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100 recent changes in NTLawHbk Web retrieved at 20:09 (AEST)

SexualOffences in NTLawHbk
Sexual offences and Sexual offences raise a range of potentially complex issues, including specific evidentiary provisions, procedural rules, sentencing and rep...
OffencesAgainstThePerson in NTLawHbk
Offences against the person and Introduction This chapter deals with common offences to be found in the Criminal Code Act (CCA) and other Acts commonly used to...
BusinessesStructuredForProfit in NTLawHbk
Businesses structured for profit and A person who wants to start their own business has available to them a number of different business structures, ranging fro...
DealingWithMoney in NTLawHbk
Community organisations dealing with money and There are four basic ways for a community organisation with limited funds to improve its financial position. Th...
Superannuation in NTLawHbk
Superannuation , and Superannuation is a long term savings and investment vehicle that provides tax advantaged retirement benefits for members and their dependen...
PublishPluginHistory in NTLawHbk
Publishing Details Publisher: AdminUser Date: 02 Sep 2016 16:26 Dir: /home/www/foswiki/pub/publish/ URL: http://austlii.community/foswiki/pub/publish// Web(s): ...
MakingAClaim in NTLawHbk
Making a claim and As soon as possible following the event giving rise to the claim, policyholders must: * inform the insurer of the incident. Notification m...
Insurance in NTLawHbk
Insurance and Introduction Insurance companies collect premiums from their customers to use to pay those customers who make claims under their insurance polici...
HealthAndCommunityServicesComplaints in NTLawHbk
Health and Community Services Complaints Commission (HCSCC) and The Health and Community Services Complaints Commission (HCSCC) is an independent statutory body...
VeteransEntitlements in NTLawHbk
Veterans' entitlements and The Federal Government has legislative schemes that both provide pensions for, and compensate, eligible defence and ex defence servic...
OptionsForAPersonWithAComplaint in NTLawHbk
Challenging administrative decisions and If an administrative decision is made that you disagree with, there are four main ways that you might be able to challe...
PensionsBenefitsAndAllowances in NTLawHbk
Pensions, benefits allowances and This chapter covers financial assistance payments made to individuals and families by the Federal Government. Payments are m...
InjuriesCausedByAnimals in NTLawHbk
11.5 Injuries and accidents caused by animals and Generally owners are liable for the actions of their animals (including pets) and, in certain cases, can be ch...
AccidentsOnPrivateAndPublicProperty in NTLawHbk
11.4 Accidents on private and public property and Accidents and injuries that happen on private or public property are sometimes caused by the conduct of others...
InjuriesAndDamageCausedByCrime in NTLawHbk
11.3 Injuries and damage caused by crime and Introduction As of 1 May 2007 the Victims of Crime Assistance Act (VCAA) applies to persons who claim compensation...
MotorVehicleAccidents in NTLawHbk
11.2 Motor vehicle accidents and This section is divided into three parts: * what to do after an accident * property damage * motor vehicle injuries. T...
HIVAIDS in NTLawHbk
10.2 HIV/AIDS and Acquired Immune Deficiency Syndrome or AIDS is the name given to the final stage of infection with the Human Immunodeficiency Virus (HIV). HIV...
BuyingOnlineOverTheInternet in NTLawHbk
7.6 Buying online over the internet and Online shopping can increase choice and lower costs for consumers. This chapter outlines consumer rights for online shop...
BuyingAMotorVehicle in NTLawHbk
Buying a motor vehicle and Buying a motor vehicle is a big step and it can be tricky, especially if you're buying a used or second hand vehicle. There are pitfa...
LossInjuryCausedByDefectiveProducts in NTLawHbk
7.2 Loss injury caused by defective products and This section deals with the laws relating to compensation claims for personal injury and injury to property c...
Building in NTLawHbk
5.6 Building and Legislative scheme In the NT, building work is regulated primarily by the following Acts: * Architects Act 1963 (NT) * Building Act 1993...
Parking in NTLawHbk
Parking and Parking Infringements Council Officers are authorised under the Local Government Act 2008 (NT) to enforce legislation that covers areas for which L...
