Tweets and Facebook posts and comments capable of conveying defamatory imputations The use of Twitter, Facebook and other social media for marketing and promotional purposes – whether it be the promotion of a new product, the dissemination of news or entertainment services, or the development of a personal or corporate brand – requires careful scrutiny to limit the risk of exposure to a claim in defamation. Recent court decisions (which are … [Read more...] about Social Media and Defamation
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Franchising in Australia – October 2018
Franchising is one of the fastest growing business sectors in Australia. There are over 1120 franchise systems operating in Australia, with the number of franchisees estimated to be 79,000 [1]. The United States has had a strong influence on the development of Australia’s franchise industry with major U.S franchisors including KFC, McDonalds and Pizza Hut establishing operations in Australia in the late 60’s early 70’s. Australia continues to be … [Read more...] about Franchising in Australia – October 2018
Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (Oct 2018)
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 re-seller agreements, distribution agreements, trade mark licences and IP licence agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These types of agreements are generally not considered to be … [Read more...] about Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (Oct 2018)
Compensation for Patent Infringement in Australia – 2017
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 can limit their risk of patent infringement by appropriate due diligence, … [Read more...] about Compensation for Patent Infringement in Australia – 2017
ACCC Compliance and Enforcement Priorities – 2017
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 are entered into or renewed after 12 November 2016. New … [Read more...] about ACCC Compliance and Enforcement Priorities – 2017