A recent decision of the Federal Court of Australia highlights the importance of choosing trade marks that are ‘distinctive’ and not ‘descriptive’. The case serves as a timely reminder to businesses to ensure that your trade mark is distinctive and not merely descriptive, if you wish to secure valuable common law and exclusive rights afforded by its use and registration of a trade mark.
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Businesses have until 8 November 2023 to review their standard form contracts to ensure they comply with recent changes to the Australian Consumer Law which prohibit unfair contract terms – or risk incurring high financial penalties. This update offers an overview of the changes and provides some guidance on steps that can be implemented to minimise the risk of non-compliance.
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On 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.
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December 2023 – The Office of the Australian Information Commissioner (OAIC) has launched an inquiry into whether TikTok’s use of marketing pixels, which track people’s online habits, breaches Australia’s privacy laws. The inquiry follows TikTok’s recent fines in Europe and the UK – including a fine of €345m (AU$560m) for breaking the European Union (EU) data laws about children’s accounts.
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Introduction to Trade Marks Trade marks are a valuable business asset and represent the identity of the brand and goods and services supplied by the business. While traditionally signifying a “badge of origin”[i] and indicator of quality, trade marks also act as a powerful marketing tool in promoting product recognition amongst consumers. Trade Mark registration… Read More
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This update provides an overview of the new AANA Children’s Advertising Code (which comes into effect on 1 December, 2023), as well as the AANA Code of Ethics for marketing and advertising and the Broadcasting Services (Australian Content and Children’s Television) Standards 2020 which regulates advertising content directed to children.
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