Our legal experts will keep you up to date on all relevant and current developments.

In case of emergency…exploit rights? A summary of the Crown’s power to exercise intellectual property rights in an emergency
Monday 22 June 2020 / by Daniel Jepson posted in Intellectual Property Protection

Key takeaways:

  • Recent changes to the Patents Act 1990 (Cth) and the Designs Act 2003 (Cth) give Commonwealth, state and territory governments the power to exploit patent and design rights in an emergency.
  • These Acts also permit the Commonwealth, state and territory governments to exploit rights outside an emergency, though the process is more onerous.
  • The Copyright Act 1968 (Cth) permits Commonwealth and state governments to use private works with immunity, in an emergency or otherwise.
  • While "the Crown" is referenced within each Act, the power is generally available to the Commonwealth, state and territory governments and anyone they authorise.
  • All three Acts provide for some form of compensation, though in some circumstances it may be impossible to reach a firm conclusion on what is fair and reasonable.

Top Five Factors to Consider Before Applying for a Trade Mark
Wednesday 6 November 2019 / by Daniel Jepson posted in Intellectual Property Protection Trade Marks

As most people would likely be aware (and as Holman Webb has previously stated), trade marks are vital business assets - with dozens of trade mark applications being filed every day in Australia. With this in mind, if your application is not up to scratch, significant issues can arise down the track which may prove to be unresolvable.

Corporate Groups and the ‘Authorised Use’ of Trade Marks

It has become increasingly common for corporate groups to hold their trade marks and other intellectual property within a dedicated, non-trading entity.

GDPR One Year On - What Australian Firms Can Learn

Holman Webb Partner, Tal Williams speaks with Lawyers Weekly in this podcast about GDPR one year on, and what Australian firms can learn from the issues experienced by overseas businesses.

Cyber Squatting – How to Challenge Someone Using Your Name as a Domain Name

There are over 330 million registered domains on the internet, and over 20 million new ones are registered every year. This can lead to some intense competition for some of the most recognisable words.

Trade Mark Licensing: Common Questions and Mistakes

Trade marks are core assets of many businesses, but in our experience they are often overlooked. A few recent cases have highlighted just how important it is to make sure your trade mark arrangements are in place and effective. Registering a trade mark is not the end of the process; there have been many cases of businesses ‘setting and forgetting’ their marks only to have their registrations challenged.

We’re Not Gonna Take [copyright infringement] Anymore

Anyone watching television over the Summer will have seen advertisements for the United Australia Party, led by Clive Palmer. In one version, a song is played with the lyrics ‘Australia ain't gonna cop it, no Australia's not gonna cop it, Aussies not gonna cop it any more.

On the 25th May 2018 the EU introduced a unified regulation to deal with the protection of data. This regulation is known as the General Data Protection Regulation (“GDPR”).

Online copyright infringement has been a problem for content owners since the inception of the internet. The unauthorised downloading (and uploading) of copyright material is especially prevalent in Australia, where a 2015 survey estimated that Australians download movies, songs and television programs in the hundreds of millions each year. While content owners have been criticised by some for not making content available in Australia (or making it available at a comparatively inflated price), the unauthorised downloading of copyright material is a clear infringement of content owners’ rights.  

We all know someone who is addicted to Crossfit. Not surprisingly, with its rise in popularity those behind Crossfit have taken steps to protect the brand. This includes the registration of ‘CROSSFIT’ as a trade mark all over the world. In Australia, the word ‘CROSSFIT’ has three separate registrations in a number of different classes.

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