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Insights

A look at IP Australia’s Indigenous Knowledge Project

IP Australia (i.e. Australia’s Patent, Designs, Trade Marks and PBR Office) recently released further details of its upcoming Indigenous Knowledge Project, including a Work Plan for 2020-2021. The Work Plan outlines several proposed initiatives for greater protection of indigenous knowledge and indigenous cultural expressions. Perhaps most immediately, IP Australia has forecast upcoming consultations on proposed … Read More

How to Register a Charity

Making the world a better place often begins with a small idea. But this idea must be turned into a reality before it can affect the real world. Turning an idea into a reality requires organising, planning, and some legal expertise. The following article will outline the steps you should consider to help you turn … Read More

Contract is King – Where the intentions of the parties are overruled by the terms of the contract

Upon general contract principles, the express terms and construction of a contract that has already been signed may be amended where it can clearly be shown that the contract was drafted or entered into incorrectly on the basis that some of the terms of the contract are inconsistent with the actual intentions of the parties. … Read More

Tech Startups: A Step-by-step Guide

The tech startups idea You’ve got to have one of these. We can’t give advice about how to get one; this you will have to do on your own. But once you have one, we can help you from there. The tech startups business plan Now you need to turn your idea into a viable … Read More

Have you been unsuccessful in your charity registration application? FAL can help!

We are often called in to “rescue” charity applications which have either been unsuccessful or which look like they will be refused. Here we discuss what we routinely see going wrong in applications prepared by others, and our approach to addressing and resolving these issues. If you or your organisation is in the process of … Read More

Does your business need a privacy policy?

Australian businesses should take their privacy law obligations seriously. Consumers value their privacy, and legislation clearly reflects this. Given the rapidly changing regulatory environment, it is important that Australian businesses begin updating their data collection and security processes in advance. Privacy law in Australia The Privacy Act 1988 (Cth) (Privacy Act) governs the way in … Read More

Cladding Safety Victoria: Not a Cladding Cure-All

Executive Summary Apartment buildings must satisfy four key criteria in order to be eligible for CSV cladding rectification funding. Legal costs incurred will not be reimbursed or funded by the CSV, other than those necessary for the BAB process. Given the substantial amount of cladding issues in Victoria, it is unlikely that CSV will be … Read More

Not lovin’ it: McDonald’s sues Hungry Jack’s over ‘Big Jack’ trade mark

On 28 August, global fast food giant McDonald’s Asia Pacific LLC (McDonald’s) launched Federal Court proceedings against long-time rival Hungry Jack’s Pty Ltd (Hungry Jack’s), alleging Hungry Jack’s has infringed its famous “Big Mac” trade mark with its lookalike burger, “Big Jack”. Since 1973, McDonald’s has sold its “Big Mac” burgers across Australia and has … Read More

Smart Trade Mark: A New Era in Consumer Confidence?

As online retail becomes more and more prevalent, the costs to Australian businesses due to counterfeit products are increasing. It is therefore vital that consumers can identify genuine retailers from counterfeiters. IP Australia has introduced and is currently testing a new pilot program entitled Smart Trade Mark™ to assist consumers in verifying the genuine use … Read More

The absence of the Aboriginal Flag from the AFL’s Indigenous Round highlights Clothing The Gap’s continuing fight to #FreeTheFlag

Last weekend, the Aboriginal Flag was absent from the AFL’s Indigenous Round for the first time in fourteen years. The Indigenous Round highlighted that the Australian Aboriginal Flag is still marred in copyright and licensing controversies. While many Aboriginal persons, Aboriginal-owned businesses, organisations acknowledging and supporting Aboriginal culture and history, as well as many members … Read More

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