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17 May 2023
Modernising Australia’s anti-money laundering and counter-terrorism financing regime: Consultation commentary
The Commonwealth Attorney General’s Department released its Consultation Paper, Modernising Australia’s anti-money laundering and counter-terrorism financing regime on 20 April 2023 ( Consultation ).
16 May 2023
The IP in AI: Does copyright protect AI-generated works?
The increasing use and sophistication of AI systems is resulting in the generation of more sophisticated output, including in the form of images, text and sounds. As the quality of the output of AI systems increases, more questions are being raised as to how this output may be protected by...
24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
15 March 2023
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.
01 March 2023
Supreme Court decision gives further clarity on claims by distressed companies against directors
Although not directly concerned with directors' liabilities, the recent Supreme Court judgment in Stanford International Bank Ltd v HSBC Bank PLC provides further clarity on the circumstances in which a distressed or insolvent company may seek to make claims against its directors.
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27 June 2023
ILS 6th Annual Conference on Energy Arbitration & Dispute Resolution in MEA, hosted by International Law Summits & Herbert Smith Freehills LLP
ILS’s 6th Annual Conference on Energy Arbitration and Dispute Resolution in the Middle East and Africa will take place on 27th and 28th June 2023. The event is organised in association with Herbert Smith Freehills and will take place in person at our London office, and will examine the economic,...
06 June 2023
Social media and online safety: Australian Regulation spotlight
Online regulation has historically focused on more sinister corners of the internet, but with a rapidly evolving digital ecosphere, the Australian eSafety Commissioner has been increasing its regulatory presence and global tech companies have had to adapt.
01 June 2023
UPC Structure – local, regional and central divisions and Court of Appeal
The UPC will have a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases will commence in any one of these divisions according to the subject matter and the prescribed division set out in the UPC Agreement and the UPC Rules .
01 June 2023
UPC: Mediation and Arbitration
The Patent Mediation and Arbitration Centre (PMAC) forms part of the Unified Patent Court (UPC). Its rules of operation are available here . It operates independently, but carries out its tasks in close contact and cooperation with the committees/bodies of the UPC which will have to take decisions...
01 June 2023
UPC Costs
The value of a case before the UPC will be determinative of court fees and the applicable ceilings for recoverable costs. The UPC Administrative Committee has published guidance on the determination of the value of a case before the UPC , alongside guidance on the scale of ceilings for recoverable...