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Blog Archives - Page 2 of 6 - Buchanan
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

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