Maintaining and protecting a business’s trade marks, brand names, designs, patents and copyright material are critical for maximizing the value of the intellectual property and resulting revenue. This update provides an overview of some of the strategies that businesses can consider implementing for the maintenance and protection of their intellectual property rights in the on-line digital market environment and generally.
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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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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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