When it comes to copyright, co-owners are interested in copyright as tenants. No co-owner is allowed to act in copyright (including the granting of a license) without the agreement of the other co-owners. Thus, a co-owner could initiate counter-infringement proceedings against a co-owner with respect to common copyright if, without consent, the co-owner separately benefits from an act affected by copyright. The Franchise Code also mentions certain “special circumstances” which, when included in the franchise agreement, allow a franchisee to terminate the franchise agreement without complying with the termination procedures indicated, namely whether the franchisee: Are there any restrictions on the creation of a business entity by a foreign licensor or a joint venture in which a foreign licensor is involved and are there any restrictions on the against a foreign licensor who has concluded a licence agreement without Esta to a subsidiary or branch? Whether or not such restrictions exist, is a regulatory submission or review process necessary before a foreign licensor can establish a business entity or joint venture in your jurisdiction? It is not necessary to take into account the interest of intellectual property protection. However, where a licence contains provisions that justify a security interest, the interest must be registered in accordance with the Personal Property Securities Act 2009 (Cth) (PPSA), in order to retain priority over creditors in insolvency situations. In the absence of an infringement by the franchisee, a franchisee may terminate, if the franchise agreement authorizes termination by the franchisee before the franchisee`s expiry, provided that the franchisee first notified the proposed termination and the reason or reasons for such termination. Subject to a challenge to the application of the applicable law of the jurisdiction chosen by the parties on grounds of public policy and the priority application of non-exclusive Australian law to a licence agreement with effect from Australia (e.g. B CCA – cannot be excluded if the legitimate right of the Treaty so did, but for the choice of the parties, B. the law of a party of Australia), or if the court does not consider the election of a party to be in good faith, an Australian court will recognize and uphold the choice of the parties. . . .
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