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The Personal Property Securities Act – ASIC Migrated Charges

Since the Personal Property Securities Act (PPSA) became operational at the end of January, 2012, there have been a number of issues that have arisen in relation to this important new legalisation. Understandably with any new system, accessibility and performance may be a challenge. The issue of ASIC migrated charges (now known as security interests … Read More

High Court of Australia and the James Hardie Case: Important Implications for Company Directors

The High Court of Australia (HCA) has upheld a guilty verdict against the Directors of James Hardie (JH). The judgment has a number of very important implications for company directors because, in the view of their Honours, it “raises issues of considerable public importance”. If you are a company director or an advisor to a … Read More

Rights to an Employee’s Invention – UWA v Gray two years on

The decision of the Full Federal Court in University of Western Australia v Gray sent ripples (if not shockwaves) through academia and its research partners (see our earlier article here). A little over two years on, the Gray decision has often been cited but has infrequently been subject to further consideration. Although of limited value as an … Read More

Maximise protection of your business via Trade Mark Registration

While most companies know that they need to register their company name, not all company, business name or domain name – owners are aware that the best protection of their rights is through a trade mark registration. Company names, business names and domain names do not give proprietary rights as such, although they do provide … Read More

Three FAL lawyers named as world leaders in patent and technology law by IAM Licensing

Intellectual Asset Management (IAM) Licensing has again named and recommended three FAL Lawyers in its list of the World’s 250 Leading Patent and Technology Licensing Lawyers: Peter Francis, Jenni Lightowlers and Jason Watson. According to IAM, “Only those practitioners generating a high degree of positive feedback, as well as a demonstrable record of top-drawer work and a … Read More

You may not have the IP Rights you think you have!

The decision of Justice French of the Federal Court in University of Western Australia v Gray (No 20) [2008] FCA 498 should prompt industry partners to review the strategies they use to secure intellectual property (IP) rights in collaborations with universities and other research entities. Although the decision ultimately was based on specific circumstances, it is significant … Read More

Impact of Moral Rights on R&D

Synopsis This article examines the ways in which moral rights can significantly impact on research projects, and the practical steps that should be taken to deal with them. Pitfalls of moral rights in research projects Moral rights in Australia are rights related to copyright material that became recognised under the Copyright Act. There are three … Read More

Cooperative Research Centres (CRC)

CRC History & Legal Overview CRC Conference – Alice Springs 2010 Observations made over 20 years working with CRCs on processes and structures that deliver efficiencies in formation, governance, operation and wind up. Introduction The CRC movement is of sufficient operational and legal age now that not only does it make sense to look back … Read More

Trade Marks in Australia

What is a trade mark? A trade mark is a sign used to distinguish the goods or services of one manufacturer or seller from those not produced by that manufacturer or seller. The application of a trade mark to goods or services adds to their value. A trade mark can be in the form of … Read More

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