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ARTICLE · 26 JULY 2019

Australia Update: Get your intellectual property contracts CCA-compliant by 13 September 2019

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Businesses should review their IP contracts to avoid penalties for breach of the competition law provisions of the CCA.

AustraliaIntellectual Property
Sarah Vo
Sarah Vo
Peter Hallett
Peter Hallett
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Important changes to the Competition and Consumer Act 2010 (Cth) (CCA) come into effect on 13 September 2019. The repeal of subsection 51(3) from the CCA, which is effective from that date, will remove certain exemptions that currently apply to transactions involving the licensing and assignment of intellectual property (IP), including franchise agreements and R&D contracts.

The new law will apply to all IP transactions, regardless of whether they were entered into before or after 13 September 2019. There are substantial penalties for breach of the competition law provisions of the CCA, and all businesses should review their IP contracts to ensure that they are compliant with the new law before the repeal takes effect.

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