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Free Consultation with a Civil Lawyer: What You Need to Know

Looking for legal advice in Sydney? Get a free consultation with a civil lawyer in Sydney with Heathfield Grosvenor. They can help you with matters such as contracts, disputes, and more. https://hglaw.com.au/

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Small Business Lawyers Sydney | Expert Legal Advice

Small business lawyers are attorneys who specialize in providing legal guidance and representation to small businesses. They help businesses navigate legal issues and ensure compliance with laws and regulations. Small business lawyers can assist with a wide range of legal matters, including:

Business formation: Small business lawyers can advise on the best legal structure for a business, such as a sole proprietorship, partnership, LLC, or corporation, and help with the necessary paperwork to establish the business.

Contracts: Small business lawyers can draft, review, and negotiate contracts for a variety of business purposes, such as vendor agreements, employment contracts, and leases.

Intellectual property: Small business lawyers can assist with the protection and management of intellectual property, including trademarks, copyrights, and patents.

Employment law: Small business lawyers can help ensure compliance with employment laws and regulations, including hiring practices, employee benefits, and termination procedures.

Tax law: Small business lawyers can provide advice on tax issues, including tax planning, compliance, and disputes with the IRS.

Litigation: Small business lawyers can represent businesses in legal disputes, such as breach of contract or employment lawsuits.

When looking for a small business lawyer, it's important to find someone with experience and expertise in the specific legal matters that affect your business. It's also important to consider their fees and how they bill for their services. Some lawyers may charge hourly rates, while others may offer flat fees or contingency fees.

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Startup Lawyers in Sydney | Free Quote and Consultation

If you're looking for a startup lawyer in Sydney, there are many options available. Here are a few things to keep in mind as you search:

Look for a lawyer with experience working with startups. Startups have unique legal needs, and you want someone who understands those needs and can help you navigate the legal landscape.

Consider the lawyer's rates. As a startup, you likely have limited funds, so you'll want to find a lawyer who offers reasonable rates or is willing to work with you to create a payment plan that works for your budget.

Look for a lawyer who is responsive and easy to communicate with. As a startup, you may have urgent legal needs, and you want a lawyer who will be there for you when you need them.

Consider the lawyer's reputation and reviews. Look for a lawyer who has a track record of success and positive reviews from previous clients.

Here are a few options for startup lawyers in Sydney:

LegalVision

Bird & Bird

Gilbert + Tobin

Hall & Wilcox

Maddocks

It's important to do your own research and choose a lawyer who is the right fit for your specific needs and situation.

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Intellectual property in Australia - Heathfield Grosvenor

Intellectual property Lawyers Sydney

In Australia, intellectual property (IP) refers to the legal rights that protect creative works and ideas. These include patents, trademarks, copyrights, and designs.

Patents: Patents protect inventions, including machines, processes, and new products. They provide the patent owner with the exclusive right to use, sell, or license their invention for a limited period of time.

Trademarks: Trademarks are symbols, logos, or names that distinguish a business or product from others. They help businesses establish their brand identity and prevent others from using similar marks.

Copyrights: Copyrights protect original artistic, literary, and musical works, including books, films, and music. The owner of a copyright has the exclusive right to reproduce, distribute, and perform their work.

Designs: Designs protect the appearance of a product, including its shape, configuration, and pattern. They are registered to prevent others from producing or selling similar designs.

In Australia, the responsibility for IP laws and regulations lies with the Australian government's IP agency, IP Australia. This agency is responsible for granting and registering patents, trademarks, and designs, as well as providing information and guidance on IP protection. IP Australia also manages the dispute resolution process for IP disputes.

It's important to note that IP laws and regulations can be complex, and seeking legal advice from an experienced IP lawyer is recommended for anyone seeking to protect their intellectual property in Australia.

Copyright (protects the expression of ideas)

Copyright protects the expression of ideas (and not the ideas themselves). Ideas can broadly be expressed as literary, dramatic, musical or artistic works (e.g. written articles, song recordings, drawings, photos and even three dimensional works such as buildings). Films, sound recordings, broadcasts, and the typographical arrangement and layout of published editions are also specifically protected.

Copyright protection is provided for under the Copyright Act 1968 (Cth) which protects copyright owners against infringing acts occurring in Australia. In Australia, protection arises automatically upon creation to works which are first published in Australia or where the author was an Australian citizen or person resident in Australia. Australia is also obliged under international copyright conventions to protect foreign copyright material in the same way as a work first published in Australia for example.  

https://hglaw.com.au/

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Additional damages for copyright infringement

Under Australian law, victims of copyright infringement may be entitled to an account of profits or compensatory damages under s.115 (2) of the Copyright Act 1951 (Cth) (Copyright Act).

