Articles
Intellectual Property in Schools: Who Owns it – Employers or teachers?
Sharon Givoni Consulting Copyright, Intellectual Property
When it comes to intellectual property (IP) in schools, it’s not just lesson plans and teaching materials that come into play. Teachers may also create IP in their own time that is not directly related to their teaching duties, such as writing educational books, creating learning apps or tutoring websites. Clients often ask us: who […]
I Like Your Style: The Blurred Lines Between Artistic Expression and Copyright Law
Sharon Givoni Consulting Copyright
As copyright lawyers, often we get asked whether artists can stop someone else from copying their style. To that I say: Let’s get one thing out of the way first – all artists are unique in their own right and often an artists’ style defines their art – whether they are painters, sculptors or writers […]
Trade mark owner of PROTOX is all frowns after court decision: What happens if you think someone has copied your trade mark?
Sharon Givoni Consulting Copyright, Trade marks
In Australia, the test for trade mark infringement is whether the use of a mark by another person is likely to deceive or cause confusion among consumers in relation to the origin of the goods or services. This is determined by considering the similarity of the marks, the similarity of the goods or services, and […]
Restraint of Trade Laws in Australia: What You Need to Know
Sharon Givoni Consulting Intellectual Property
Restraint of trade laws are a crucial aspect of business law in Australia and most people will come across them at sometime of their working life. These laws are designed to protect the interests of businesses, employees, and customers by preventing unfair competition and ensuring that businesses can operate freely and effectively. The general principle […]
From Lipstick to Medicine: The Legal Line Between Cosmetic and Therapeutic Products
Sharon Givoni Consulting Retail and fashion Law
Are you confused about the difference between therapeutic goods and cosmetics? Don’t worry, you’re not alone. While the terms may sound similar, they are governed by different laws and regulations in Australia. In this blog post, we’ll break down the differences and explain why it’s important to get it right. Firstly, let’s define what a […]
The law around refunds in Australia: Some tips for online businesses
Sharon Givoni Consulting Consumer Law, Internet Law
Refunds are an important aspect of consumer protection in Australia, and it is crucial for businesses to be aware of their legal obligations when it comes to offering refunds to customers. This blog explores some of the legal considerations that apply when giving a refund in Australia, including the impact of Australian Consumer Law, the […]
Copyright or wrong? Important issues that writers need to consider.
Sharon Givoni Consulting Internet Law
For writers, copyright law can play a significant role in protecting their original works and ensuring they receive appropriate recognition and compensation for their efforts. Under Australian copyright law, copyright protects the original expression of ideas, rather than the ideas themselves. This means that while ideas themselves cannot be copyrighted, the particular way in which […]
Pretty people and smiling faces: Understanding the Legal Risks of Paid Influencer Marketing
Sharon Givoni Consulting Internet Law, Social Media
It has been said that influencers offer a level of trust and authenticity that traditional advertising can’t match. It can drive brand success by increasing reach and engagement: make the product appear more credible and even be cost effective especially for small to medium businesses. However, there is another consideration as well which that using […]
Locked Out of a Social Media Account & Defamation
Sharon Givoni Consulting Internet Law, Social Media
The words we use. AI and social media: Hate speech, defamation and algorithms. Platforms like Facebook, YouTube, and Twitter are increasingly using artificial intelligence technology to help stop the spread of hateful speech on their networks. Often referred to as “offensive speech detection algorithms”, the point of the software is to flag racist or violent […]
The Grace Period and Designs Law – What is it and why does it matter?
Sharon Givoni Consulting Design Law, Protecting ideas
If you are an industrial designer, and create product designs for a range of consumer goods and industrial products, such as appliances, furniture, toys, cars, surface designs, containers, furniture, fashion design and sporting goods, to name few, then you need to read this article. First and foremost, design protection is one of the best ways […]