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15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
17 August 2021
Enforcement of Court Judgments in the UK, the EU and Turkey after Brexit & Enforcement Strategy
Article co-authored with Turkish Law Firm, Pekin Bayar Mizrahi For many years, commercial parties across the globe, and particularly in Europe, have preferred to enforce their English law-governed agreements, and resolve their disputes, in the courts of England. This combination has been selected...
28 July 2021
New law on escalation clauses in Hong Kong
Key judgment on arbitration clauses affecting thousands of commercial contracts Many commercial contracts contain "escalation clauses"requiring parties to take certain steps before formal arbitration begins – such as a requirement to "negotiate in good faith" before starting arbitration.
20 July 2021
Virgin Territory: What are the Implications of Restructuring Plans for Defined Benefit Pension Schemes?
The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.
19 July 2021
Full Federal Court gives Epic Games the green light to continue in its Australian proceedings against Apple – implications for competition enforcement
The Epic Games ( Epic ) v Apple proceedings are back in action, with the Full Court overturning the primary judge’s stay of the proceedings.
02 July 2021
Australian court provides guidance on drafting of arbitration agreements and reasoning of awards
In a recent blog post , we discussed Australia’s pro-enforcement approach to foreign arbitral awards. A recent case of the Victorian Court of Appeal ( VCA ) affirms this approach in relation to domestic awards.
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17 September 2021
The Unified patent court and unitary patent – Introduction
A new patent right and patent enforcement system is coming for patent protection in the Europe which the new court's Preparatory Committee states is likely to start mid-2022. There are two main elements: A Unified Patent Court ( UPC ) which will have jurisdiction over all European patents (current...
15 September 2021
Reckitt Benckiser puts a Finish (for now) to competitor’s launch of dishwashing tablets
Businesses launching a new brand in the Australian market need to consider the competitive landscape of existing brands, and the risk of a competitor seeking an urgent interim injunction against them, if they stray too close to an existing registered trade mark.
15 September 2021
The Herbert Smith Freehills Legal Privilege Web App
We are delighted to announce the release of our English law legal privilege web app. Following on from the very positive feedback which we have received from clients over recent years on our Handy Client Guide to Privilege, our team has developed a digital version which makes the analysis quicker,...
15 September 2021
International Construction Law Conference 2021
King’s College London, Centre of Construction Law and Dispute Resolution, in collaboration with The Academy of Experts presents International Construction Law Conference 2021 Wednesday 15 September 2021 , held online and in person (restrictions permitting)* at King's College London starting at 09...
15 September 2021
GAR The Guide to Advocacy - Edition 5 - Cultural Considerations: United States
Amal Bouchenaki, Partner in Herbert Smith Freehills’ New York office, has contributed to the Fifth Edition of Global Arbitration Review’s “The Guide to Advocacy” with a chapter entitled “Cultural Considerations in Advocacy: United States”.
14 September 2021
TALKING INFRASTRUCTURE AND ENERGY SERIES
Welcome to our series of webinars and legal briefings from the Southeast Asia Energy and Infrastructure Practice, focusing on recent developments (and some helpful reminders) of importance for investors, developers, lenders and contractors, both legal and commercial.
14 September 2021
Marketing a product as an “alternative” is no answer to trade mark infringement
The Full Court of the Federal Court has found that marketing a product as an “alternative” to a trade-marked brand is no answer to a claim of infringing use as a trade mark. In Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd , 1 Justices Jagot, Lee and Thawley took a broad view of trade...
13 September 2021
COP26 – Trends in the US
Introduction The January 2021 inauguration of Democrat Joseph Biden as president and the installment of Democratic party majorities in both houses of Congress has pushed climate change back into the spotlight as a matter of national political prominence. President Biden has promised to take a “...
13 September 2021
THE EUROPEAN UNION APPROACH TO COP26
European Union aims for COP26 The European Union ( EU ) has made it clear that it aims to translate ambition into action at COP26. One aspect of this will be encouraging major emitters to submit their Nationally Determined Contributions under the Paris Agreement (for more information on Nationally...
13 September 2021
Guide to Private Wealth in Asia: Fifth Edition
The fifth edition of the Herbert Smith Freehills Guide to Private Wealth in Asia provides clients, business people, lawyers and other advisors with concise information on trusts, estates, probate and mental capacity issues to assist them in mitigating risks and understanding the changing legal...