IP Legal

Having helped commercialise the outcomes of research in Australia for the last twenty years, I find it opportune to reflect on the current lack of certainty regarding R&D funding that is so fundamental to the ongoing economic success and health of our nation. R&D investment, and the structures that underpin them, must be addressed as … Read more

Businesses should check to ensure that they have the right tools in place to capture valuable intellectual property (IP) benefits created by their employees and in collaborations with third parties. Following are the key guiding principles and some tips to consider: Dealing with Employees Guiding Principle: You automatically own any IP your employees create “in … Read more

Despite the breadth of Australia’s laws protecting intellectual property, there is a major fall short in affording substantial intellectual property rights to cultural groups, communities, traditional/indigenous owners, or manifestations of intellectual property that do not fit within the specified categories. The issue What about painting in dots and spots? What about the bold colours of … Read more

Overview A well-drafted restraint of trade (ROT) clause, like a well-constructed gate, can offer valuable protection to your business. A poorly put-together ROT clause is likely to collapse under challenge and will not prevent your employees from setting up in competition. Stress points in restraint of trade ROT clauses are primarily used to stop employees … Read more

Defence Trade Controls Bill 2011 – Further consultation recommended Overview The university and research sectors can breathe an interim sigh of relief as further stakeholder consultation on the Defence Trade Controls Bill 2011 (Cth) (“Bill“) is the key recommendation of a preliminary report presented to the Senate on 15 August 2012 (“Report“) by the Foreign Affairs, Defence … Read more

The decision of the Full Federal Court in University of Western Australia v Gray sent ripples (if not shockwaves) through academia and its research partners (see our earlier article here). A little over two years on, the Gray decision has often been cited but has infrequently been subject to further consideration. Although of limited value as an authority … Read more