Articles
Can Emails Make A Binding Contract?
Sharon Givoni Consulting Intellectual Property
Can emails make a binding contract? A lot of our clients regret sending an email offering something to another person thus potentially making a contract. In other words, can a set of emails make a binding contract per Australian law? Well the simple answer is, yes. The recipe for a binding contract requires at minimum […]
Do You Own Your Life?
Sharon Givoni Consulting Intellectual Property
This might be an intriguing title for an article because at first glance, of course you own your life – otherwise, who else would? But this is more a question of do you own the story of your life? Taking that a step further, how would you feel if someone else came along, say, an […]
When is a blog defamatory?
Sharon Givoni Consulting Intellectual Property
Most of us write blogs from time to time. Sometimes it is used in a manner to vent about our lives. However, depending on the nature of the blog post, you could be facing potential legal risk. Thus the question you may have asked yourself, is my blog defamatory? Defamation unlike other areas of law […]
Pet Food Regulation Report 2019
Sharon Givoni Consulting Intellectual Property
Full Report Attached Below: Pet Food Regulation Report 2019 – Australia Meat used as pet food (also termed as pet meat) is regulated in every state and territory of Australia except for Australian Capital Territory. Every state and other territories require that knackeries, butcher shops, animal food processing plants and meat processing plants hold an […]
Are you an Instagram Influencer? IP Legal Concerns
Sharon Givoni Consulting Intellectual Property
For some, Instagram has become a career bringing in a steady income. Those with the skill (or luck) to amass a hoard of followers have vast potential to a sizeable living from paid promotions. However, before uploading your next post to Instagram to be seen by millions, there are a few influencer legal concerns that […]
Price Comparison Sites and Copyright – Protecting Your Database
Sharon Givoni Consulting Intellectual Property
Lately, we have had a number of clients approach us and ask about the legality of their online businesses. Particularly in respect to price comparison and directory websites. The question arises whether the use of other company information and things such as logos in comparison tables, charts or compilations is a breach of copyright. Copyright […]
They stole my photo! – Copyright Theft
Sharon Givoni Consulting Intellectual Property
Many of you have probably at some point or another searched Google for an image and used it for whatever purpose you required. Additionally, most people who use a photograph do not consider who the owner of that image is or the effect that using another persons work can have. Further, some of you may […]
It’s not easy being Green
Sharon Givoni Consulting Intellectual Property
Frucor Beverages Limited, the maker of ‘V’ Energy Drinks recently lost a six year legal battle to register a trade mark for the shade of green used on its cans after a swatch of the wrong shade of green was mistakenly attached to the original trade mark application. The exact colour being applied for was […]
What happens if you don’t use your trade mark? Can it be taken away?
Sharon Givoni Consulting Intellectual Property
Apparently, the answer is yes. But there are conditions. The mark must have been registered for at least three years and there must have been three continuous years of non-use. The rule used to be five years, but it has recently changed so it is now in line with New Zealand laws. So, the rule […]
Demystifying the magic of unfair contract terms
Sharon Givoni Consulting Intellectual Property
Unfair contract terms are something we are all wary of and most of us have probably been victim to them at some point in our lives. Consider the following scenarios: You enter into a long-term contract with a supplier for the supply of wood and hidden in the fine print are terms which give them […]