ndustry codes play an important role in the regulation of business practices by setting standards of conduct for industry members, the consequences of non-compliance with an industry code may result in contravention of the Trade Practices Act 1974. This legal update examines recent developments in the following industry codes: Green Marketing Code; Franchising Code of… Read More
Read moreOwnership of intellectual property is an important corporate governance issue for companies, universities, research institutes and businesses. As intellectual property represents one of the most valuable assets on the balance sheet of many organisations, adequate and effective processes and procedures for ensuring the organisation’s ownership of intellectual property on creation, protection and ongoing management are… Read More
Read moreThe Federal Government is currently implementing a three-stage reform program to update the therapeutic goods regulatory framework in Australia. This legal update provides an overview of the amendments to the Therapeutic Goods Act 1989 and how they will have significant consequences for the pharmaceutical industry, particularly in relation to penalties for providing false or misleading… Read More
Read moreThe innovation patent system became part of the Australian patent framework in 2001 and was aimed at stimulating small and medium business innovation by providing a quick, efficient and cost effective means of obtaining protection for new or improved products, methods or processes. This legal update examines the Dura-Post Pty Ltd v Delnorth Pty Ltd… Read More
Read moreChina remains an increasingly important market for Australian companies considering international business expansion, whether through franchising, licencing, setting up foreign investment enterprises or other business structures. Amongst these market entry options, franchising enables rapid market expansion and penetrates using a combination of intellectual property of the franchisor and the capital and enthusiasm of a network… Read More
Read moreConfidentiality agreements and restraint of trade clauses are commonly used to prevent former employees or franchisees from engaging in activities that compete with business, including franchises. Recent decisions have indicated that inadequate confidentiality agreements and unreasonable restraint of trade clauses in employment contracts or franchise agreements, may fail to adequately protect legitimate business interests. In… Read More
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