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Australian companies seeking to do business in China should ensure that they obtain appropriate protection of their intellectual property through trade mark, copyright, design and/or patent registrations. Consideration also has been given to the most appropriate means of entering the Chinese market, including licensing, technology, transfer, distribution agreements, joint ventures, representative offices, or other corporate… Read More
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