ARTICLE · 31 AUGUST 2022

Intellectual property & Australian sanctions against Russia

Piper Alderman

Contributor

Piper Alderman

Piper Alderman

Helping shape the future of business in Australia with practical, commercial and cutting-edge legal...

View firm profile

Explore more from Piper Alderman

Companies with IP assets in Russia should develop strategies for dealing with the Australian & international sanctions regime.

AustraliaIntellectual Property

Tim O’Callaghan

Leighton McDonald-Stuart

Author LinkedIn connections

As many would know, the Australian Government has applied targeted sanctions against Russia, Belarus, and persons and entities that are complicit in the war in Ukraine.

These sanctions are wide ranging and affect a variety of industries and sectors. Australia's sanction laws are the Autonomous Sanctions Act 2011 (Cth), the Autonomous Sanctions Regulations 2011 (Cth), and the Charter of the United Nations Act 1945 (Cth) and its various regulations (collectively, Australian Sanctions Law).

These sanctions restrict, among other things, making assets available to, or for the benefit of, designated persons or entities or dealing with "controlled"¹ assets.

The definition of asset under the Autonomous Sanctions Act is broad:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Protecting The AI Systems Competitors Can Actually Copy

AustraliaIntellectual Property

Spruson & Ferguson Lawyers

Three Stripes, Four Stripes: The Adidas v White Fox Trade Mark Dispute

GlobalIntellectual Property

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

AustraliaIntellectual Property

How Can You Retain Intellectual Property When A Client Will Not Pay?

AustraliaIntellectual Property

Patents In Australia: Novelty

AustraliaIntellectual Property

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Franchise & Licensing

Comparative Guide

Intellectual Property

Comparative Guide

Patent Litigation

Comparative Guide

Trademark Disputes

See more popular content from

Intellectual PropertyPiper Alderman

Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?

AustraliaIntellectual Property

Pointon Partners

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.

AustraliaIntellectual Property

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.

AustraliaIntellectual Property

Three Stripes, Four Stripes: The Adidas v White Fox Trade Mark Dispute

Adidas has commenced trade mark infringement proceedings in Australia against fashion retailer White Fox over its use of four parallel stripes on clothing. It is the latest dispute to test how far adidas can prevent third parties from using stripe designs which come close to its well-known three-stripe branding.

GlobalIntellectual Property

Assigning registered intellectual property rights in Australia: legal requirements and the importance of clarity

Understanding the legal requirements & best practices for IP assignment can prevent costly disputes & ensure a smooth transfer of ownership.

AustraliaIntellectual Property

Copyright infringement unauthorised Wii games downloads

A warning was issued to copyright pirates earlier this month when a claim made by the video game company Nintendo Co Ltd (Nintendo) against an Australian individual for illegally copying and uploading to the Internet its new Super Mario Bros Wii game was settled.

AustraliaIntellectual Property

Patents In Australia: Novelty

Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

AustraliaIntellectual Property

Protecting The AI Systems Competitors Can Actually Copy

Businesses building AI products on third-party models face a critical intellectual property challenge: determining what parts of their AI systems can actually be protected when competitors have access to the same underlying models. This analysis explores where protectable value sits in AI workflows, from data retrieval and validation processes to system integration and deployment architecture, and why patent strategy must focus on the commercially defensible elements rather than just the AI model itself.

AustraliaIntellectual Property

Spruson & Ferguson Lawyers

Lady Gaga Eliminates Lady Goo Goo! London High Court Grants Lady Gaga an Injunction to stop Trade Mark Infringement

Lady Gaga has been granted an injunction by the UK High Court preventing a company from infrininging on her trademarks.

AustraliaIntellectual Property

Good Different, Or Not Different Enough? Aldi Infringes Hampden’s Copyright In Snack Packaging

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

AustraliaIntellectual Property

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.

AustraliaEmployment and HR

Mandatory reporting of ransomware payments may soon be law. What you need to know

Government introduced into Parliament legislation to create a standalone Cyber Security Act.

AustraliaTechnology

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.

AustraliaTechnology

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors in transactions valued at $50 million or more must notify the Australian Taxation Office when providing non-indirect Australian real property interest declarations. These new requirements introduce strict notification deadlines, comprehensive reporting obligations, and significant penalties for non-compliance. How will these reforms impact transaction planning, risk allocation between parties, and completion mechanics for cross-border deals?

The hidden risk facing Australia’s credit funds: Property values haven’t fallen, but transactions have

Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.

AustraliaFinance and Banking

ACCC Takes Amazon AU To The Federal Court Of Australia Alleging Its Annual Amazon Prime Video Subscription Contract Contains Unfair Contract Terms

The Australian Competition and Consumer Commission has initiated Federal Court proceedings against Amazon AU, alleging that subscription contracts for Amazon Prime contain unfair terms allowing significant service changes...

AustraliaConsumer Protection

Patents In Australia: Novelty

Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

AustraliaIntellectual Property

ATO Releases Decision Impact Statement On Bendel – The Wait Is Over, But Was It Worth The Wait

The Australian Taxation Office has released its Decision Impact Statement following the High Court's landmark Bendel judgment on unpaid present entitlements and Division 7A. While some taxpayers who maintained passive arrangements may find relief, significant questions remain about the application of anti-avoidance provisions and the Commissioner's discretionary powers. The statement signals important changes to longstanding ATO guidance and raises critical considerations for trust and corporate beneficiary

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.

AustraliaGovernment, Public Sector

Dig Deeper Before You Litigate – Evidence Lessons For Liquidators

A Federal Court decision examines whether liquidators can rely on accounting entries alone to pursue debt recovery, or whether suspicious book entries require stronger evidence to overcome a nil balance shown in company records. The case highlights critical evidentiary thresholds for insolvency practitioners when challenging transactions made shortly before liquidation.

AustraliaInsolvency/Bankruptcy/Re-Structuring