200 recent changes in NTLawHbk Web retrieved at 01:01 (AEST)
Design
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What is a design? Section 5 of the DA defines a design as follows: : in relation to a product, means the overall appearance of the...
Designexcludedregis
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What exclusive rights does a registered design owner have? The design owner has a number of exclusive rights in applying the design t...
Designsexcludedregistration
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Designs excluded from registration Under the old Act, certain designs of a primarily literary or artistic character were excluded fro...
Diffareapatent
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Difficult areas for patentability Schemes, methods and systems A mere improved method of doing something will not, by itself, be a '...
Difficultunregisterabletm
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Marks which cannot be registered or are difficult to register The TMA provides a number of grounds on which registration of a mark ma...
Difftypesofappandpatents
in NTLawHbk
Main.JonathanMo 14 Sep 2015 The different types of applications and patents Provisional application The first step in filing a patent application in Australia i...
Distinguishgoodsservices
in NTLawHbk
Main.JonathanMo 14 Sep 2015 'To distinguish goods or services' A mark must be used 'in relation to goods or services'. This means that 'marks have no life of the...
Dualprotectoverlap
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Dual protection: the copyright/designs overlap The question of dual protection arises particularly in relation to 'artistic works' un...
Durationofprotection
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Duration of protection Under section 72(3) of the TMA: : Unless it is earlier cancelled, or the trade mark is earlier removed from...
Economicorcommercialrights
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Economic or commercial rights These are the main type of rights, and the ones which are more commonly infringed upon. In respect of e...
Employeeauthors
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Employee authors The normal rule expressed in section 35(6) of the CA is that the copyright in works created by employee authors in t...
Exclusiverightsaregistereddesignowner
in NTLawHbk
Main.JonathanMo 14 Sep 2015 What exclusive rights does a registered design owner have? The design owner has a number of exclusive rights in applying the design t...
Exploitationpatents
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Exploitation of patents Exclusive rights conferred by section 13(1) of the PA gives a patent holder 'the exclusive rights, during the...
Formatshiftingcopyingfromoneformattoanotherforprivateuse
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Format shifting: copying from one 'format' to another for private use People who own certain types of material are allowed to make a ...
General
in NTLawHbk
Main.JonathanMo 14 Sep 2015 General The purpose of trade mark law is slightly different to that of the other intellectual property protection regimes, such as co...
Groundlessthreats
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Groundless threats A defendant may restrain the making of 'groundless threats' of court action and may also recover any damages they ...
Collectiveadmincopyrightandcompulsorylicence
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Collective Administration of Copyright Rights and Compulsory Licence Schemes There are a large number of compulsory licence and royal...
Commissionedwork
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Commissioned work The copyright of a commissioned work ordinarily remains in the author of a 'commissioned' work or other subject mat...
Copyright
in NTLawHbk
24.1 Copyright This section deals with the general principles and issues associated with the copyright laws, and the most commonly asked questions about copyright...
Copyrightindigenousknowledge
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright and Indigenous Knowledge Indigenous art has often been commercially exploited in ways that are particularly offensive to in...
Copyrightoninternet
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright on the internet Potentially copyright protected material includes text, graphics, photographs, animations, film, music comp...
Copyrightvdesign
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Copyright v design A certain degree of overlap exists between the CA and the Designs Act 2003 (Cth) (DA). Hence it is possible for an...
Crowncopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Crown copyright Copyright in any original work created or first published by or under the direction or control of the Crown belongs t...
Damages
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Damages The common law remedy of damages is also provided for in section 115(2) of the CA, with provision for aggravated damages in s...
Accountprofits
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Account of profits Again, this is provided for in section 115(2) of the CA. This is an equitable remedy which requires the defendant ...
AntonPillerorders
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Anton Piller orders These ex parte orders entitle the plaintiff and their solicitors to enter the defendant's premises in order to in...
Appprocesspatent
in NTLawHbk
Main.JonathanMo 14 Sep 2015 The application process It can take two years to obtain a patent from the day that an application is filed at the national patent off...
Assignmentofcopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Assignment of copyright An assignment is a transfer of the exploitation rights of copyright. It enables the creator of an original wo...
Ausdesignsprotection
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Australian designs protection In Australia, designs are protected by Commonwealth legislation. The current law, the Designs Act 2003 ...
Ausintobligtmprotect
in NTLawHbk
Main.JonathanMo 14 Sep 2015 Australia's international obligations on trade mark protection The fundamental principle of trade mark protection provided by the Wo...
Authorisationandinfringementcopyright
in NTLawHbk
Main.JonathanMo 14 Sep 2015 'Authorisation' and infringement of copyright Sections 36(1) and 101(1) of the CA raise the issue of what may constitute 'authorisati...
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