Publications

Publications

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Intellectual Property

  1. 6 Dec 16 Protecting 'Made in Australia' - changes to food label requirements On 1 July 2016, changes to the label requirements of Australian food were made under section 134 of the Australian Consumer Law, which introduced the Country of Origin Food Labelling Information Standard 2016. Businesses have two years to comply with the new labelling Standard before the changes become mandatory on 1 July 2018.
  2. 6 Sep 16 Lower costs for brand protection in Australia - IP Australia fee changes IP Australia has announced changes to the official fees for trade mark applications and renewals in Australia, to take effect from 10 October 2016. Changes to Madrid Protocol applications designating Australia are scheduled to take effect from 28 October 2016.
  3. 26 Jul 16 Don't get scammed! Are you in the process of having a trade mark registered? Do you have any registered trade marks or domain names? If yes, you should carefully check any mail or email you receive regarding your trade marks and domain names to avoid being scammed.
  4. 24 Mar 16 Backing Australian FinTech The Turnbull Government has released a statement on its future strategies and priorities, which the start-up industry believes could see Australia become the FinTech Hub of Asia within years.
  5. 29 Jul 14 OPSM parent company loses $33.5 million contract for sending ADF medical records overseas The parent company of OPSM, Luxottica Retail Australia has lost a $33.5 million contract with the Australian Defence Force by sending ADF medical records overseas.
  6. 5 May 14 Seafolly successfully protects swimwear fabric designs Fabric designs for swimwear have gone under scrutiny in the Federal Court of Australia in a recent decision involving City Beach and Seafolly.
  7. 18 Feb 14 Imminent changes to the Privacy Act - Why you need to act now Many companies don’t give a lot of attention to privacy and data protection law. It is, after all, typically associated with a handful of data-intensive consumer businesses like telecommunications, banking and retail that have extensive loyalty programs and hold large amounts of consumer information.
  8. 26 Nov 13 Iconic Gucci logo is removed for non-use The importance of continuing to use a trade mark as registered has been highlighted in a recent United Kingdom trade mark decision. Failure to use a trade mark in accordance with its registration can ultimately result in removal of the trade mark for non-use.
  9. 23 Jul 13 Freelancing with risk Online freelance websites that specialise in acting as an intermediary between clients and designers, provide a cost effective way to create logos and websites among other things. However the risks they pose to business are often misunderstood or simply ignored.
  10. 15 Mar 13 Trade mark oppositions - lifting the bar The Australian trade mark opposition procedure will undergo various changes from 15 April 2013 as part of the ‘Raising the Bar Reforms’ set out in The Intellectual Property Laws Amendment Act 2012 (Cth). This edition focuses on changes aimed at reducing delays in trade mark oppositions and streamlining processes.
  11. 15 Feb 13 Patenting human genetic material - promoting or deterring innovation? A landmark Federal Court decision has upheld the validity of the ‘breast cancer gene’ patent. Concerns have been raised about the implications of a precedent being created allowing for human genetic material and genetic sequences to qualify for patent protection, suggesting that this could potentially lead to higher prices being payable for these diagnostic genetic tests, which would therefore restrict patient access to these procedures.
  12. 8 Feb 13 Get in quick - the battle to secure trade marks in China Issues have arisen from China’s first-to-file trademark system where ‘trademark squatting’ has become commonplace. Individuals and companies in China have registered trademarks, preventing legitimate owners from doing so. McCullough Robertson Partner, Malcolm McBratney looks at what Australian companies can to do protect their trade mark before entering the Chinese market.
  13. 3 Dec 12 Apple fails in iFone v iPhone battle of the trade marks Apple Inc has failed again to stop the use of the name ‘iFone’ by a telecommunications business in Mexico. McCullough Robertson, Intellectual Property specialists explain the details of this case and discuss why it is important to have the appropriate trade mark clearance searches conducted prior to using a new brand.
  14. 26 Sep 12 Have you updated your warranty terms? Less than one week to go! The transitional period for businesses to bring their warranties into line with the new requirements of the Australian Consumer Law (ACL) ends on 30 September 2012. If you offer a warranty against defects for your products and have not yet checked if it complies, there is only one week left.
  15. 2 Jul 12 iPad App for fast IP 'due diligence' Businesses now have the opportunity to review their intellectual property (IP) protection on the go, with McCullough Robertson’s launch of an interactive legal IP application for the iPad. Available free of charge from the Apple App StoreSM, the 'McCullough Robertson IP Health Check' App has been specifically developed for businesses, providing a quick and easy check-up on their valuable IP.
  16. 27 Oct 11 Transferring of domain names made easier Domain names are fast becoming as important to a business as its name or trade mark. A recent change now makes the transfer of these domain names easier. Senior Associate Belinda Breakspear outlines this change and what it means for businesses seeking to transfer or register a domain name.
  17. 30 Sep 11 Is your trade mark registration at risk? The importance of correctly documenting the assignment or use of a trade mark by an entity other than the registered owner has been highlighted in a recent Australian trade mark opposition decision. Failure to document the assignment or authorised use of a trade mark can ultimately result in removal of the trade mark for non-use.
  18. 30 Mar 11 What connotations does your trade mark have? A recent Australian trade mark decision highlights the importance of considering whether a trade mark contains elements (such as words or colours) that are likely to deceive or cause confusion. Lessons learned and how to avoid opposition to your proposed trade mark.

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The Handshake

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