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Mainly intellectual property (IP) issues Down Under

An arbitration clause means arbitrate

The Court of Appeal has enforced an arbitration clause in a Subway franchise, barring the franchisees’ action in VCAT.

ACTA coming a little bit more out of the shadows

Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.

Damages for breach of franchise agreement

Howard’s Storage World (HSW) granted Haviv a franchise to operate an Howard’s Storage World retail outlet at Burwood in Sydney. The terms of the franchise included a grant of an exclusive territory for a radius of 5km. Subsequently, HSW granted someone else an franchise to operate an Howard’s Storage World franchise at a new shopping centre at Rhodes, approximately 4,840m from Haviv’s Burwood store. The breach of the contractual exclusivity promise was.. Read More