The new unfair contract provisions – how will your license (& other) agreements be affected? - SA
Thursday 23rd February 2017 | Thomson Geer Lawyers, Level 7, 19 Gouger Street, Adelaide
On 12 November 2016, the "unfair contract terms" provisions of the Australian Consumer Law commenced and now apply to all "standard form contracts" involving a small business.
Agreements entered into (or varied) from 12 November 2016 may be caught by this new regime. This is likely to include many licence agreements, distribution agreements and manufacturing agreements, and a wide range of other contracts that businesses routinely deal with in the course of trade.
The consequence of having a term declared "unfair" is that it will be unenforceable. However, structured correctly, the obligations imposed by the unfair contract terms regime can be easily accommodated. Each business should develop a strategy that reflects its circumstances and the way in which it interacts with other businesses.
This session will discuss the key elements of the new laws, and provide practical guidance as to:
- What to do when issuing a new standard form contract
- What to do if you are unsure whether you are dealing with a small business
- What are your rights if you are presented with a standard form contract
- What strategies can you use to avoid the application of the new laws, both in connection with licence agreements and other standard form contracts
- How standard form contracts can be reviewed and updated to ensure compliance and minimise risk
Speaker: Josh Simons,
Partner - Thomson Geer
Josh is a partner of Thomson Geer, and is widely regarded as one of South Australia's leading intellectual property lawyers. He advises public and private sector clients on IP protection, management, commercialisation and enforcement issues, and has litigated a number of high profile IP disputes in the Federal Court and High Court. Best Lawyers Australia has recommended Josh for intellectual property each year since 2010, and recently named him its "2014 Intellectual Property Lawyer of the Year".
Josh is the immediate past Chair of the South Australian IPSANZ Committee, and a member of the Law Council of Australia's Intellectual Property Committee.
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