Australia: Intellectual Property

Australia's fair dealing doctrine operates under strict statutory limitations, confining copyright exceptions to specific purposes like research, criticism, and news reporting. Unlike the more flexible approaches in Canada and the US, Australian law requires uses to fit within predefined categories, with courts showing little appetite for expansion despite ongoing debates about AI and data mining.

Franchising in Australia operates under a well-developed legal regime. The Franchising Code of Conduct, which has the force of law under the Competition and Consumer Act 2010 (Cth), sets minimum standards for disclosure, franchise agreements, and the conduct of the franchise relationship.

It has been reported that actors Matthew McConaughey and Sir Michael Caine have each signed a deal with AI audio company, ElevenLabs, allowing for the creation of AI-generated versions of their voices. These agreements follow on from a recent trend in Hollywood for celebrity partnerships with AI-generative tech companies, which now includes the likes of Dame Judi Dench and Kristen Bell who both partnered with Meta in 2024 for the use of their voices.

For 2026 planning, apple businesses must prioritise licensed access and strict PBR compliance across the supply chain as branded variety programs dominate the market.

Pactitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices.

Learn how existing laws apply and how to safeguard your organisation's IP rights.

In an important decision, the Full Federal Court in The NOCO Company v Brown and Watson International held that the relevant date for assessing the best method known to the applicants is the filing date...

IP Australia (IPA) has released a consultation paper (Paper) proposing several possible reforms to intellectual property legislation, with the objective to "streamline and simplify" regulation of registered IP...

In Implicit v. Sonos, the Federal Circuit affirmed the PTAB's refusal to let Implicit use post-decision certificates of correction to introduce a new antedating...

Pactitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices.

Learn how existing laws apply and how to safeguard your organisation's IP rights.

Relevance of IP in the construction sector and highlight common issues that can arise when IP rights are not clearly understood or properly managed.