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Blog Archives - Buchanan
JUST (DON’T) DO IT: Nike’s €12.5m fine a timely reminder for Australian businesses
29 Apr '19

In our last edition of Unique, we discussed the repeal of an important intellectual property exemption from the Competition and Consumer Act 2010 (Cth) (CCA). You can read our article here. The European Commission recently fined Nike €12.5 million for the inclusion of anti-competitive provisions in its trade mark licence agreements with third party manufacturers

Important note to Trade Mark owners: hurry up and use it, (quickly), or lose it!

Experienced Trade Mark owners and practitioners will be well aware of the need to use a trade mark, as registered. Otherwise, registered trade marks can become vulnerable for cancellation on grounds of non-use.   A recent change to the Trade Marks Act 1995 (Cth) (the Act) has reduced the time period before which a registered

Repeal of IP exemption under competition laws
27 Mar '19

An important intellectual property exemption has been removed from the Competition and Consumer Act 2010 (Cth) (CCA). The change, which will come into effect later this year, is a catalyst for businesses to urgently review existing IP related contracts to ensure their ongoing compliance with the competition provisions in the CCA. Operation and repeal of

Is your claim of trade mark infringement justified? If not, you could now be liable for additional damages
27 Mar '19

Trade Mark owners must take care before making allegations of infringement or otherwise threatening legal proceedings against a competitor’s use of a trade mark. The Trade Marks Act 1995 (Cth) (the Act) has always included a prohibition against the making of unjustified threats of infringement proceedings. However, the issue has now become a little more

Thinking about selling or purchasing a business? Differences between a sale of shares vs a sale of assets

When considering a transaction for the sale and purchase of a business (whether you are the seller or the buyer), it is essential to think about how to structure the sale to meet your needs. In this article we briefly discuss the differences between a sale of shares vs a sale of assets, while outlining