It would be fair to say that most, if not all people, have some idea of what a franchise is, even if they do not know what the legal requirements are for one. Examples of franchises are everywhere – the most famous examples tend to involve fast food businesses (McDonald’s, Hungry Jacks, Subway, Domino’s Pizza, Red Rooster, 7-Eleven etc.), but a franchise can also operate effectively for non-food related businesses (Fitness First and Fernwood Women’s Health Clubs, the famous Jim’s franchise, offering mowing and other personal services, Dymocks’ bookstorest to name a few). The common characteristic of all these businesses is that they operate under strong and prominent brands, which can be an advantage if you are looking to start a business without putting significant resources into establishing your own brand.

The University of Western Australia’s challenge for ownership rights to Dr Bruce Gray’s microsphere inventions used in the treatment of cancer may have come to an end with the Full Court of the Federal Court dismissing the University’s appeal earlier this month.

On many an occasion, clients are confronted with a question that is often more difficult to answer than one would initially think. What is the value of your intellectual property asset?

Supporters of low-carbon technology are leading the argument that any invention which will assist in reducing the Earth’s carbon foot-print should be made widely and freely available, so we can all gain the benefits from the new technology in the fastest possible way.

In the recent Federal Court decision of University of Western Australia v Gray 2008 FCA 498 it was held by Justice French that an invention developed by an employee academic researcher was not the property of the University. The employment contract of Dr Gray described his job duty description to be that of undertaking research and organising such research with University staff and students. The Court also acknowledged that Dr Gray’s position with the University also encompassed a teaching role.