From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services (Madrid List), replacing the AU Goods and Services Picklist.[1] The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align
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The ‘right to disconnect’ from modern workplaces
The right to disconnect, as contained in part 8 of the Fair Work Amendment (Closing Loopholes No. 2) Bill (Bill), gives employees the right to refuse contact from their employers (or related parties) outside of their working hours, unless the…
Provisional liquidators and shareholder disputes
The appointment of a provisional liquidator may be appropriate in shareholder disputes if there are genuine concerns that there is a risk a company’s assets will be dissipated, there are potential solvency concerns and all other alternatives have been exhausted.…
Top stoic quotes from Justice Lee in Lehrmann v Network Ten
On 15 April 2024 Justice Lee handed down his decision in the case of Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369. This matter has attracted a large amount of media attention and for this reason alone…
Unfair contract terms and the penalty doctrine – ACCC v Employsure Pty Ltd [2020] FCA 1409 (1 October 2020)
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should…
New USPTO guidelines on AI assisted inventions
In response to the Biden administrations Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States…
Federal Court requirements for electronic discovery of documents and metadata
Electronic discovery in the Federal Court of Australia (FCA) is nothing new. From July 2014, the FCA began implementing the Court’s electronic court file (ECF) across its Australian registries. This enabled the Court to embrace the use of technology in…
Asset preservation orders – is there a real risk of dissipation?
An asset preservation order is a class of freezing order made by a Court usually without notice to the respondent or defendant (Exparte) for the purpose of preventing the frustration or inhibition of the Courts processes. The need for an…
False and misleading representations by business – sections 29(1)(a)-(n) of the ACL
Where a business strays beyond mere “sales puffery” in promoting its goods or services and “crosses the line” in to the realm of deception, depending on the nature of the statements sections 29(1)(a)-(n) of Schedule 2 to the Competition and…
Use of the © (copyright) symbol
It is something that is often overlooked however it is considered best practice to add a copyright statement and the little c symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it…