Terminating IP Agreements

Terminating an intellectual property (IP) agreement can be more complex than terminating more common commercial contracts. IP contracts deal with property – intellectual property. Thus the question arises as to what is to happen to that intellectual property upon termination. The agreement itself should provide for this or, if it does not do so explicitly, …
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Designs for Screen Displays

The Australian Designs Act 2003 provides a broad definition of the types of products for which design registration is available.  Nevertheless, one area of uncertainty has been whether electronic display screen images are suitable subject matter for design registration and certification.  Because of this uncertainty, there are numerous registrations on the Australian designs register for …
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Copying or inspiration: what’s the difference?

For designers in a fast moving field such as fashion, there is a fine line between following market trends and infringing a market leader’s copyright. A recent case in the Australian Federal Court demonstrates how easy it is to fall onto the wrong side of the line. The case was Seafolly Pty Ltd v Fewstone …
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