Short Guide to Copyright Law in Australia
Sep / 20

A Short Guide to Copyright Law in Australia

Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Protecting ideas, Street art

Only one thing is impossible for God: to find any sense in any copyright law on the planet.[1] – MARK TWAIN As the famous quote by nineteenth-century author Mark Twain suggests, and this guide will demonstrate, copyright may be a complex area of the law, but the underlying message is quite simple: don’t copy! The […]

Read more

Photography without Permission
Aug / 30

Photography without Permission: Is it Always Legal to Snap?

Sharon Givoni Consulting Copyright, Intellectual Property, Photography

Many people believe that photographing people without their knowledge or consent is an invasion of privacy and therefore against the law. However, you might be surprised to learn that leaving aside the moral issues that this might raise, in Australia photography without permission it is (on the face of it) perfectly legal. This issue has […]

Read more

BRANDING LAWS PACKAGED AND GIFT-WRAPPED

Sharon Givoni Consulting Intellectual Property, Packaging, Protecting ideas, Trade marks

Only a century ago, the attraction of consumer products was in their practical application. Soap, for example, was originally packaged in anonymous greyish bars and purchased by consumers purely for its cleaning attributes. Now, soap promises so much more – it exfoliates and softens, refreshes and revitalises (Norsca), doubles up as a “beauty aid” (Dove) […]

Read more

Social Media Influencers – To post or not to post, that is the question

Sharon Givoni Consulting Consumer Law, Intellectual Property, Social Media

The reality is that everyone needs to post, gram and/or tweet to be in the marketplace. Marketing a business or product today requires a seemingly endless stream of content and new ways to reach new audiences. Social media influencers can be a great addition to your marketing campaign, but be sure that you do not […]

Read more

Protecting yoga and dance moves – How far can you stretch copyright law?

Sharon Givoni Consulting Copyright, Intellectual Property, Protecting ideas

Imagine this scenario. You come up with an amazing sequence of 26 yoga poses and an accompanying dialogue so that yoga class could be taught throughout the world. People could go to a class in Australia or LA and know it would pretty much be the same. This is exactly what happened to well-known Indian […]

Read more

Alice in Merchandise-land – the value of character and celebrity merchandising

Sharon Givoni Consulting Consumer Law, Entertainment Law, Food Law, Intellectual Property, Packaging, Protecting ideas

The value of celebrity endorsements on food advertising, packaging and labelling is indisputable, whether it be Jamie Oliver with his range of products, George Clooney for Nespresso or Serena Williams for Gatorade (and Nike… and Berlie… and…) Take-Away Tips for your business The use of images of fictional beings on products, such as cartoon characters, […]

Read more

Close your eyes, and give me the coke bottle

Sharon Givoni Consulting Consumer Law, Food Law, Intellectual Property, Packaging, Protecting ideas, Trade marks

How to avoid legal issues when it comes to packaging Attention all packaging designers, this is for you. Before you launch your new product with shiny new packaging, it is important to consider whether you could be infringing someone else’s trade mark rights, engaging in misleading or deceptive conduct or passing off. In Australia, aspects […]

Read more

Don’t be fooled, plain packaging is anything but plain

Sharon Givoni Consulting Consumer Law, Packaging, Retail and fashion Law

This article discusses the legalities of plain packaging for cigarette companies   Takeaways Plain packaging was introduced to reduce the attractiveness and appeal of tobacco products. The numerous specific and detailed requirements make plain packaging legislation is difficult to navigate without legal advice. Failing to comply with plain packaging legislation can result in product recalls […]

Read more

Superfood or superfool – the legal lowdown on using this name

Sharon Givoni Consulting Consumer Law, Food Law, Packaging

Blueberries, goji berries, chia seeds, acai berries and of course, kale! These are the superfoods which are going to make you healthier, happier, smarter and just all round better, or so they say. However, before you start spruiking your new superfood from the pristine Amazon rainforest, stop to make sure you do not make yourself […]

Read more

Use it or lose it – what happens if you do not use your Trade Mark?

Sharon Givoni Consulting Consumer Law, Intellectual Property, Packaging, Retail and fashion Law, Trade marks

If you are a small business and looking to restructure, this article is a must-read to ensure you do not inadvertently put your trade marks at risk. Key points: Even if you have a registered trade mark this may not be fool proof A registered trade mark can be potentially removed by a third party, […]

Read more