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Intellectual property law in Australia has altered spectacularly in the last ten years and extends to change. Developments in expertise, the increase of the internet, the globalisation of trade and the expanding significance of 'superbrands...
trademarks, come to be taken by all concerned as denoting the proprietor's goods. The Trade Marks Act 1994, implementing an EC Directive (189/104/EEC. 21 December 1988) has swept away the old law. A mark which is 100% distinctive will almos...
Intel Doctrine is a Mere Confirmation of the Sabel v Puma Doctrine Introduction 1 By order of 29 June 1995, received at the Court on 20 July 1995, the Bundesgerichtshof (Federal Court of Justice) referred to the Court for a preliminary ruli...
legal protection. Trade secrets, copyrights and patents are used for the protection of the technology itself (Freibrun, n......
the facts of the case In the case of NBA Properties Inc v Kris John Gaunt, the respective logos were found to be 'substantially identical' Once a slogan becomes incontestable, a defendant cannot challenge the validity of the slogan on the g...
intellectual property rights that have been infringed for a period of two years. The act of defrauding producers and buyers, transient off inferior versions also raises the spectre of contamination, spoilage and out-of-date products. The im...
entity established by one or several persons whose charter capital is divided into a certain percentage (the amount of which is set by the constituent documents). Participants bear the risk of Losses Company only in the value of their cont...