Australian ISPs beware

Tim Case, Malcolm McBratney, Andrew Poulton

Australia’s piracy laws could be anchoring some big ships with a new Copyright Bill introduced into the Australian Parliament.  The Bill gives power to the Federal Court to grant injunctions requiring internet service providers (ISPs) to take ‘reasonable steps’ to disable access to sites that infringe or facilitate the infringement of copyright. 

Treasurer proposes 'Netflix tax' on supply of intangible services into Australia

Alex Hutchens, Malcolm McBratney, Mark West, Amanda Kidd

Non-resident suppliers to prepare for Australian GST to apply at source of payment

A planned change to apply Australian GST to the source of payment for intangible services, regardless of the location of the source of the service, would require non-resident suppliers to pay GST on supplies of digital content (e.g. music, films, games), licensed rights (e.g. software), services provided and other intangible rights sourced from outside Australia.

A change to the current $1,000 low value threshold before GST applies to imported goods is also planned in association with these changes for intangible services.

Accordingly non-resident suppliers of services or goods should commence preparation for Australian GST to apply to their supplies at source of payment in Australia - including reviewing their pricing and contracts to ensure they are able to recover the additional GST cost from their business and retail customers.

Competitive Tension - Harper Review Final Report recommends some real change

Paul McLachlan, John Kettle, Brett Heading

The Commonwealth Government has been conducting a review of Australia’s competition laws to see if they are fit for purpose.  (Click here to see what we had to say about the draft recommendations last October).  The Minister for Small Business released the Final Report of the Competition Policy Review Panel on Tuesday (31 March 2015).  While a number of the draft recommendations have made it into the Final Report, there are also some significant new changes.  Some will fundamentally change the competition law landscape in Australia…if they eventually get into the legislation.

Expanding overseas? Make sure your brand is protected

From mid 2016, amendments to Canadian trade mark laws will make it more difficult for foreign trade mark owners to register to protect their brand. 

Malcolm McBratney, Alexia Marinos

Registered trade marks are the most important tool that a business can have to protect its brand in Australia and worldwide. They give you the exclusive monopoly to use the brand in connection with your business’ goods and services and give you the right to prevent others from using similar or identical brands for similar or closely related goods and services. Trade marks can be registered in perpetuity provided they remain in use in the countries in which they are registered and if renewal fees are paid every ten years.

But first, let me take a selfie…No, check your patent first

Malcolm McBratney, Stephanie Parkin

Taking a selfie has never been so simple – thanks to the selfie stick.  With an estimated 100,000 sold worldwide during Christmas, the selfie stick has become a household essential and earned itself a spot on the Time’s 25 Best Inventions of 2014.  In reality, the alleged original inventor of this newfound gadget launched the product in 2006 after years of investment and prototypes and long before the selfie was recognised as a word or became a phenomenon.

Taylor Swift to shake off trade mark controversy

Alex Hutchens, Malcolm McBratney, Alexia Marinos

Pop singer Taylor Swift may have very well accepted that haters gonna hate, however she probably did not expect several of her US trade mark applications to spark an online revolt.

Clarity on crowdfunding in Australia expected soon

Malcolm McBratney, Reece Walker

During stakeholder consultation on crowdfunding, Federal Minister for Small Business Bruce Billson has reportedly indicated crowdfunding legislation will be tabled during the spring session of Parliament.