DogsAndOtherAnimals in NTLawHbk
Dogs and other animals and In the NT a number of different sources of law affect dogs and other domestic animals. Some laws are found in NT legislation; some lo...
AgedCare in NTLawHbk
Aged care and Where to find information Comprehensive advice is available from the Commonwealth Government's online site: myagedcare. Go to http://www.myagedca...
Paternity in NTLawHbk
Paternity and PATERNITY TESTING Paternity of a child may be an issue in child support matters, family law matters and matters relating to wills and estates. Th...
RepresentingYourself in NTLawHbk
Representing yourself This section provides some basic information and advice for people who have to attend a court or tribunal or intend to go to court as one of...
LegalDocuments in NTLawHbk
Legal documents This chapter describes some of the documents commonly regarded as legal documents. Many others are not covered by this chapter, though some are de...
JuryService in NTLawHbk
Jury service and The Australian justice system works on the principle that people charged with certain crimes should be tried and judged by their peers. For thi...
DealingwiththeDepartmentofImmigrationandBorderProtection in NTLawHbk
Dealing with the DIBP , and Record keeping and timeframes Whenever you make contact with DIBP you should keep a note of the time and the name of the officer wi...
AttributionForm in NTLawHbk
Attribution Form This is a maintenance topic, used by the Wiki administrator. Name Type Size Values Tooltip message Attributes AustLII _Cont...
TrademarksDesignsAndPatentsCopy in NTLawHbk
Trade marks, designs and patents Abbreviations used in this chapter : ACC: Australian Copyright Council : AMCOS: Australasian Mechanical Copyright Owner's S...
FurtherInformation in NTLawHbk
Main.MichaelXia 11 Sep 2015
WebRss in NTLawHbk
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Websitedesign in NTLawHbk
Main.JonathanMo 14 Sep 2015 Website design The design and/or layout of a website can be protected by copyright. This is quite separate from copyright ownership o...
Wellknowntmcertdefcollectivetm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Well known marks certification, defensive and collective marks Apart from the general procedure for registration of a trade mark, t...
Whatconstitutesinfringementcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 What Constitutes an Infringement of Copyright? In simple terms, the copyright in a literary, dramatic, musical or artistic work or re...
Whatdoescopyrightprotect in NTLawHbk
Main.JonathanMo 14 Sep 2015 What does Copyright Protect? Copyright gives authors and creators legal protection for the following types of work: * literary wor...
Whatiscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is copyright? Copyright is a form of intellectual property which, as the name suggests, is an intangible form of personal proper...
Whatispatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a patent? A patent is a legal document that gives an inventor exclusive right to exploit their invention for a specified peri...
Whattrademarktradesign in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a trade mark/trade sign? The TMA defines a trade mark as: a sign used, or intended to be used, to distinguish goods or servic...
Whendoescopyrightapply in NTLawHbk
Main.JonathanMo 14 Sep 2015 When Does Copyright Apply? There are three basic principles or 'characteristics' that need to be grasped in respect of copyright and ...
Whocanregistertm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who can register a trade mark? A person may apply for the registration of a trade mark in respect of goods and/or services if the per...
Whoownscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Who Owns the Copyright? The basic rule is that the author or creator is the first owner of copyright CA s.35(2) . But copyright owne...
Whyhaveiplaws in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have intellectual property laws? Intellectual property rights involve striking a balance between the interests of the origi...
Whypatent in NTLawHbk
Main.JonathanMo 14 Sep 2015 Why do we have patent protection? As with the other main areas of intellectual property, Australia's patent protection framework esse...
Rightsmanagementinformation in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights management information Amendments to the CA in 2000 introduced sanctions against tampering with electronic rights management i...
Scandalouscontrarytolaw in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scandalous or contrary to law Under section 42 of the TMA: An application for the registration of a trade mark must be rejected if: ...