Additional damages may also be available under section 115(4) of the Copyright Act.  That section provides:

(4)Where, in an action under this section:

(a)an infringement of copyright is established; and

(b)the court is satisfied that it is proper to do so, having regard to:

(i)the flagrancy of the infringement; and

(ia)the need to deter similar infringements of copyright; and

(ib)the conduct of the defendant after the act constituting the infringement or, if relevant, after the defendant was informed that the defendant had allegedly infringed the plaintiff’s copyright; and

(ii)whether the infringement involved the conversion of a work or other subject‐matter from hardcopy or analog form into a digital or other electronic machine‐readable form; and

(iii)any benefit shown to have accrued to the defendant by reason of the infringement; and

(iv)all other relevant matters;

the court may, in assessing damages for the infringement, award such additional damages as it considers appropriate in the circumstances.

The purpose of additional damages is to deter copyright infringement. The amount of additional damages awarded will depend on the facts of the case, such as the nature and extent of the infringement, the level of harm suffered by the copyright owner, and any aggravating or mitigating factors.

It is worth noting that the award of additional damages is discretionary and not automatic, and that the copyright owner must prove their entitlement to such damages. Additionally, courts may consider other factors such as the infringer’s conduct, their level of knowledge of the infringement, and any steps taken to remedy the infringement when determining whether to award additional damages.

Top Plus Pty Ltd v Mix Entertainment Pty Ltd [2022] FEDCFAMC2G 981

This case concerned Top Plus Pty Ltd who were applying for summary judgment against the first respondent, Mix Entertainment Pty Ltd, and the second respondent, Mr Yiren Wang, for infringement under ss 115 and 116 of the Copyright Act1968 (Cth) of copyright in certain cinematograph films owned by the second applicant, Universal Music Limited, and exclusively licensed to the first applicant, Top Plus Pty Ltd.

The cinematograph films were karaoke music videos (KMVs). They comprised approximately 6,214 Chinese (both Mandarin and Cantonese) and English KMVs, and new releases of KMVs added from time to time, owned and controlled by Universal Music, released in Hong Kong and Australia, and/or supplied commercially in Australia in VCD/DVD format or electronic form (collectively, the KMV Films).

Mix Entertainment had previously been accused of alleged unlicensed use of copyright in the KMV Films in infringement of applicants’ rights. That earlier dispute was resolved in 2012 prior to the commencement of suit by entry into a written non‐exclusive licence agreement between Top Plus and Mix Entertainment, signed by Mr Wang in his capacity as sole director of Mix Entertainment on 30 April 2012 (2012 Agreement). Pursuant to the 2012 Agreement, Top Plus permitted Mix Entertainment to offer the licensed content — the KMV Films — for viewing and singing by customers in up to 13 rooms at Mix Entertainment’s karaoke outlet ‘Mix Karaoke’ for the period of the licence.

The 2012 Agreement expired on 31 December 2012.

Compensatory damages which applied the licence fee test were awarded in the sum of $179,616.70.

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Heathfield Grosvenor Lawyers Pty Ltd Areas of Law

We are a commercial law firm backed by substantial international and domestic experience. Our Sydney business lawyers focus on delivering astute, effective and affordable legal advice in our areas of expertise, litigation and dispute resolution & corporate and commercial advisory services.

We are a law firm headquartered in Sydney, Australia that specialises in providing litigation & dispute resolution services as well as services to businesses generally. Our other area of specialty is therefore corporate and commercial advisory services

Heathfield Grosvenor recognised under ‘Best Law Firms in Sydney 2021’ by FirmChecker

Heathfield Grosvenor Lawyers has been recognised as ‘a highly rated firm’ by FirmChecker (don’t know what that is? It is equivalent to Tripadvisor in the tourism industry), Australia’s leading site for professional service reviews.

Do we work for the accolades and the recognition? Absolutely not.

Thankfully, these recognitions come with the ardent work that we pride ourselves in. But, as a law firm, we are always thankful for the recognition given, and most importantly, knowing that our clients receive the best and just outcome. Survey results, as published by Lawyers Weekly show that ‘NZ lawyers are more trustworthy than Australian Lawyers’ – now that is another point to add onto Australia’s long-standing scoreboard with New Zealand!

But, the point being is that we aim to restore the integrity and trust between clients and lawyers through our firm. For us, it is not about competition because we distinguish ourselves with our inherent ability to achieve just outcomes, and a pleasant and professional experience for our clients.

Serving justice is a privilege and a duty for us, and nothing else.