This article was co-authored with Samantha Stone.
On 13 May 2026, the High Court of Australia handed down its unanimous decision in Zip Co Limited & Anor v Firstmac Limited [2026] HCA 16, settling the law on the defence
The Australian IP Report 2025: Staying ahead of the pack
This article was co-authored with Alyson Poole, with thanks to Jerome Messiha.
Overview
IP Australia released the Australian IP Report 2025 (IP Report), providing the latest IP trends, statistics and policy developments across Australia. In this article we explore
Future-proofing environmental claims: what you need to know now
Across the globe, businesses are keen to appeal to increasingly ethical consumers by promoting ambitious ESG initiatives. This has led to a flood of “green” claims – such as “sustainable”, “environmentally friendly” and “net carbon zero” – in almost every
Keeping your business IP safe- Intellectual property in a disrupted employment environment
This article was co-authored by Bella Baker
We live in a disrupted world. One impact from this is a gig economy that increasingly favours contractors and freelancers, allowing for more flexible working arrangements. This has also led to the growing
Intellectual property and the digital world
The digital economy is built around speed, simplicity and more efficient ways of doing things. Data security and privacy is expected but is often negotiable as consumers are enticed to trade private information for efficiency or more attractive offers. In
Concepts, creative ideas and copyright protection: Buster, The Brave Little Wooden Boat illustrating the limits of causal connection and copyright protection
By Georgina Hey & Jerome Messiha
Content developers and creatives are generators of ideas and concepts. The point at which any concept transforms into a copyright protected work is often a vexed issue in the creative (and other) spaces.
A
Trade Marks in the Virtual World: Is your Business Well Meta-Versed in Emerging Technology?
Introduction
Digital technologies such as the metaverse, non-fungible tokens (NFTs), blockchain and augmented realities are directly influencing how we cultivate and protect various forms of intellectual property, including trade marks.
We have previously written about key steps
NUMB: BOTOX reputation insufficient to stop PROTOX
Earlier this month, the High Court of Australia ultimately rejected trade mark infringement and misleading/deceptive conduct claims by Allergan (owner of the injectable BOTOX®) against Self Care’s anti-wrinkle skincare products PROTOX and INHIBOX (marketed under the slogan ‘instant Botox® alternative
(Un)conscious Marketing: Is green really the new black?
As we settle into a new calendar year, we reflect on the Australian Competition and Consumer Commission’s (ACCC) 2022/2023 compliance and enforcement priorities announcing, amongst other priorities, their commitment to resolving consumer and fair trading issues regarding environmental
Raising our (Ad) Standards: What environmental claims have Australian regulatory bodies deemed acceptable (or not)?
The recent announcement that the self-regulated Australian Association of National Advertisers’ (AANA) will be undertaking a review of the AANA Environmental Claims Code (Environmental Code) follows the growing community concern about the environment, increased sustainability claims