Product Risk Insights

20 September 2007

Product risk involves more than just product liability, safety and regulation issues. The legal issues associated with the manufacture and distribution of products cover a broad spectrum of potential legal risk.

This issue of Product Risk Insights considers five topics: the state of Australian product liability reforms, how Government decisions impacting products can be reviewed, the protection of intellectual property in product designs, how exclusions under a product liability policy should be interpreted and how you substantiate product advertising claims.

Product liability: A crazy quilt?

By Jocelyn Kellam and Colin Loveday.

Fifteen years after the introduction of strict liability for defective products into the Trade Practices Act, Australian product liability laws are far from coherent, say Dr Jocelyn Kellam and Colin Loveday. The result? There is a real possibility of forum shopping.

Is that your final decision?

By Teresa Schafer.

If you don't like a Government decision, who are you going to call? What are the rights of review? Dr Teresa Baker has some recent examples of administrative decisions illustrating the business of the Administrative Appeals Tribunal.

The shape of things to come: Product design protection and the need for artistic inspiration

By John Fairbairn.

In 1933, HG Wells accurately predicted the role of submarine-launched missiles, but could he have protected the intellectual property in his new idea? John Fairbairn looks at the latest in the law of design and copyright.

Defective design - How far does your product liability cover go?

By Ray Giblett.

A "quick shove kick", a leg amputation and a West Australian Supreme Court decision on "defective design" and "professional duty". How well do you understand the fine print of a product liability insurance policy and what do those exclusions mean, asks Ray Giblett.

Market research reports and marketing experts

By Madeleine Kearney.

Madeleine Kearney looks at two recent cases on the perils of using marketing research reports in your advertising campaigns.

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