Scanninguploadingdownloadingimages in NTLawHbk
Main.JonathanMo 14 Sep 2015 Scanning, uploading and downloading images Scanning an image to produce a digitised version involves making a reproduction of the ima...
Spaceshiftingofrecordedmusic in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Space shifting' of recorded music A person who owns a copy of a sound recording, such as a CD, is now allowed to make a copy of that...
Subjectmatterotherthan in NTLawHbk
Main.JonathanMo 14 Sep 2015 Subject matter other than literary and artistic works (CA Part IV) Part IV of the CA introduces new subject matter for copyright prot...
Substantiallyidenticaldeceptivelysimilar in NTLawHbk
Main.JonathanMo 14 Sep 2015 Substantially identical or deceptively similar to another trade mark Under section 44 of the TMA, an application must be rejected if ...
TechnologicalProtectionMeasures in NTLawHbk
Main.JonathanMo 14 Sep 2015 Technological Protection Measures (TPMs) Criminal penalties and civil remedies exist for making, importing and commercially dealing i...
Theinternet in NTLawHbk
Main.JonathanMo 14 Sep 2015 The internet The internet is a network of computers. No one owns it and it has no central location or administration. For most users ...
TimeshiftingrecordingTVradioforlaterprivateuse in NTLawHbk
Main.JonathanMo 14 Sep 2015 Time shifting: recording from TV and radio for later private use It is permissible to record a television or radio program to watch o...
Tmgeoindic in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade marks and geographical indications (GIs) TRIPS obligations In accordance with the requirements of the TRIPS Agreement, WTO mem...
Tminfringementsoffences in NTLawHbk
Main.JonathanMo 14 Sep 2015 Trade mark infringements and offences Infringements Section 120(1) of the TMA provides a simple definition of an infringement, namel...
TradeMarksDesignsAndPatents in NTLawHbk
24.2 Trade marks, designs and patents Trade Marks General The purpose of trade mark law is slightly different to that of the other intellectual property protect...
Usedorintendedtobeused in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Used or intended to be used' Under section17 of the TMA, the sign must be 'used or intended to be used' in the trade. Registering a ...
Usefulorganisations in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations A number of organisations either collect copyright fees, or deal extensively in copyright issues, including assi...
Usefulorgpatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Useful organisations IP Australia IP Australia is the Australian Government agency responsible for the administration of patents, tr...
WebAtom in NTLawHbk
AustLII Communities's NTLawHbk web
WebLeftBar in NTLawHbk
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Ordersdeliverup in NTLawHbk
Main.JonathanMo 14 Sep 2015 Orders to deliver up Courts with equitable jurisdiction have an inherent power to order a defendant to deliver up articles made in co...
Otherqualificationsforcopyrightprotect in NTLawHbk
Main.JonathanMo 14 Sep 2015 Other qualification for copyright protection The CA requires two criteria or 'points of attachment' that must be satisfied for a work...
Parallelimportation in NTLawHbk
Main.JonathanMo 14 Sep 2015 Parallel importation Importing copyright material for commercial purposes or dealing with such material without the approval of the c...
Performersperformances in NTLawHbk
Main.JonathanMo 14 Sep 2015 Performers/performances Prior to amendments to the CA in 2004, performers gained virtually no protection for their live performances,...
Preservationmoralrights in NTLawHbk
Main.JonathanMo 14 Sep 2015 Preservation of moral rights However, it should be noted that, irrespective of the nature of the licensing or assignment agreement, t...
Proscribedmarks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Proscribed marks Regulations made under section 18 of the TMA may specify that certain signs are not to be used as trade marks. TMA S...
Protectionforcomputersoftware in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection for computer software Computer programs ordinarily receive copyright protection as 'literary works'. A basic problem for p...
Protectionmechanisms in NTLawHbk
Main.JonathanMo 14 Sep 2015 Protection mechanisms A person putting material on their site that they wish to protect that is, prevent others from copying shou...
Reqforregist in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registrability A design has to meet a number of key requirements before it can be registered and legally protected i...
