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Intellectual Property Employer or Employee…who owns the rights?

Do you have employees that do not understand their obligations regarding work they create during the course of their employment? Are you unsure of what rights as an employer you have to work product?

The primary position is that any work created by an employee is owned by the employer, including any intellectual property rights within the work. There may be ways in which an employer or employee has contracted out of this position or altered ownership of the various rights. There is also the question of moral rights…but that is for another time. It is a common misconception by employees that any work product they create is their own and they are entitled to all rights to such work product upon leaving their employment. Former employees, as a result, can then conduct themselves in a manner which may infringe on rights held by the employer in copyright which subsists in a work they may have created whilst employed. [...]  READ MORE →

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Intellectual Property Rights

Metaverse vs Reality: Intellectual Property Rights

Despite the law often falling behind the fast-paced nature of the digital world, current legislative framework around intellectual property protection has been implemented to provide protection in the metaverse.

The metaverse is a virtual space that mimics reality, allowing access through technologies such as virtual reality, augmented reality and artificial intelligence. In contrast to the internet where browsers are considered an ‘observer’, the metaverse is a place where people can ‘live’ and be a part of a virtual space surrounding them. [...]  READ MORE →

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When is Trade Mark Infringing

There are many circumstances where the use of a logo, image, word, phrase or other form of mark may be infringing on a registered trade mark. However, it can sometimes be difficult to comprehend or identify when infringement occurs where it is not clear if the alleged infringing mark is actually being used as a trade mark.

Pursuant to s 120 of the Trade Marks Act 1995 (Cth) (“the Act”), a person can only infringe a registered trade mark. Therefore, if a person uses a trade mark but has never taken steps to register the trade mark with IP Australia (and obtain registration), they do not receive the protection and exclusive right provided by the Act to make a claim and/or prosecute infringement of their trade mark. [...]  READ MORE →

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Employer or Employee…who owns the rights?

Do you have employees that do not understand their obligations regarding work they create during the course of their employment? Are you unsure of what rights as an employer you have to work product?

The primary position is that any work created by an employee is owned by the employer, including any intellectual property rights within the work. There may be ways in which an employer or employee has contracted out of this position or altered ownership of the various rights. There is also the question of moral rights…but that is for another time. It is a common misconception by employees that any work product they create is their own and they are entitled to all rights to such work product upon leaving their employment. Former employees, [...]  READ MORE →

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Metaverse vs Reality: Intellectual Property Rights

By Dylann Brew, a Solicitor of Matthews Folbigg Lawyers in our Intellectual Property Group

The metaverse is a virtual space that mimics reality, allowing access through technologies such as virtual reality, augmented reality and artificial intelligence. In contrast to the internet where browsers are considered an ‘observer’, the metaverse is a place where people can ‘live’ and be a part of a virtual space surrounding them.

A core benefit of this is the ability for users to interact and connect with anyone, from anywhere and in any kind of manner – such as from the comfort of one’s home to conduct gaming, exploring, shopping, and collaborating. [...]  READ MORE →

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When is a trade mark infringing?

By Hayley Hitch, Senior Associate and Registered Trade Mark Attorney at Matthews Folbigg Lawyers in our Intellectual Property Group

There are many circumstances where the use of a logo, image, word, phrase or other form of mark may be infringing on a registered trade mark. However, it can sometimes be difficult to comprehend or identify when infringement occurs where it is not clear if the alleged infringing mark is actually being used as a trade mark.

Pursuant to s 120 of the Trade Marks Act 1995 (Cth) (“the Act”), a person can only infringe a registered trade mark. Therefore, if a person uses a trade mark but has never taken steps to register the trade mark with IP Australia (and obtain registration), they do not receive the protection and exclusive right provided by the Act to make a claim and/or prosecute infringement of their trade mark. [...]  READ MORE →