Do you need to comply with Europe’s General Data Protection Regulation?
On 25 May 2018 the new European Union General Protection Regulation (the GDPR) came into force. The GDPR regulates the handling of personal data by “controllers” and “processors”, irrespective of whether the controller or processor was established in the EU. Australian businesses, individuals, public authorities, [...]
Protection of your Trade Mark internationally under the Madrid Protocol
One of the ways in which trade mark owners in Australia may apply for registration of their trade mark internationally is via a treaty known as the Madrid Protocol. A person who has registered or applied for a trade mark in a country party to the [...]
Protecting your Brand at the Border
As an intellectual property rights owner of, it is important that you are vigilant about protecting your intellectual property from infringement and maintaining the reputation and value of your brand and/or products. Counterfeit products which are imported in Australia can impact on and undermine the growth [...]
Are you ready for the new Privacy Mandatory Data Breach Notification Regime?
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (Act) amends the Privacy Act 1988 (Cth) (Privacy Act) to introduce mandatory data breach notification provisions for organisations, agencies and certain other entities that are regulated by the Privacy Act (entities).[1] “Mandatory data breach notification” commonly [...]
Family business succession planning
Operating a business presents numerous challenges, whether this be at the inception of the business, during its regular lifecycle, or upon winding down or ownership transition. One of the many important considerations for a business owner is planning for the long-term future of the business [...]
Selling a Business and the Transfer of Employee Entitlements
The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser. This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases. In addition to this, there may also be [...]
When is unauthorised use of a trade mark not an infringement of the trade mark owner’s rights?
The owner of a registered trade mark has an exclusive right to use that trademark. But what happens when you use a trade mark without the permission of the trade mark owner? The Trade Marks Act provides protection to users of a trade mark in [...]