Licensing Your Intellectual Property Protects Your Ideas. Here’s How.

Written by rouse_admin on July 3, 2016

Licensing Your Intellectual Property

If you have created intellectual property (IP), knowledge about correct licensing practices is crucial to prevent other people from copying your ideas unlawfully.

By licensing your intellectual property to someone else, in accordance with intellectual property law in Australia, you can control how they use your ideas.

Categories of IP licence

There are three categories of IP licence. These determine who can use your intellectual property and how it can be used:
• a sole licence
• an exclusive licence
• a non-exclusive

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3 Ways to Effortlessly Reduce Risk

Written by rouse_admin on June 9, 2016

1. Put it in Writing.

We can’t say this enough. Put every deal in writing.

Why is this ‘effortless’? Think of the alternative. If everyone made sure their agreements (and any variations) were clear and in writing, our litigation team would be out of business.

Call us cynical, but handshake deals are a thing of the past. With constant access to technology like smart phones, there’s no reason not to make sure there’s a record of the deal that has been struck.

2. Know

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Fair’s Fair: Small Businesses Gain Unfair Contract Protections

Written by rouse_admin on May 9, 2016
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Crooks, watch out! From 12 November 2016, there will be some important new amendments to the Australian Consumer Law and the ASIC Act.

These amendments will expand consumer protections to business owners. Starting in November, small businesses will be protected against ‘unfair’ provisions in contracts.

When Will the New Rules Apply?

There’s a few exceptions, but essentially, the amendments will apply where:

the contract is for the supply of goods or services, or the sale or grant of an interest in land;
at least one

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Credit Card Fee Battle Hits High Court

Written by rouse_admin on February 4, 2016

A High Court challenge starting today in Canberra will determine whether bank customers should be reimbursed hundreds of millions of dollars in credit card late-payment fees.

Thousands of ANZ customers are part of a class action hoping to convince the High Court the fees are illegal.

At the crux of the challenge is the disparity between late fees charged by the bank, and the actual loss suffered when a customer pays a credit card late.

Customers say the late fees they were charged

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10 Things You Need To Know About Creditors’ Statutory Demands

Written by rouse_admin on February 4, 2016

1. A Creditors’ Statutory Demand can be used by a creditor owed at least $2,000 by a company.

2. The debt must be due and payable – a common mistake is to issue a statutory demand for a debt (or part of a debt) which is not yet due. For example, the demand might include a number of outstanding invoices, but the most recent invoice issued to the debtor is not yet payable.

3. There must be no “genuine dispute” about the

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Creditor’s Statutory Demands: Friend & Foe

Written by rouse_admin on February 4, 2016

Where a creditor is owed at least $2,000 by a company, the Corporations Act 2001 (Cth) contains a powerful mechanism to recover that debt:  a Creditor’s Statutory Demand (statutory demand).

The Debt
A statutory demand is essentially a notice to a debtor company that it is required to pay the debt(s) set out in the statutory demand within 21 days of service, or a presumption of insolvency will arise. This presumption allows the creditor (or anyone else for that matter) to take

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5 Fast Facts about Trade Mark

Written by rouse_admin on January 21, 2016

Trade marks are a critical component of any business. This article covers five fast facts about trade marks and how they can be leveraged to benefit your business.

1. What is a trade mark?

A trade mark is a ‘sign’ that is used by one trader to distinguish their goods or services from those of other traders.

A trade mark traditionally consists of a word, a logo or a combination of words and logos, but it can also include 3D shapes, colours, scents,

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The value of legal expertise in tax disputes

Written by rouse_admin on January 19, 2016

Key Points

Court appeals will often cost in excess of $200,000, which most clients will not want to pursue and will wish to avoid (a cost benefit analysis will not pass).
Where the dispute involves an application of the law (as opposed to the calculation of an amount) the ATO view can often be misguided.
A focused and powerful legal submission based on legal principles can often cause the ATO to change their view. This should be adopted no later than the objection

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Exciting Development: Rouse Lawyers & Bywaters Timms

Written by rouse_admin on November 4, 2015

Rouse Lawyers and Bywaters Timms are pleased to announce the merger of the two firms from 1 December 2015.

The firm will now have 14 lawyers and 22 staff in total including a number of specialist practice group leaders. The firm will be known as Rouse Lawyers incorporating Bywaters Timms for 6 months when the name will revert to Rouse Lawyers.

For Rouse Lawyers’ clients it will mean the addition of a specialist franchise and commercial practice, led by Janice Bywaters (http://www.btlaw.com.au/).

The

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Protection of Superannuation

Written by rouse_admin on October 20, 2015

Accredited Tax Specialist and Chartered Tax Adviser

Bankruptcy law excludes some assets from being available to meet liabilities owing to creditors: for example, certain kinds of household property, a motor vehicle worth less than $7,500, and an interest in a regulated superannuation fund. For asset protection planning, the most relevant category is that applying to superannuation.

The exclusion of superannuation often leads to the assumption that superannuation accounts are protected in bankruptcy.

This assumption was recently challenged in the Victorian Supreme Court decision

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