Show a Little Restraint

Overview A well-drafted restraint of trade (ROT) clause, like a well-constructed gate, can offer valuable protection to your business. A poorly put-together ROT clause is likely to collapse under challenge and will not prevent your employees from setting up in competition. Stress points in restraint of trade ROT clauses are primarily used to stop employees … Read more

International Research, Defence & National Interest: Getting the Balance Right

Defence Trade Controls Bill 2011 – Further consultation recommended Overview The university and research sectors can breathe an interim sigh of relief as further stakeholder consultation on the Defence Trade Controls Bill 2011 (Cth) (“Bill“) is the key recommendation of a preliminary report presented to the Senate on 15 August 2012 (“Report“) by the Foreign Affairs, Defence … Read more

Rights to an Employee’s Invention – UWA v Gray two years on

The decision of the Full Federal Court in University of Western Australia v Gray sent ripples (if not shockwaves) through academia and its research partners (see our earlier article here). A little over two years on, the Gray decision has often been cited but has infrequently been subject to further consideration. Although of limited value as an authority … Read more

Maximise protection of your business via Trade Mark Registration

While most companies know that they need to register their company name, not all company, business name or domain name – owners are aware that the best protection of their rights is through a trade mark registration. Company names, business names and domain names do not give proprietary rights as such, although they do provide … Read more

Three FAL lawyers named as world leaders in patent and technology law by IAM Licensing

Intellectual Asset Management (IAM) Licensing has again named and recommended three FAL Lawyers in its list of the World’s 250 Leading Patent and Technology Licensing Lawyers: Peter Francis, Jenni Lightowlers and Jason Watson. According to IAM, “Only those practitioners generating a high degree of positive feedback, as well as a demonstrable record of top-drawer work and a … Read more

You may not have the IP Rights you think you have!

The decision of Justice French of the Federal Court in University of Western Australia v Gray (No 20) [2008] FCA 498 should prompt industry partners to review the strategies they use to secure intellectual property (IP) rights in collaborations with universities and other research entities. Although the decision ultimately was based on specific circumstances, it is significant … Read more