Requirementsregistration in NTLawHbk
Main.JonathanMo 14 Sep 2015 Requirements for registration A mark must be 'distinctive' within the terms of section 41 of the TMA, that is, it must be capable of ...
Restrictionsonexercisingrightsdefencesfairdealing in NTLawHbk
Main.JonathanMo 14 Sep 2015 Restrictions on the Exercise of Rights: Defences and Fair Dealing There are a number of provisions allowing the free or paid use of c...
Rightsbyregistration in NTLawHbk
Main.JonathanMo 14 Sep 2015 Rights given by registration Under section 20 of the TMA: : If a trade mark is registered, the registered owner of the trade mark ha...
Howlongcopyrightlast in NTLawHbk
Main.JonathanMo 14 Sep 2015 How Long Does Copyright Protection Last? Prior to the 2004 US Australia Free Trade Agreement (FTA), the general term of copyright pro...
Incapableofdistinguishment in NTLawHbk
Main.JonathanMo 14 Sep 2015 Incapable of distinguishment Incapacity to distinguish constitutes grounds for both rejection of, and opposition to, an application t...
Indirectinfringementcopyrightknowing in NTLawHbk
Main.JonathanMo 14 Sep 2015 Indirect infringement of copyright 'knowing or having reason to know' Indirect infringement means dealing with unauthorised reprodu...
Infringementsoffences in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringements and offences The DA provides that a primary infringement occurs if a person, without authority, makes or offers to make...
Infringementspatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement The PA does not provide any definition of direct infringement, although three forms are suggested: * exploiting the i...
Infringementsubstantialpartrequirement in NTLawHbk
Main.JonathanMo 14 Sep 2015 Infringement: the 'substantial part' requirement Under section 14(1) of the CA, the infringing act must be done in relation to a 'sub...
Injunctioncopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Injunction This equitable remedy usually requires the defendant to refrain from a particular course of conduct; rarely, it may requir...
IntroPatents in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Patents, like other intellectual property rights, are a product of the 'balance' between competing interests. From the t...
Introduction in NTLawHbk
Main.JonathanMo 14 Sep 2015 Introduction Industrial design involves the design of three dimensional products which may range from consumer goods to technological...
Inventwhichnotpatentable in NTLawHbk
Main.JonathanMo 14 Sep 2015 Inventions which are not patentable The 'human being' exception Human beings, and the biological processes for their generation, are...
Jointownership in NTLawHbk
Main.JonathanMo 14 Sep 2015 Joint ownership Copyright in a work can be held jointly where the individual contributions of each creator cannot be distinguished. A...
Journalistscopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Journalist's copyright Section 35(4) of the CA provides for a division of ownership of copyright between the journalist authors of wo...
Licensingofcopyright in NTLawHbk
Main.JonathanMo 14 Sep 2015 Licensing of copyright In contrast to assignment, a licence arrangement may involve nothing more than a bare permission to do an act ...
Likelydeceiveorconfusiontm in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks likely to deceive or cause confusion Section 43 of the TMA requires that an application for the registration of a trade mark in...
Linkinganotherwebsite in NTLawHbk
Main.JonathanMo 14 Sep 2015 Linking to another website Before linking to or framing a third party website, a person should review it for any prohibition on linki...
Literarydramaticmusicalartisticworks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Literary, dramatic, musical and artistic works (CA Part III protected) The CA Part III works include the following: * literary wor...
Marevainjunction in NTLawHbk
Main.JonathanMo 14 Sep 2015 Mareva injunction This is another ex parte order which restrains the defendant from disposing of or removing from the jurisdiction as...
Marksunablegraphicallyrepresented in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks unable to be graphically represented Examples of these types of marks would include marks which are reliant upon sounds or smel...
Moralrights in NTLawHbk
Main.JonathanMo 14 Sep 2015 Moral rights Moral rights are rights which an author or artist retains even after the right to exploit the copyright in the work has ...
Descriptivemarks in NTLawHbk
Main.JonathanMo 14 Sep 2015 Descriptive marks One significant ground for seeking removal of protection from a registered mark (that is, removing it from the regi...
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