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Blog Archives - Buchanan
The Full Federal Court of Australia provides a welcome reality check to the meaning of an “authorised user” of a trade mark
12 Aug '19

Last year UNIQUE reported on a Federal Court decision having significant ramifications for trade mark owners who structure their IP arrangements by housing their IP assets in a separate entity from their trading entity. Benefits of these structuring arrangements include asset protection (e.g. insulating valuable IP assets from potential disgruntled creditors) and tax (e.g. sharing

Even Hells Angels protect and enforce their IP
08 Aug '19

A recent Australian Federal Court decision involving the Hells Angels Motorcycle Corporation of the United States and its efforts, via its Australian chapter, to enforce its intellectual property rights naturally grabbed my attention. Yes, I can hear you now: What, the Hells Angels is a corporate entity with an IP enforcement policy? Yep, but the

Managing IP in M&A deals
08 Aug '19

In the context of a recent presentation I delivered on IP issues in M&A transactions I had cause to reflect on the disproportionately high value attributed to IP Assets compared to that attributed to physical assets. Put simply, the enterprise value of most enterprises is heavily weighted in favour of their IP Assets. Plant and

A win for the Real Penfolds against Fake Penfolds
07 Aug '19

Encouraging news for Australian brand owners in China. Much has been written about Trade Mark strategies for Australian businesses protecting their brands in China and combatting infringement in that country. This case represents an interesting spin on the enforcement of Australian brands against would-be exporters of counterfeited goods to China. Quite frankly, it’s cause for

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