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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In this article Stephens Lawyers & Consultants considers how the increasing use of AI technology or systems in the inventive or creative process to generate inventions and literary, artistic, musical and dramatic works is challenging Australia’s existing IP laws, and offers policy and practical considerations for Intellectual property protection of AI or computer generated works.
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Knowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
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Businesses using AI computer systems or technology to generate literary or artistic works such as reports, directories or other compilations, databases, computer software, digital images, designs or plans, are at risk of not having copyright protection. Copyright material is a valuable asset of a business. However, businesses may not be able claim and enforce copyright protection in such material where human authorship of that material cannot be established, particularly if it has been generated using AI technology.
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