All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues affecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Australia - Trade Marks - Protecting Intellectual Property: Seizure by Australian Customs of Goods that Infringe Australian Trade Marks
9 March 2010
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
Counterfeit goods are becoming available increasingly in many jurisdictions around the globe, including Australia, thereby depriving rights owners of significant income derived from their creative endeavours. In many circumstances, goods are brought into Australia without regard to Australian intellectual property rights. For Australian trade mark owners, a simple procedure is available under the Trade Marks Act which provides a practical and useful avenue to protect their trade marks. This involves working with the Australian Customs Service (Customs) to seize potentially infringing goods upon importation.
Update - Assessment of damages for conversion and rent in Rapid Metal Developments
3 March 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
As we reported in our recent FocusPaper, the Supreme Court of NSW held in Rapid Metal Developments (Aust) Pty Ltd v Rildean Pty Ltd [2009] NSWSC 571 (26 June 2009) that agents for a mortgagee in possession ("controllers") were personally liable to pay hire charges accruing under an agreement entered into by the failed company prior to the appointment. They were also liable for conversion. The controllers of Rildean had taken possession of RMD's scaffolding, which had been comingled with scaffolding from other sources.
Australia: Copyright in Race Fields and Sporting Fixture Lists - What does the Telstra Telephone Directories case mean for the Racing Sector? - When will copyright subsist?
26 February 2010
Author: Jamie Nettleton, partner
Practice area: Gambling
For some time now, elements of the racing industry have considered copyright as a legitimate means to obtain a financial contribution from bookmakers who utilise race information without the racing industry's permission. This continues to be the case despite the High Court's 2009 unanimous decision in the IceTV Case where the High Court ruled that IceTV did not infringe copyright in Nine's television program schedule. The High Court found that there was no substantial reproduction of Nine's program titles and times in IceTV's electronic program television guide. A recent case, involving Telstra Directories, has concluded that copyright did not subsist in Telstra's white and yellow directories. This raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information. Racing and sporting bodies will have to address these issues if they wish to pursue unauthorised users of their racing and sports fixture information (including wagering operators) on the basis of copyright infringement.
Copyright Infringement - Australia - Nintendo settlement gives warning to individual copyright infringers and pirates - Unauthorised Wii games downloads - watch out for copyright infringement
19 February 2010
Author: Jamie Nettleton, Partner, Karen Hayne, Partner and Susan Darmopil, Senior Associate
Practice area: Intellectual Property & eCommerce
A warning was issued to copyright pirates earlier this month when a claim made by the video game company Nintendo Co Ltd (Nintendo) against an Australian individual for illegally copying and uploading to the Internet its new Super Mario Bros Wii game was settled. As a result, the pirate, 24 year old James Burt of Brisbane, will pay AUD$1.5 million to Nintendo by way of damages to compensate Nintendo for the loss of sales revenue caused by his actions. In addition, the Federal Court has ordered Mr Burt to pay AUD$100,000 towards Nintendo's legal costs.
Have Your Say Before 28 February 2010 - Should computer games have an R 18+ adult classification category like films do in Australia?
17 February 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
The Federal Government's December 2009 discussion paper calls for submissions from the community on the subject of whether an R 18+ classification category should exist for computer games in the same way it does for films. Submissions are due by close of business on 28 February 2010. Circumstances surrounding the debate, and the key arguments likely to be submitted by the public, are set out and explored in this FocusPaper.
Shadow Equity - The Darker Side of Insider Trading
15 February 2010
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
As global markets improve, a string of successful insider trading charges brought by ASIC, together with recent warnings by the ASX, serve as a timely reminder of the tough stance being taken on those who trade securities with knowledge of undisclosed price-sensitive information. In addition, the various elements that tend to constitute senior executive remuneration has never been subjected to more intense public and political focus.
Direct Selling - When is a Distributor deemed an Employee - Victoria - Homecare Direct Shopping Pty Ltd v Gray [2008] VSCA 111
3 February 2010
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
In a manner similar to the New South Wales decision in Bessemer , a 2008 decision of the Victorian Court of Appeal relating to a workers compensation claim made by a distributor of a direct selling company raises important issues that direct selling companies need to consider when drafting distribution agreements. This decision suggests that certain distributors will be deemed as employees for the purposes of Victorian workers compensation law.
Rent and Damages for Conversion - Controllers Liable - Warning!
2 February 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Controllers personally liable for rent and conversion - warning to insolvency practitioners and their appointors!!
Administrative Law - Are you unhappy with a government decision or action that affects your business? - Administrative law may be of assistance!
1 February 2010
Author: Jamie Nettleton, Partner
Practice areas: Gambling, Commercial Litigation & Dispute Resolution and Corporate, Mergers & Acquisitions
Every day public bodies exercise their power to make decisions which impact adversely your business. Has your business been affected by a decision or action taken by a government department, authority or statutory body which you consider to be adverse or unfair? Help may be at hand through administrative law by using the avenues available to challenge the legality or merit of the decision or action.
Revised Children's Television Standards for Commercial Television
29 January 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Intellectual Property & eCommerce
With the commencement of the Children's Television Standards 2009 (CTS) on 1 January 2010, the standards relating to advertising and product promotion to children have been clarified and strengthened following widespread community concern over the effect of food and beverage advertising on children.
Appointment to ICANN's Joint International Domain Name Working Committee
29 January 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
Addisons' intellectual property partner, Karen Hayne, has been appointed as a member of the Internet Corporation for Assigned Names and Numbers (ICANN) new Joint Internationalized Domain Name (IDN) working group.
Australian Consumer Law Reform - The introduction of unfair contract terms legislation - Important Amendments to the Trade Practices Act and the ASIC Act
29 January 2010
Author: David P. Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
Consumer protection provisions will be significantly expanded under a proposal to amend Australia's trade practices law. The amendments, which are expected to come into effect this year, will provide that unfair terms in contracts may be declared void and unenforceable. Many businesses that contract with consumers using standard form contracts are likely to be affected by the new laws and may need to reassess the terms of their contracts as well as their risk management practices.
Mandatory Internet Censorship in Australia?
28 January 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
In December 2009, the Australian Federal Government released the results of a trial of Internet filtering technology and announced its intention to proceed with a controversial plan to introduce mandatory Internet filtering in Australia.
National Consumer Credit Protection Act receives Royal Assent
14 January 2010
Author: David Selig, Partner and Nathan Greenfield, Solicitor
Practice area: Corporate, Mergers & Acquisitions
On 15 December 2009, the National Consumer Credit Protection Act 2009 (Cth) (Act) received royal assent. The Act is part of a reform of Australia's consumer credit laws following the agreement reached in 2008 by the Council of Australian Governments that the Commonwealth should have responsibility for regulating the consumer credit industry. A practical consequence of that agreement will be that providers of consumer credit will need to be licensed by the Australian Securities & Investments Commission (ASIC) and will be governed by a new set of uniform national laws. The National Credit Code (NCC), which is found in Schedule 1 of the Act, will apply from 1 July 2010 and will replace the consumer credit codes of each State and Territory. ASIC will be responsible for the administration of the new uniform laws.
Direct Selling - When Is A Distributor A Worker - NSW
21 December 2009
Author: Jamie Nettleton, Partner
Practice area: Marketing & Advertising
Is a person injured at a direct selling company's premises deemed a 'worker' for workers compensation purposes? The 2005 NSW Court of Appeal decision in Bessemer has significant implications for direct selling companies and workers compensation insurers as it may deem distributors/consultants as 'workers' for workers compensation purposes.