The 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 reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
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The 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 reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More
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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… Read More
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Copyright in Photographs – Perils of online copying – October 2014 By Katarina Klaric, Principal, Stephens Lawyers & Consultants There is a common misconception by internet users that photographic images found on the internet, websites and social media sites such as Facebook, Twitter and Instagram can be freely copied and used for commercial purposes without the… Read More
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Corby v Allen & Unwin Pty Ltd [2013] FCA 370 The Federal Court case of Corby v Allen & Unwin Pty Ltd (“Corby case”) illustrates the risks associated with not taking adequate steps to ascertain the copyright ownership in photographs and not obtaining permission or licences from the copyright owner. The Corby case involved a… Read More
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