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08 July 2020
Exploring Opportunities: Acquiring IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
10 June 2020
Takeaways from the In-N-Out and Down-N-Out burger brands battle
A series of recent Federal Court cases provides a warning to “cheeky” traders whose marketing draws too closely on the brand and reputation of their rivals. In February, the Federal Court ruled that the operators of the Down-N-Out burger chain were liable to In-N-Out Burgers for trade mark...
26 May 2020
Has the Full Court 'Rokt' the boat
Commissioner of Patents v Rokt Pte Ltd [2020] FCAFC 86 is the most recent in a string of decisions by the Full Court of the Federal Court in which the Court has yet again rejected a computer-implemented invention in this instance a digital advertising system and method as patentable subject matter.
12 May 2020
Patent and Pharma Update, May 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this update we welcome our new IP partner in Germany. We have a number of interesting updates from the UK Court of Appeal, including a decision on Arrow declarations, a competition decision...
29 April 2020
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first. 1 Of the 4 cases in Australia in which the Commonwealth has sought compensation for losses arising from an interlocutory injunction restraining the launch...
22 April 2020
COVID-19: Pressure Points: The Government confirms that it will indemnify ventilator manufacturers against IP infringement claims (UK)
The UK Government has issued an indemnity in relation to claims brought against the manufacturers of new ventilators produced to deal with the COVID-19 pandemic in the UK as part of the Government’s campaign for rapidly manufactured ventilator systems (RMVS). A letter from Michael Gove MP to the...
08 April 2020
Open Innovation: Collaborate to Innovate
Innovation that happens in an "open" collaborative context – either internally or with external partners - can provide faster, better, more holistic results to accelerate innovation and improve competitive advantage, concludes our new report: Open Innovation: Collaborate to Innovate , based on "...
24 March 2020
COVID-19: People: Five practical steps to managing your cyber security risk during a crisis (Global)
The COVID-19 pandemic has created a range of unexpected technology, intellectual property and data related challenges for all businesses. Organisations are doing everything they can to face these risks head on while maintaining business continuity. The security of organisations’ networks and their...
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
10 February 2020
Patent and Pharma Update, February 2020
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector In this issue we report on the Supreme Court decision of Shanks v Unilever on employee inventor compensation. We update on two CJEU decisions relation to public access to documents submitted...
07 February 2020
Fighting for a consumer-friendly market: stricter rules in the EU
A spate of high-profile cases across the EU has brought the spotlight firmly on how to combat unfair commercial practices and increase consumer protection. The European Commission has been focussing on how to increase consumer protection and reinforce the EU's reputation for being a high quality,...
06 February 2020
ECJ rules for the first time on “pay-for-delay” agreements
On 30 January 2020 the European Court of Justice (“ ECJ ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of...
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07 September 2020
London International Disputes Week 2020
We are pleased to announce that London International Disputes Week (LIDW) is returning for a second year in September 2020. Herbert Smith Freehills is proud to be associated with this key event, which celebrates London as a global centre for dispute resolution. 7 – 11 September 2020 For more...
10 July 2020
New ASIC guidance for officers and senior managers on whistleblower laws
On 30 June 2020, ASIC released INFO 247 : Company officer obligations under the whistleblower protection provisions . The volume of information and guidance on whistleblowing can feel overwhelming at times. The information sheet largely repeats aspects of ASIC’s guidance in Regulatory Guide 270 (...
10 July 2020
Pressure Points: Covid-19 and Fraud (UK)
Covid-19 restrictions are being slowly eased, but the impact of the pandemic and related lockdown measures on financial crime risk and on related compliance measures continues to be a high priority for business. In our April briefing , we analysed the impact of the restrictions on the UK criminal...
10 July 2020
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed sum that is payable on breach, or set a maximum sum for any damages, or exclude liability (or particular categories of liability) altogether.
09 July 2020
Pressure Points: A focus on security interests under the PPSA (Australia)
Like other crises that have come before it, both financial and otherwise, Covid-19 has impacted business revenue in almost all sectors. Government mandated social and business lockdowns in Australia and overseas have resulted in contracted liquidity and businesses needing to expend cash, tap...
08 July 2020
People: Post-lockdown issues for employers (UK)
On 11 May 2020 the UK Government published its roadmap for coming out of lockdown, providing for a (conditional) phased return of schools and businesses over the coming months and subject to continuing social distancing requirements. Most businesses and venues (except for certain close contact...
08 July 2020
Significant changes imminent in Queensland for resource authorities holders and large scale mining leases
On 25 May 2020, the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (Amendment Act) was granted assent by the Queensland Governor. The changes under the Amendment Act will commence on a date yet to be proclaimed by the Governor.
08 July 2020
People: Job Retention Scheme (UK)
On 29 May 2020 the Chancellor confirmed the extension of the HMRC's Coronavirus Job Retention Scheme ("CJRS"), with new flexibility added for employers to partially furlough employees from 1 July 2020. Employees can now work for any proportion of their usual hours and any shift pattern, with...
08 July 2020
Exploring Opportunities: Acquiring IP assets in a changing world (Global)
As governments around the world take the first tentative steps to ease lockdown measures, people and businesses are beginning to focus on a return to work or at least a resumption of more normal business processes. However, it is clear that a large number of businesses, sadly, will not survive in...
07 July 2020
Governance: Key considerations for effectively managing remuneration arrangements during the pandemic (Australia)
One of the many issues companies are facing in light of the Covid-19 pandemic is how best to appropriately remunerate, incentivise and retain employee and executive talent as the pandemic continues to unfold. This article sets out five key issues for listed companies and their remuneration...
03 July 2020
Pressure Points: Key actions checklists for trustees and sponsors of DB schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical issues that sponsors and trustees of defined benefit schemes need to address. To help with this, we have created checklists (based on our experience advising clients to date) which summarise the...
03 July 2020
People: Key actions checklists for trustees and employers of DC schemes (UK) - Updated
Current events related to Covid-19 and the related economic impact are raising a number of time critical pensions-related issues that employers with defined contribution (DC) schemes and trustees of such schemes need to address. To help with this, we have created checklists (based on our experience...
