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Tax law and IP (Part 2)
Teresa Dyson, Partner and Tim Rowe, Lawyer, Blake Dawson Waldron consider the exploitation and realisation of IP, including discussion of recent developments and the impact of GST, and touch on certain international taxation aspects of the process.
Link to Tax law and IP (Part 2)
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- Published:
- 20 Dec 2007 / 08:57 PM
- Category:
- Copyright, Designs, Patents, Trade Marks
- Tags:
- Blake Dawson Waldron, Partner, Tax law, Teresa Dyson, Tim Rowe
Tax law and IP (Part 1)
Over two issues, Teresa Dyson, Partner and Tim Rowe, Lawyer, of Blake Dawson Waldron attempt to take you through the life cycle of various IP rights. In Part 1, we address some of the key tax considerations in the development of IP. In Part 2, we will consider the exploitation and realisation of IP and the associated tax treatment, including the impact of GST, and touch on some international aspects of the cycle.
Link to Tax law and IP (Part 1)
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About this entry
- Published:
- 30 Oct 2007 / 08:55 PM
- Category:
- Copyright, Designs, Patents, Trade Marks
- Tags:
- Blake Dawson Waldron, Partner, Tax law, Teresa Dyson, Tim Rowe
Allens Arthur Robinson - Moral rights - first Australian case
Moral rights - first Australian case - Jim Dwyer, Partner and Natasha Simonsen, Paralegal reports on the Federal Magistrate Raphael’s decision in Meskenas v ACP Publishing Pty Ltd [2006] FMCA 1136 to award $9,100 in damages to Mr Meskenas for breach of his moral rights under Part 9 of the Copyright Act 1968 (Cth):
- “This is the first Australian case to consider moral rights, which were introduced into the Copyright Act by the Copyright Amendment (Moral Rights) Act 2000 (Cth).”
Link to Allens Arthur Robinson article
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- Published:
- 17 Jan 2007 / 02:24 AM
- Category:
- Copyright
Allens Arthur Robinson - Trade Marks Amendment Act 2006
Trade Marks Amendment Act 2006 - Philip Macken, Partner and Peter Ryan, Trade Marks Attorney outlines some of the key amendments to the Trade Marks Act 1995 (Cth):
- provisions which came into force on Royal Assent (applications accepted after 23 October 2006)
- trade mark ownership provisions
- new opposition grounds and determinations
- Registrar may apply to court for amendment or rectification if in public interest
- non-use removal applicant no longer needs to be ‘aggrieved’
- power of owner to deal with registered trade mark
- provisions to commence next year
- ’series’ trade mark applications
- divisional applications
Link to Allens Arthur Robinson article
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- Published:
- 17 Jan 2007 / 02:13 AM
- Category:
- Trade Marks
Allens Arthur Robinson - Challenge to entitlement to patents
Challenge to entitlement of patents - Sarah Matheson, Partner and Anna Howard, Articled Clerk reports on the Full Federal Court decision of University of British Columbia and Anor v Conor Medsystems [2006] FCAFC 154:
- “The Full Court held that the facts to be assumed were insufficient, so it was inappropriate to determine the preliminary question, either as originally formulated before Justice Finkelstein or as reformulated for the appeal. The matter will be determined at trial”
- “Should the majority reasoning prevail, it will be important for joint patent applicants to ensure that:
- if deriving title from more than one inventor, each named inventorhas made a contribution to the invention as claimed; and
- when deleting, adding or amending claims prior to grant, each of the named inventors continues to be a person who has made a contribution to the invention as claimed; or
- if not the inventor, they are each otherwise a person who would be on the grant of the patent be entitled to have the patent assigned to them.”
Link to Allens Arthur Robinson article
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About this entry
- Published:
- 16 Jan 2007 / 03:49 AM
- Category:
- Patents