Australia: Licensing & Syndication

Australia's refusal to introduce a text and data mining exemption for AI training has sparked a high-stakes confrontation between global AI companies promising billions in infrastructure investment and creative industries fighting to preserve copyright protections.

This month's intellectual property updates explore critical questions at the intersection of AI, trade marks, and creative rights. From the meaning of honest concurrent use in Australian trade mark law to the evidentiary implications of ChatGPT prompts, these articles examine how traditional IP principles apply to modern challenges. The collection also delves into AI music training compensation, nostalgic brand revivals like the Toyota Cressida, and the famous UB40 band-name dispute that illustrates passing

Understanding the critical distinction between business names and trade marks in Australia can save your business from costly rebranding and legal complications. While a business name simply allows you to trade, a registered trade mark provides exclusive legal protection for your brand and prevents competitors from using confusingly similar names in your industry.

Key considerations when reviewing your organisation's IP clause.

IP Australia proposed wide-reaching changes to the Design registration regime.

IP asset holders across Australia should all be readily aware of the key changes as they come into effect.

The legal system, laws and government bodies for intellectual property rights – all support innovation and protection.

To know the worth of your IP will provide you with an edge over the competition, as other businesses can overlook IP protection.

The commercial contract may prohibit a party from doing certain things, but consent must not be "unreasonably withheld".