The fine line between a franchise agreement and a trade mark licence

In a timely warning for IP lawyers to think beyond IP laws, the Full Federal Court has just confirmed that it doesn’t take much for a trade mark licence to also be a regulated "franchise agreement". All you need is quality control, business plan/sales requirements, financial oversight and the potential to impose further policies and procedures.

Subjects: Trade marks


Drafting international IP licences – watch out for tax risks

We recently posted on certain pitfalls in drafting IP licences.  Well it doesn't rain, but it pours with these issues, as IBM has recently discovered.  On the receiving end of an adverse Federal Court judgment brought by the Australian Tax Office, IBM has learnt the hard way that the language used to draft an agreement is crucial to how the AT read more...