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Do I need to Trade Mark my App name?

A trade mark is something that identifies your brand and distinguishes it from others.  It also helps you build a reputation and brand identity with customers. If you are planning on creating a memorable and distinctive App, extending your existing brand or making money from your App then, YES, you should definitely consider registering a trade … Read More

Cybersquatting; typosquatting – Facebook’s $2.8 million in damages and domain names

A decision was recently handed down in California awarding Facebook $2.8 million in damages for domain name ‘squatting’. The defendants in the Facebook case were found to have contravened the United States Anticybersquatting Consumer Protection Act (ACPA), the domain names in question attempting to profit from misspelling and/or utilisation of the trade mark either alone … Read More

Australian Law Relating to Communal Indigenous Intellectual Property

Despite the breadth of Australia’s laws protecting intellectual property, there is a major fall short in affording substantial intellectual property rights to cultural groups, communities, traditional/indigenous owners, or manifestations of intellectual property that do not fit within the specified categories. The issue What about painting in dots and spots? What about the bold colours of … Read More

Going on the Offensive to Prepare for New Defence Export Controls

Defence Trade Controls Act 2012 – What should research institutions and high-technology companies be doing? Now is the time to act If the best defence is a good offence, then research institutions and high-technology companies should be auditing their activities and implementing compliance measures now to ensure they don’t run into difficulties with the new export … Read More

Government Model Litigant – Guidelines & Indemnities

Purpose of paper This article explores the circumstances where it is necessary for State and Commonwealth governments to bind third parties, to comply with the Model Litigant Guidelines (‘Guidelines’). Summary of Model Litigant Guidelines The Guidelines exist pursuant to both Commonwealth and Victorian legislation. Their purpose is to ensure that the Commonwealth and State governments … Read More

Show a Little Restraint

Overview A well-drafted restraint of trade (ROT) clause, like a well-constructed gate, can offer valuable protection to your business. A poorly put-together ROT clause is likely to collapse under challenge and will not prevent your employees from setting up in competition. Stress points in restraint of trade ROT clauses are primarily used to stop employees … Read More

Entering into a Head Contract? Tips for Alleviating the Head-Ache of Subcontracting

Overview Head contractors can avoid being painfully squeezed between what their clients want and what their subcontractors will deliver by involving potential sub-contractors early in the head contract negotiation process. What is a head contract? It is quite common for two parties – A and B – to enter into a contract on the understanding or with the expectation … Read More

Section 144 of the National Credit Code – Novated Leases & the PPSA

Summary This paper examines the implications of the National Credit Code (“Code”) for the financing of insurance over property that is the subject of a novated lease. Section 144 of the Code prohibits a credit provider knowingly financing insurance of more than one year’s term over property that is mortgaged to repay that finance. This … Read More

International Research, Defence & National Interest: Getting the Balance Right

Defence Trade Controls Bill 2011 – Further consultation recommended Overview The university and research sectors can breathe an interim sigh of relief as further stakeholder consultation on the Defence Trade Controls Bill 2011 (Cth) (“Bill“) is the key recommendation of a preliminary report presented to the Senate on 15 August 2012 (“Report“) by the Foreign Affairs, Defence … Read More

FAL Lawyers Appointed to Commonwealth Government’s Legal Panel

Effective 1 June 2012, FAL Lawyers has been appointed to the Commonwealth’s whole-of-government Legal Services Multi-Use List (LSMUL). Appointment to the LSMUL means that FAL is pre-qualified to provide legal services to Commonwealth departments, agencies and authorities. These Commonwealth entities are broadly required to use the LSMUL when purchasing Australian legal services. FAL has been … Read More

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