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Unfair contract terms: a year in review

Background The Australian Consumer Law (ACL) and the Australian Securities and Investments Commission (ASIC) provides protections to consumers and small businesses against unfair contract terms (UCT Regime). The UCT Regime first ...

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The legal route to the checkered flag

In the high-speed, high-stakes world of motorsport, drivers often focus on their physical and mental preparation, as well as their performance on the track. However, one critical element that may be overlooked is the importance of ...

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Navigating trade mark examination in Australia: a step-by-step guide

Registering a trade mark is a vital step for protecting your brand. However, the examination process can be daunting and there are often several hoops applicants have to jump through before a trade mark is ultimately ...

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Shape trade marks. Part 3: Double strength dispute

Double strength dispute In part 3 of this series, we explore a recent shape trade mark dispute that has been brewing in the Federal Court. In November 2024, the Federal Court of Australia ruled on a trade mark dispute between 2 ...

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Shape trade marks. Part 2: Changing the silhouette of shape trade marks in Australia

1. What is a shape trade mark? In part 1 of this series, we discussed the opportunity for perfume companies to protect their uniquely designed products, including their perfume bottles. In this part 2, we will look more specifically ...

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Shape trade marks. Part 1: A scentsational development

A scentsational development In the past, it has been challenging to register shapes as trademarks if they were ‘functional’ or looked like commonly used designs. However, some recent cases have shown that a product's appearance ...

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Cyber Security Act: Key business considerations

Part 1: Mandated security standards for smart devices The new Cyber Security Bill is before parliament and may soon be upon us. If passed, it will introduce: mandated security standards for smart devices; mandatory ...

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7 reasons why every brand needs to register its trade marks

In the competitive world of fashion, beauty and lifestyle, distinguishing your brand is crucial. One of the most effective ways to protect your unique identity is through trade mark registration. Here are 7 compelling reasons to ...

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Privacy concerns: digital marketing by online therapy platforms

Online therapy platforms are widely accessible today. They are appealing for their convenience and in enabling access to counselling from the comfort of one’s home. An online therapy platform’s data is an important asset and ...

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Trade mark trends in Australia

IP Australia recently released its Australian IP Report for 2024, which covers various trends and statistics regarding registered intellectual property rights in Australia for the previous year. According to the report, Australia ...

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