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Journal of Intellectual Property Law & Practice 2006 1(12):749-751; doi:10.1093/jiplp/jpl163
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Published by Oxford University Press. All rights reserved

Current Intelligence

Australian court holds that sublicensor cannot validly assign brand management and termination rights

Colin Pearson and John Davidson-Kelly
Allen & Overy LLP London

In Pacific Brands Sport and Leisure Pty Ltd v Underworks Pty Ltd the Full Federal Court of Australia held that a sublicensor could not validly assign certain rights, including brand management rights and termination rights, to a third party because the nature of the rights was personal between the sublicensor and the sublicensee and the assignment of those rights required the sublicensee's consent.


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