Branding and reputation are strong influencing factors when consumers differentiate between similar commodities or services. The persuasiveness of ‘brand power’ in the consumer market can immediately add attributes to a commodity or service such as: quality; effectiveness; value for money; or prestige. Thus, the protection of brand names (or in legal terms, trade marks) is important for both the producer and the purchaser.

A registered trade mark can be removed from under cetain conditions meaning the Trade Marks Act requires trademark owners to effectively use or lose their trade marks. In order to have a trade mark removed from the register an application setting out the grounds of the request must be lodged at the trade mark office by an aggrieved party.

Patent law in Australia allows for the grant of two main types of patents: the standard patent and the innovation patent. A third type, the provisional patent, as the name suggests, is often the starting point in order to secure a priority date for the application, before a full standard or innovation patent application is filed.

Consumers of digital content have possibly more power than any consumer that has come before. They want content when they want it, where they want it, and they want access to it using the device or application of their choice. To remain viable, business will have to comply.

The Supreme Court of New South Wales has issued a practice note on “use of technology” in litigation proceedings in recognition of the common and escalating use of electronically stored information (ESI) by business entities in modern practice.